Raycrane - O2 Default Removal

[wicket]

Hi,

 

I've been reading the threads on default removals with interest and will be taking action to clear up my records, If possible.

 

Do you think these methods will work in connection with an account that is still being paid off?

 

Also, I had problems with an O2 account, needed to settle the debt through a credit agency but a default appeared on my file. However the account is now re-instated (today) as the debt is paid in full. As the account is now running normally will the status revert from 8 to showing the normal monthly history - any ideas?

[SurlyBonds]

Hi,

 

I've been reading the threads on default removals with interest and will be taking action to clear up my records, If possible.

 

Do you think these methods will work in connection with an account that is still being paid off?

 

Also, I had problems with an O2 account, needed to settle the debt through a credit agency but a default appeared on my file. However the account is now re-instated (today) as the debt is paid in full. As the account is now running normally will the status revert from 8 to showing the normal monthly history - any ideas?

 

I personally think that you may have problems trying to remove an unpaid default, although I do contend that the cessation of a contract holds equal weight to the argument. But, I've not used it in unsettled cases.

 

However, if the default is as a result of unfair charges, then claim the charges back and make it a condition of your claim that the default notice is removed as well.

 

You are taking the right approach by facing your debts and attempting to get them cleaned up... when you've done all that, it puts you on the moral high ground on which to take your other matters forwards.

 

As to O2, the "Current Month's Status" will revert to "OK" or "0", but the historic status will have something like:

No. of 1-2s in last 36 months: x

No. of 3s in last 36 months: y

 

However, it is a bit unusual for them to reinstate an account if they were that pi**ed off with you as a customer... just shows how desperate they are for monthly subs.

 

But, did they issue you with an actual default notice????

 

If they did, then they would have included their conditions for you to remedy the situation. If you remedied that situation, as they advised, and by the timescales given, then the default is deemed as remedied, and they should not be then registering it with the CRAs.

 

Usually an actual default notice means that the contract is likewise ended, and they will cut you off - it's odd to see that they are still retaining you. Maybe you could also tell them that you will only remain a customer if they remove the default. Speak to their department that deals with "If you are intending to leave O2 or are not satisfied with our service option" and tell them that the default notice is now totally unnecessary (as the money is paid back) and why are they insisting on it being kept there, when they are now happy to retain you as a customer?

 

Seems a bit odd to me.

[wicket]

Thanks for the advice. I'm very certain I did not receive a default notice from O2. I basically hit financial troubles last year, got behind with payments and made arrangements with them. Because I couldn't pay off in a 3 month period they handed over to those lovely people at Moorcroft and it took me a few more months to clear once O2 added a termination charge.

 

My credit history continued to show the reducing balance as I paid month by month but history showed late payments which I expected. It was only at the end whilst I questioned the last amounts outstanding that the status changed to 8 (default) on Experian.

 

I've discussed accounts with O2 today and they were quite happy to reinstate accounts (as if it was common practice) - I'm as confused as you - I'll keep an eye on the status over the coming months to see if it changes. If not I will proceed as you suggest.

 

I must admit - I was feeling quite depressed before reading these threads as although we've had problems in the past were now on top of our finances. However, past problems seemed to me would hold me back from getting on with our lives. My main desire to clean up my record is to a) get cheaper (competitive) products to reduce my debts further and b) get a decent bank account (don't care about overdraft but do want to be treated like a proper customer) Weve been on a cardcash account for ages and feel like a second class citizen with Halifax despite not being/going overdrawn for 6 years!

 

I think I'll give the unpaid account a try - got nothing to lose after all.

 

Thanks for your advise in these threads - really excellent and very encouraging.

 

Is that light at the end of the tunnel??

 

[wicket]

Ok

 

I've gone the whole hog now and issued letters to Capital Bank - as you say contract terminated although paying by an arrangement - therefore all conditions of the contract are revoked. I'll keep this thread up to date on developments:o

 

ALso issued a notice to O2 - even though account is re-activated (although still waiting for it to get connected) I want to make sure default is removed so starting action now. I'll make a new thread for that one in due course as it develops.

