O2 - Wescot reduced settlement

[subseascott]

After realizing that I had lost my O2 sim card in Malaysia in August last year, a £5472.00 bill was racked up in about 2 days. I was away for over 7 weeks so never even realized I had lost the sim until the D/D was taken out of my account. I managed to get the D/D reversed & then started a complaints procedure with O2 who confirmed that the charges were legitimate. I then e-mailed again but never received a reply.

 

As the contract had been terminated the month before & I had moved address, they had continued to send mail to my old address (which I never received). I had no other contact from O2 until I did a check on my credit report with Experian last week. This showed that I had defaulted on the account in January of this year. I then contacted O2 immediately who replied stating that they hadn't received my last e-mail, bla, bla, bla. They also informed me that my account had been referred to Credit Solutions who were unsuccessful in recovering the debt so it was then passed on to Wescot.

 

I contacted both Credit Solutions & Wescot this morning. Credit Soultions have told me that they have no information on me as it was passed back to O2. When I spoke with Wescot this morning they have told me that the debt is now £6402.15 however, due to the size of the debt, O2 have agreed to settle on £1601.15, 75% less than what is due.

 

I feel that this is as good as it is likely to get & should pay the debt then try to concentrate on getting the default notice removed however, my wife thinks I shouldn't even pay this.

 

Any thoughts???

 

I plan on asking O2 for a copy of the default notice & postal records of this under the DPA 1998 as a start.

 

Any other advice on this would be really greatly received. Everybody who has already taken the time to post on these forums has made a big difference to me over the past 2 weeks & made things a lot more clear!

 

 

Thanks in advance,

 

Scott

[dx100uk]

per i agree with her!!

 

theres nowt wetcloths can do to you

they certainly will go nowhere near court!

 

STOP speaking to these fleecers on the phone

 

everything in writing ONLY!!

 

i'd email the CEO of o2 and demand the defaults etc etc are removed forthwith

 

this was fraud and you should not be hit with any of the cost.

dx

[harrassed senior]

Trouble is though, most Mobile 'phone Contracts say that you are liable for calls in these circumstances, up until the time the loss is reported to them/Police, so I guess this is what they are using to try and get this money from the OP. I would start a written dispute with O2 Direct. Was this ever reported to anyone as lost/stolen?

[subseascott]

Thanks for the replies.

 

Unfortunately, I never noticed it was missing until the D/D had been taken out of my account, by which time it was obviously too late!!

 

As much as I would like to battle with Wescot all the way, my wife is pregnant & due any day so I don't really have the time at the moment & my knowledge of these kind of situations are next to non existent. Also, I can't see them offering anything better in the near future to be honnest.

 

A written formal dispute with O2 was carried out through the appropriate channels to which they said that all calls made were my responsibility, as you mentioned Senior.

 

I am conscious of trying to do everything in writing however, Wescot have told me that they will not provide their offer in writing, they will only send out the receipt of the payment which sounds a bit crazy to me!! Also, they said over the phone that the offer is only valid for 3 days. I know they are just trying to get me to pay up as soon as, but as I said, I can't see them offering anything better & I really want to be able to concentrate on getting the default notice removed from O2 which I suppose would be best to do after clearing the debt?

 

As mentioned, I am conscious of trying to do everything in writing but I have a major lack of patience & feel I can achieve / move things forward on the phone sometimes. I spoke with the Executive Relations manager at O2 who I received an e-mail from after writing to the CEO. She basically reiterated everything that she stated in her e-mail but I asked her what benefit it has to me to pay the debt if they aren't prepared to remove the default. If it's on there for 6 years regardless if it has been paid or not then I can't see why I would pay the debt. She went silent for about 10 seconds while she thought about it then said she would speak to her manager tomorrow to see if there is anything else they can do. I can prove I was on a vessel in Norway at the time the calls were made which would prove the theft.

 

I'm really stuck on what to do & not sure what best to do!!

 

 

Thanks for everyones advice!

[Bazooka Boo]

As much as I would like to battle with Wescot all the way, my wife is pregnant & due any day so I don't really have the time at the moment Nothing is going to happen with this alleged debt in the next 4 to 6 weeks anyway! Also, I can't see them offering anything better in the near future to be honnest. Oh I can, I can see you not having to pay it at all.

 

A written formal dispute with O2 was carried out through the appropriate channels to which they said that all calls made were my responsibility, as you mentioned Senior.

