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Default on my credit report due to mis-sold contract


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Hello fellow consumers,

 

I am in a bit of a predicament and a quick search on Google led me to your forums. In 2007, I needed a mobile phone. I went to Carphone Warehouse on Oxford street, and was finally sold a contract on Orange. When the salesman was closing the deal, he offered me a free "no strings attached" 30 day trial on O2.

 

Initially I refused, as I was content with my Orange contract, it fulfilled my needs nicely. He then went on to explain that it was 100% obligation free, and it would expire after the 30 days unless I called them to inform them that I intended to carry on using the sim card. Fair enough, I thought, and signed the contract without any further questions (I was more interested in my shiny new phone, clearly a vulnerable state and I'm sure the salesmen are well aware of this).

 

That was that. I moved house a few weeks later, and changed my address with Orange. By this stage, I had completely forgotten about the O2 contract. A few months later, I got a letter from some or other debt collection agency. I enquired about this, and after many phone calls I eventually gave in and paid them, as arguing with them seemed pointless.

 

Again, I thought that it was done and dusted. Until recently. I went to my bank to apply for a loan for a new car, which was declined. I went home, and checked my credit report with Callcredit. Low and behold, there it was: A default to the value of £32 from O2.

 

I sent them a query using their online questionnaire, explaining the situation, and this is the response I got:

 

"Thank you for getting in touch about your Pay monthly contract.

 

I'm sorry to hear that after a recent credit check your credit rating

was below average due to an O2 account in the past.

 

I'm sorry I was unable to look in to your account. As you've taken this

contract from Carphone Warehouse, I'd request you to please get in touch

with them as they'll be in a better position to help you in this matter."

 

I have responded to them stating that my credit report clearly says "O2", not Carphone Warehouse, and am awaiting a response.

 

I have also sent a request to Carphone Warehouse about this, but it seems they have more important things to deal with than reply to issues that customers have.

 

Now this of course begs the question: What now? Is there any action I can take to get this default removed? If anyone can offer some advice regarding this it'd be greatly appreciated, as this is putting a major block on my life at the moment.

 

Thanks in advace.

 

Regards,

David

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How did you cancel?

 

If you have proof that you gave notice, and this wasn;t acted upon then you've probably got a good chance of getting this resolved. If you simply stopped using it having spoken to the salesman... your difficulty is in having proof that you did so. Without corroboration is becomes your word against theirs, and you are disadvantaged as a result.

 

Your contract was with O2 not CW, so any cancellation HAS to be with O2 and you;d be bound by their published T&Cs. IF the default is correct, then it will not be removed (supposedly an 'accurate record of your dealings with the company').

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Hey thanks for the reply Buzby,

 

I've spent a few more days emailing, phoning and researching my options. I got hold of somenoe at O2 who managed to help me out. After explaining my situation, this is the reply I got this morning:

 

"I am sorry that you have had an issue with the above account so I’ve removed the loading from you credit file to day so that nothing adverse will show, please leave 24 hours before checking your file to allow the changes to download."

All I can say is that I was prepared to go to war about this, I had all my nasty words, threats and other nonsense prepared to take the battle to them, but this simply took my breath away. I just got my updated report and it is indeed removed. Kudos to O2 for their excellent customer service. If anyone needs to contact them regarding a similar issue their e-mail address is [email protected]. he lady that helped me was Olivia.

I hope this helps other people out!

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