O2 Default- Getting my debt cancelled and default removed

[milkybeer]

I was on an 18month contract with O2 back in 2008. I cancelled my contract due to poor service on their part. I constantly had to return a faulty handset & they refused to replace it with a new model until they eventually stopped stocking the said item. I had a faulty phone for 4 months.

 

Shortly after the contract was cancelled, I moved address, and inform O2 of this, advising them to contact me at this ddress with all correspondence. I never heard from them. I sent them a second letter and still heard nothing. I assumed they had cancelled the contract and wiped he debt. Several months later I moved to Australia for a year.

 

On my return from Australia I tried to take out a contract with another phone company but was refused. I checked my credit rating to discover that O2 had put a default on my account in February 2010.

 

I never received any correspondence from O2 the whole time I was in Australia (they had contact detaisl fro me) and I was never informed, or warned about the default.

 

I mailled O2 on discovery of the default. THe following day I received a letter from them telling me that my debt had been passed on to a debt company (Coincidence?)

 

I have since checked my credit rating again and now the debt company appears on there and has me down as missing a payment each month since Dec 08. I have never had any correspondence with with DCA.

 

Can I wipe this debt for any reason? Can I get the default removed from my file?

 

Any advice is greatly appreciated.

[Somebody Told Me]

Assuming you cancelled in writing did you ever receive confirmation of the date on which it would be cancelled?

 

Did you send your correspondence via recorded delivery and if so have you retained any of the receipts which prove that 02 received them? It'd also be helpful if you've copies of your letters to them to provide some evidence of the action you took to make sure your details were up to date with them.

 

As the DCA are now showing as having placed the default it is likely that the account has been sold to them; however, you should still be able to get any dispute handled by 02.

 

I'd first all ask the DCA to hold the account while you this up with 02 and if you take a look at this thread http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-internet/268151-default-my-credit-report.html you'll see some contact details for the guys at 02 who deal with credit file queries.

 

Make sure you keep us informed of your progress.

[buzby]

Also check your O2 contract terms. The DCA is not allowed to modify your credit file simply because they may have bought the debt. You gave O2 the power, but they cannot let others so it unless you agreed to it.

 

Did you?

[milkybeer]

Thanky ou. I have contacted O2 and wil let you know as soon as I hear from them. As far as I am aware I did not give the DCA any permission as I haven't ever heard from them until recently and the only thingI have said to them is that I am disputing this with O2.

[buzby]

It's usually done by providing permission at the same time as O2, where you allow them to pass your details or sell on the debt to third parties. The first option has been pretty standard since 1998, however this doesn't allow DCAs to treat the debt as if it was their own. I understand some networks amended their terms to allow this, so it is this you need to check.

[Somebody Told Me]

Now that the ball's rolling let's see where it ends.

 

If they don't come back with a favourable outcome make sure you escalate it and it's also worth considering making a SAR request to see what their records show compared to what they're telling you.

 

Fingers crossed.