 

Wow...in just a week I feel like I've started legals on eveyone!! A feel a warm glow inside:D

[wicket]

Update:

Letter delivered 14/9/06 and had an acknowledgement today - 16/9/06.

 

Letter is from Maureen Walters, Corporate Regulatory Risk, Ground floor North, Charterhall house, City Road, Chester CH88 3AN if that helps anyone else.

 

Fingers still crossed

[wicket]

Following on from my original thread:

http://www.consumeractiongroup.co.uk/forum/legalities/29451-default-removal-debt-not.html

 

I've issued the letters to O2 on 12 Sept but not yet arrived as being re-directed. Sent recorded delivery. I assume the clock doesn't start running until they receive it.

 

I'm not 100% sure how this one will turn out as the account is re-activated. I'm hoping the default will dissappear and normal monthly status will resume. Either that or another entry will appear for O2 for the rejuvinated account. I'll keep checking my credit files.

[Tinkerbelle]

Threads merged. No need to start a new one.

[wicket]

Ok, sorry! I thought as original thread was about two different organisations and different approaches that it would be better to keep seperate - I'll keep everything in my original

[debt_mountain]

My mortgage went to the status 8 and although I was making my monthly payments for the last 15 months on time it just sits with the status 8. I challenged the lender but they said "tough".

 

I am now out of my fixed rate and about to sign the papers on a lower rate mortgage and immediately after thet I will be going after my charges and pushing for the default to be removed.

[wicket]

Been digging around and thought I'd refer to the terms and conditions on the O2 website. This is their bit on disclosure:

 

Disclosure of your Information

We may disclose your information to other companies in the O2 Group of companies, including their respective partners, agents and sub contractors, for any of the above purposes. In addition, we may disclose your information as may be required by law, regulation or legal proceedings.

 

As far as I can see no mention of a disclosure to a CRA.

 

Prinitng it off now as evidence before they change it!

[Tinkerbelle]

Been digging around and thought I'd refer to the terms and conditions on the O2 website. This is their bit on disclosure:

 

 

 

As far as I can see no mention of a disclosure to a CRA.

 

Prinitng it off now as evidence before they change it!

 

LOL...

[wicket]

Had a response from O2 - more a holding letter more than anything.

 

It asks for me to send them copies of the credit files so they can investigate further - really makes me mad this tactic - do they not know what they send the CRAs in the first place!

 

Anyway - going to send them this letter - any suitable comments appreciated!

 

Re: Formal notice to desist from processing or disclosing personal subject data

Thank you for your recent letter. I am surprised you need a copy of the report from the credit reference agencies considering you are the organisation supplying them with the data - are you not aware of the information you are sending them?

However, so that this matter can be resolved I attach copies of the reports from Equifax and Experian. Other account data has been censored. Equifax holds details of 4 entries for O2, Experian 2 entries.

Please forward, as a matter of urgency the agreement in which I explicitly gave you consent to exchange my information with the credit reference agencies concerned. Without my consent, as you are aware, you are in breach of the Data Protection Act 1998 in divulging my information to a third party where they have no specific interest.

In addition please forward, as a matter of urgency a true copy of the default notice that was issued to me. I confirm I have not received a default notice. As you know for a default to occur a notice must be issued confirming what action must be taken to rectify the contract and state the arrears at the time. No such notice has been issued. I contend the accounts are NOT in default. I agree that an amount was outstanding which was being paid through an arrangement with your agent Moorcroft. The final amount of £30 was in dispute but has since been agreed and paid.

As far as I am aware, through normal contract law, a default on a contract effectively cancels the contract. Interestingly I have now had these telephones re-connected and am receiving full service. I can only assume therefore that the contract remains in existence. Either, the contract exists and there is no default or it does not and you contend there is a default. Please confirm your understanding.