Thats because they don't want to acknowledge this was fraud neither do they wish to lose out on a four figure sum!

 

I am conscious of trying to do everything in writing however, Wescot have told me that they will not provide their offer in writing, they will only send out the receipt of the payment which sounds a bit crazy to me!! Also, they said over the phone that the offer is only valid for 3 days. Then what they have told you over the phone IS a pack of lies, you will pay them the reduced offer, they will send you a receipt for it (Unlikely) and then they will sell the remainder of the debt to another DCA who will then use the same tactics to fleece you of money you do not owe, and ALL because you have paid Wetcloths, and they will have written "MUG AWAITS FLEECING" on your file. If they cannot or will not commit the offer in writing then it is of absolutely no use to anyone.

 

I know they are just trying to get me to pay up as soon as, but as I said, I can't see them offering anything better & I really want to be able to concentrate on getting the default notice removed from O2 which I suppose would be best to do after clearing the debt?

The default will be on your file, and even when it has been paid up, it will be marked as settled.

 

As mentioned, I am conscious of trying to do everything in writing but I have a major lack of patience & feel I can achieve / move things forward on the phone sometimes. You can't, you have no evidence of the calls ever taking place, and even if you did, you will have no evidence of the content of those calls.

 

I spoke with the Executive Relations manager at O2 who I received an e-mail from after writing to the CEO. She basically reiterated everything that she stated in her e-mail but I asked her what benefit it has to me to pay the debt if they aren't prepared to remove the default. If it's on there for 6 years regardless if it has been paid or not then I can't see why I would pay the debt. She went silent for about 10 seconds while she thought about it then said she would speak to her manager tomorrow to see if there is anything else they can do. I can prove I was on a vessel in Norway at the time the calls were made which would prove the theft. BINGO! Theres your evidence.

 

You seriously MUST keep everything in writing, this will be your paper trail of evidence and you will be able to file this, unlike phone calls where you will have to remember the conversation or transcribe it to paper.

 

Wetcloths are NOT bailiffs by any stretch of the imagination, the ONLY thing they are able to do, is send out tame empty threat letters, and even those are laughable! How long ago are we talking about here?

 

If O2 were serious about recovering this money then they would have done it themselves and as soon as the direct debit was repaid to you.

[subseascott]

Thanks for the reply Bazooka. It's good to be given such reassurance!!

 

Point taken on board, I will make sure that all correspondence is done in writing form now on.

 

Westcot took the collection at some point in April I believe. As I mentioned, they have ben sending all mail to my previous address & I have not seen anything form O2, Westcots or Credit Solutions.

 

In you opinion, what should my next step forward be?

[Bazooka Boo]

IMO it would be beneficial to you, to inform them of your current address, (NOT your phone number) this way then you will have proof that you informed them of your current address, so they will have no defence or argument saying that they did not know where you lived and sent all correspondence to the old address.

 

I would get back in touch with O2 and re-open the complaint, or start a new one.

 

Inform them that you have proof that you could not have made those calls or rung up such a large bill, and you will need to continue hammering that point home to them, each time they refer you back to the T&C's.

 

They will either close the dispute as a gesture of goodwill (How long had you been with them and were you a good customer?)

Or they will send you a 'deadlock' letter stating that they cannot go further with your complaint if your still not satisfied you should escalate it to another authority. Not too sure who it would be, but my guess would be Otelo.

 

Keep a diary of events regarding the letters you send and receive, any letters you do send, you should get "Proof of Posting" from the PO counter and is free.

 

http://www.ombudsman-services.org/make-a-complaint-communications.html

[the_shadow]

IMO it would be beneficial to you, to inform them of your current address, (NOT your phone number) this way then you will have proof that you informed them of your current address, so they will have no defence or argument saying that they did not know where you lived and sent all correspondence to the old address.

 

Just to add, send this by Recorded delivery or at least get a proof of sending receipt stamped by the post office, these firms cannot be trusted. As previously stated correctly imho if they cannot commit the offer to paper then its not going to be binding or valid on them in which case they can sell the debt on as stated or just come back at you for more in the future

 

edit: Just seen BB recommended this already

 

S.

[subseascott]

Thanks guys,

 

I did inform them of my change of address several times in the letter I sent to them last week which was acknowledged in a round-a-bout way. I will ask them to formally acknowledge this now. I will also advise them that following our telephone conversation yesterday, I would like them to re-open a complaints procedure as I believe I have been a victim of fraud.

