O2 - can I CCA??

[twinkle1977]

Hi everyone

 

A few years back (4 I think) I had an O2 contract for my mobile phone.

 

The account was a paperless billing type account, that meant I could access my bill on line and pay for it on line.

 

However, the information for my bill online, was a nightmare. I could barely ever access the information, and bills were not updated.

 

I got a bill for around £50 of voicecalling minutes in a really small window of 4 or 5 days when these calls were supposedly made.

 

I tried for months to get a breakdown of the bills, but the only way of dealing with O2 was via email (old work email account), which I did to no avail. I ended up in dialog with many different people as it was a global address and no one could help me. All i wanted was a breakdown of the bill.

 

I guess because the bill was jackanory, they could not assist. However, the account went into default (for £111) as I refused to pay without a bill (online or however).

 

I still have the default on my account, and to be quite honest, i'm naffed off with it just sitting there when I was completely in the right. They were complete crooks.

 

I've no idea whether i can CCA O2 or not? anyone else had anything similar, and can you help in how i can get this sorted?

 

Thanks

[rameses_qc]

No you can't CCA, as the agreement was based not on Consumer Credit, but Contract Law

[twinkle1977]

so i'm over a barrell.....? even though their contract was to upload my bill on line, and they failed to do so satisfactorily....

[cerberusalert]

The onus is on them to prove a debt exists, send them this;

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

[twinkle1977]

Thank you.

 

I don't have anyone chasing for this debt. A couple of years ago, I had a DCA contact me and sent a threatening letter.

 

I wrote back to them and told them of my issues, that I would be happy to pay if O2 could provide me with the information I required.

 

The DCA told me they would pass the account back to O2 and it was closed from their end.

 

O2 have not chased me, it's just a nasty red mark on my credit file that I want rid of.

 

Taking into account the above, is it ok to send this letter? I have no idea about a/c numbers and so forth, as it was an on line account, a few years ago...

 

Thanks again for your help!

[twinkle1977]

Hi all

 

Has anyone ever asked O2, or a mobile phone company to remove the default from their credit files and had any success?

 

If so, could you let me know how you asked for this? any letter - or any brilliant paragraph to put in the letter would be appreciated!!

 

Thanks!

[maroondevo52]

Hi, twinkle.

 

Do you want this thread moved to the Telecoms Forum ?

 

Regards.

 

Scott.

[twinkle1977]

yes please - seems like a good idea - can you move it for me?

[maroondevo52]

Thread moved

[buzby]

In short - whether you would be ultimately successful in getting the default moved from your credit file depends on whether the information is accurate. If it is, you cannot demand it - it is just one of the pitfalls of owning a contract mobile when you don;t pay the bills.

 

If you accept you owed them, and the bills were correct, then you'll be stuck. If however there were service issues, of incorrect billing and the rest and can prove this, this can be a good basis for negotiating its removal.

[twinkle1977]

Hi

 

I've written to O2 today - it takes me forever to get around to it!

 

I've basically explained the issues I had surrounding accessing the information on my mobile - the problems I had viewing my on line bill and how I tried to rectify the situation and contacted them on many occasions and requested on numerous occasions a breakdown of the bill as it was completely uncharacteristic of my mobile usage to make £50 of voice calls in a 10 day window (which is what it amounted to).

 

I've said that paying the £111 was never the issue, the issue was that our contract stated that the bill would be available to me on line, and I would make payment against my usage. The bill was not available to me, just a random figure that made no sense.

 

I've tried the appealing to their better nature, saying that the default on my file for £111 will affect my credit rating and ability to get credit in the future and that if they can send to me details of my account and a breakdown of the bill, then I would be happy to make a payment if I owed it. I'll see what they say. If i don't get a satisfactory response, i'll send the letter to the big bosses (if I can find their details) and keep going. Hopefully they'll crumble, but I don't hold out much hope.

 

They have been completely useless since day 1 where i've been so completely open and willing to pay if it is owed...

 

we'll see....

[Guest miaomiao]

Dont pay them unless they promise to remove the default. Once they got your payment, they wont be borther to remove it at all.

[twinkle1977]

Hi Everyone

 

Got a response to my O2 letter....

 

Thank you for your recent letter about the default O2 has registered on your credit file. I'm very sorry that you hadn't received the itemised description of your usage for your final O2 bills, I understand the frustration this has caused.

When investigating this matter further, it seems that the balance on your credit file is correct. Your June and July 2004 bills are still unpaid and this has led to debt recovery action. Regretably, due to the time it has taken you to contact us to request a copy of the bills in question, we no longer have them. O2 aren't regulated by the Financial Services Authority and so aren't required to keep the copies any longer than necessary. As it's been over five years since the bills were produced, they're no longer available.

 

You've suggested in your letter that you withheld payment until you could see an itemised copy of the usage information, however, there is no record of you requesting this prior to the closure of your account or following. In light of this, i'm unable to accept that O2 are at fault for failing to arrange this and so the balance on your account should be paid as requested by Westcot Credit Services Limited. Your credit file will remain unchanged.

So.... what to do now? I did contact O2, so many times requesting this information (break down of the bill) but it was from an old work email (the only one I had at the time). I had many replies from O2, but pretty standard "yes, you owe this money".... it was infuriating then, and it's infuriating now.

 

What do you recommend. I think another letter is in order.

 

And how about this for funny - I wrote them a letter from my current address, and they responded to my parents address. Classic! can't even read the address at the top of the page....

[buzby]

My recommendation would be to leave it alone. The adverse info will be wiped within 12 months anyway, so any further action would be flogging a dead horse.

 

It is VITALLY important that communications that need to be used for evidential purposes are sent in letter form, NOT emails. As you have no way of proving or even supplying a coipy of the emails sent - you each have an own-goal (you cannot prove, and they cannot supply old bills).

 

As for the address mix-up, well - they would be more likely to write to the last known address of the account holder - I'm assuming that was your patents address, unless you had subsequently updated it PRIOR to you latest letter (which, they could argue was to prevent DPA errors).