The situation as I see it is this:

1. There is no default, the default markers on my credit history must be removed with immediate effect. A mere amendment or correction, including a satisfied marking is not sufficient
   
2. I have not given you permission to share my data with the credit reference agencies. Sharing of my data with third parties must stop immediately. You already have the statutory notice issued in my earlier letter. You now have 16 days to comply with that notice which will be followed by enforcement action through the courts

I trust we can resolve this matter, especially if I am to remain an O2 customer

[Tinkerbelle]

Yes it is rather frustrating. I have asked O2 to remove information relating to a closed account (non-defaulted). I have no info relating to this account except for what I think may be the old mobile number. They have written back to me twice now telling me they cannot trace anything. I told them pretty much what you have, that they saw fit to update CRA's so they must know what it is or where it is. Even after having sent them a copy of the relvant section form the Credit Report, they still claimed they could find no trace of an account.

 

Anyway, I have submitted a S.A.R to them. If that comes back with nothing, i'll be issuing court papers.

 

If it comes back with anything like a ref number, then I'll use that and file court papers.

 

Either way they're going to get a summons, if they don't shift it

 

Your letter looks fine to me.

[wicket]

Thanks Tink - I'll hopefully get in the post tonight.

 

Having read most of the ongoing threads it just beggars belief what these big corporations are trying to get away with. If I hadn't come across this site (via Best credit cards, cheap mortgages, personal loans, savings accounts, house & car insurance - The Motley Fool UK) I would be none the wiser and resigned to a life of a bad credit rating.

 

The game is at foot (or whatever sherlock said!)

[wicket]

Whilst thinking about it....

 

With Capital Bank - I'm contending the default but still have an outstanding balance which I'm paying off. If, they contend the contract is in default and therefore by definition cancelled can they continue to charge monthly interest on the outstanding balance??

 

Was thinking of throwing this into the argument - if they don't remove default they can't charge interest etc and I only pay back the capital.

 

Whilst I'd rather not pay interest i'd rather pay it and get the default removed - if you see what I mean.

 

What do you think on this argument?

[debt_mountain]

if o2 have no recollection of what the CRA info is relating to then surly lodging a a request to the CRA should cause them to contact o2 who in turn should say they have no idea why it is there and tell the CRA to remove it?

[wicket]

Ok - letter done and in the post (recorded delivery) - fingers crossed - although not expecting positive response but you never know

 

Been following Dayglo's and Surlybonds threads - good luck guys

[buzby]

Ok - letter done and in the post (recorded delivery) - fingers crossed - although not expecting positive response but you never know

 

I've only come into this a bit late - however I have a dispute with Capital Bank and wrote to btem by Recorded Delivery in June requesting details of any and all charges levied on my HP account going back to its inception. I received no reply whatsoever. Checking, I see that my letter was sent to their original address in City Road (they never told me they were moving). They're communications skills at the best of times were bad, so it came as no surprise to see you in a similar situation. I'm just wondering whether my original RD complaint has been ignored because oif the address change, and if I can reactivate it.

[wicket]

okonski

 

I did get an acknowledgment from

Maureen Walters, Corporate Regulatory Risk, Ground floor North, Charterhall house, City Road, Chester CH88 3AN if that helps anyone else.

 

Hope this helps

[buzby]

Interesting - yet another address, and BACK in City Road! I re-sent the SAR along with a Letter Before Action to 'new' Handbridge address, so we'll see what happens!

[wicket]

Whilst thinking about it....

 

With Capital Bank - I'm contending the default but still have an outstanding balance which I'm paying off. If, they contend the contract is in default and therefore by definition cancelled can they continue to charge monthly interest on the outstanding balance??

 

Was thinking of throwing this into the argument - if they don't remove default they can't charge interest etc and I only pay back the capital.

 

Whilst I'd rather not pay interest i'd rather pay it and get the default removed - if you see what I mean.

 

What do you think on this argument?

 

Does anyone (anyone out there?) have a thought on this?

 

And on a similar theme - On an account with an amount outstanding - within a default notice it should state what you have to do to rectify the account - if that is done surely the default no longer exists?

 

Also, fingers crossed may have negotiated my O2 removals - but not counting chickens yet

[pford]

have a read of this might give you some more info Matters arising during the lifetime of an agreement