 

As per my last letter, I will send it both via e-mail & also recorded delivery. I have the CEO's e-mail address (for all that is worth) so will cc; him into it again as well. I will have a good rake through the forums here to see if I can find any other contact details.

 

I will write to Wesot today & ask them for written confirmation of what we spoke about over the phone & inform them of my change of address as well.

 

Thanks again for being so helpful!!

 

 

 

 

I have asked experian to put a notice of correction on my account as I am disputing the default notice so I will copy them in as well. I will also check my situation with the other CRA's & go down the same route with them too.

[the_shadow]

Thanks guys,

I have asked experian to put a notice of correction on my account as I am disputing the default notice so I will copy them in as well. I will also check my situation with the other CRA's & go down the same route with them too.

 

Realistically the notice of correction will not do much good I'm afraid, most decisions are made by computer so dont even see the details of the correction when making a yes/no decision, that said it does no harm to have it there

 

S.

[MR2Phil]

Hey,

 

Nothing to add here, but just checking in to lend support as I'm going through a similar thing at the moment.

 

Best of luck,

 

MR2P

[subseascott]

Hi Phil,

 

since my last post, Wescot refused to put anything in writing regarding the 75% discount so I've just ignored them & dealt direct with O2, would recommend the same I think as the collection agencies are definitely just in it to get a slice of the pie for themselves & have no interest in moving the situation forward for your benefit.

 

O2 initially came back & said that they wouldn't budge. I sent them a request for a second complaints procedure & network investigation which has obviously came back with the same results (this was done direct to he CEO but was replied to by a different assistant this time) This time they offered me a 50% discount & the removal of the default notice to be replaced with a query note. (They have not acknowledged any responsibility but have offered this as 'a gesture of good will')

 

I am seriously considering this as I need to get this sorted out as soon as possible. I am wanting to move house very soon, so obviously a new mortgage would be difficult to come by right now & my wife is looking at starting up her own business so a small business loan might be required.

 

I'm not sure what exactly the query note would be or how it would effect my credit report though? Any thoughts??? I asked them for more details on Friday but with it being a bank holiday weekend, I'm still waiting to get anything back.

[Bazooka Boo]

No idea what a query note is, never heard of that before?

 

Unless they remove all trace of there being a default on your CRF then it isn't worth paying 50% of this alleged debt, and IMO if O2 are offering this discount, then they know you don't owe them anything, because if you did, they sure as hell wouldn't be offering any discount!

[subseascott]

Yeah,

 

I do agree about the fact that they likely wouldn't offer a discount if they didn't recognize the fact that they were partially to blame. As I mentioned though, I could really be done with getting this off my credit report but will definitely make sure that all trace of the default is removed!!!

 

Will keep you all posted......

[Bazooka Boo]

IMO there is more legs in informing them that this is fraud and the fact that they should not have placed ANY default or adverse entry on your file, your the victim.

If they continue to act irresponsibly then get in touch with Otelo.

[subseascott]

O2 have said that they will replace the default with a 'Q' for query. They have also said that they will not be puting any further info / comments with this.

 

Could anybody advise on what the effects of this 'Q' query would be on my credit report be please, as far as borrowing etc goes. How would a lender view this?

 

 

Thanks in advance again!!!!

[dx100uk]

i would suggest as badly as a default!

 

why will they not remove it al together?

 

dx

[subseascott]

Just an update....

 

Came to the conclusion that Wescot were just trying it on & after speaking to O2, they never authorised a 75% discount. I have also read that they regularly do this & then pass on the remaining debt to another collection agency. I told them that I was in discussions with O2 & to cease all correspondence otherwise I would be treating it as harassment. Never heard a peep from them again.

 

O2 refused to budge on a 50% discount however they did remove the default & replace it with a 'Q' query note. The account is shown as settled both with Equifax & Experian. there are several 'Q's then a final 'S'.

 

As I mentioned, I was looking to get this settled as quick as possible so that I could get a new mortgage. I have now managed to get a mortgage very easily with this 'Q' query note on my credit report so I was just looking to let people know that it possible to get a mortgage / loan with this. Not a brilliant end to the situation having paid the 50% but as I said, I was looking to get the situation resolved quickly!

 

 

Thanks for everyones advice during this time!

[BRIGADIER2JCS]

Well done!!!

[Bazooka Boo]

Agreed well done, as long as you have the outcome that you desire then no-one can tell you otherwise, IMO you have won bloody good for you!