o2 default that i knew nothing about

[stu_991]

hi

 

After trying to apply for a mortgage on 24th may, found out had an old O2 default on my report this was from 16/9/04 after speak with o2 my curent balance is £0 but report is £391.

 

I have informed O2 that this contract was taken out in Scotland so is subject to scottish law and under the prescription and limitations (scotland ) act 1973 should be removed after 5 years, but o2 now keep quoting that they have loaded in onto credit report as per Data Protection Act & information commissioners. Can anyone please advise as to how i can get this default off asap. or am i stuck with it until 16/9/2010 when the In principle, a debt cannot be enforced after 6 years from the date upon which it became due.

The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt.

Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment.

The relevant law is contained within the Limitation Act 1980.

 

 

I have looked into your query and we are unable to remove the entry you refer to from your credit file, as this shows an accurate record of your payment history.

 

Your invoices for Invoices 14 July 2004, 26 August 2004, 14 September 2004 and 16 September 2004 were not fully paid within 14 days. We sent reminders on 2 and 10 November 2004. O2 is not responsible for the receipt of correspondence.

 

O2 are legally bound to load an accurate record of the payment history of an account and if a bill is not fully paid with the 14 day terms of the contract, late payments will load automatically, leading to a default after six months. These details remain on the credit file for six years from the date of the settlement or default -whichever occurs earlier. I understand that you dispute this because you refer to Scottish laws however, as you’ve previously been advised, we load information as per the requirements of the Data Protection Act and Information Commissioner.

 

Can anyone advise from the above if the default date should then have been 14th july 2004 and not 26/3/2005 as O2 have it at.

 

Just ben informed by O2 they had sold the bedt onto a 3rd party but since 2004/2005 i have never been contacted by O2 or any 3rd party requesting any payment.

 

what can i do

Just found out that this was sold onto Robinson Way some time in 2006 and that in 12th Dec 2006 they lettered me about this but the letter was returned as i had moved in Aug 2006. been upto date sine 2006 is there anything that can been done. Its O2 and not \robinson way that have the default on my credit report so O2 have known all along about my new address.

 

Cheers Stu

[stu_991]

quick addition does O2 have to send out a notice of default or does the consumer credit act not apply to them

[stu_991]

can anyone advide on the below from o2 stating in 2004 it was legal to add default after 9 months and not limited to 6 months

 

We load defaults after 6 consecutive months of non payment.

 

The default has been loaded after the 6th month (so in affect the start of the 7th month). The default date shown on your credit file is correct, and as such I am unable to make any amendment. Legally speaking in 2004 we were entitled to load a default up to 9 months after termination of the account.

As I stated though during that period (up until 2006) we loaded default up to 9 months after the account terminated – hence the March default date.

 

You are correct applying the logic that if we loaded after 6 months then it would be January. But the loading after 6 months started in 2006 (from what memory serves). As the default was loaded in 2004 we were allowed to use the 9 month period; as such the credit file loading is correct.

 

[stu_991]

anyone able to help, this is holding up mortgage appl