Telefonica O2 ignored my "prove it" letter. What should i do?

[cdj59]

Mobile phones are NOT credit (ie the sale of money) so the customer credit act does not apply to them.

 

It is against the OFT guidelines to try to collect on a disputed debt, but "guidelines" are not laws.

 

Have you tried Ronan Dunne yet h8?

With full respect and just to clarify what my point was earlier i e guidelines

 

I would have to just reply that i dont think you grasped the fact that if a debt company etc breach those guidelines they leave themself open to complaint and open to civil action even criminal action in regards to harrassment an so forth thats the point i setout to make as someone like you on here to help others and just to make it clear on your point above they cannot lawfully make any attempt to collect on a disputed debt nor should they make threats to force payment from anyone as to do so without informing them that before they can legally and lawfully make a demand for a payment they must first take their claim to court with evidence of validity to justify any action.. with respect and much hope that this argument will end here as it would be pointless to continue as ive stated in prior replys to you we will have to beg to differ and you can if you wish to make comment but this is the end as far as im concerned and just as a matter of respect to you,

ive never said that mobile phones providers / contracts are covered by the cca but as mentioned theres a debate goin on

that suggests otherwise and its the dca's like wescot and ico whoever they are that fuels that debate even more than you might expect and not least the bbc one show even suggests that a phone contract is a credit agreement so my own arguments with respect are based upon research not just my own guess work as you may have believed it to be so as ive said now thats the end of this debate as far as im concerned and while i'd be happy to debate it further with you at some point i'd prefer it not to interfere with this thread like ive said before and please dont say anything that suggests that im nonsensical or unable to grasp something as by doin so your tone is insulting and but for that i'd prefer not to be involved in hijacking this thread ..

 

http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/01/27/mobile-phones-can-seriously-af.html sorry h8

Edited August 18, 2011 by cdj59
adding link to the bbc one show

[cdj59]

http://www.consumeractiongroup.co.uk/forum/showthread.php?37319-Is-there-a-CCA-with-a-mobile-contract Found some interesting posts on this thread

[cdj59]

http://www.consumeractiongroup.co.uk/forum/showthread.php?37319-Is-there-a-CCA-with-a-mobile-contract Found some interesting posts on this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?219623 see this cheerful thread and take heart that dca's arent as powerful as they like to think they are GUESS youve figured out im

bored and thats why im still poking around here huh....

[h8_Halifax]

sorry to Lazarus this thread but it's done a Big Arnie ...

 

Quick summary of story so far:

 

O2 said i owed em money for a contract.

i said i knew nothing about it.

they were nice, at first, and said they would sort it out and i would hear no more about it then they said they needed a crime number and i would hear no more about it.

 

then i received a couple of letters from Wescott about the debt.

i told them the same ... not mine.

i made an official complaint and they went away.

 

10 jul 11

i wrote to O2 about them selling a disputed debt and received no reply.

 

31 jul 11

i emailed the O2 Complaint Review Service and told them they had ignored my letter and again asked them to send details of their complaints procedure

 

On 2 August 2011 11:35, Hoole Ben (UK) wrote:

Dear Mr h8,

Thank you for your reply.

I acknowledge that you’re unhappy that I’ve failed to provide information on our complaints procedures. I have however explained that we will not proceed until you’ve provided the information we’ve requested- a crime reference.

You’ve reached the highest point of escalation within O2. We’ve sent a number of emails explaining that we need a crime reference number.

Kind regards

Ben Hoole | Telefónica UK Limited

Customer Relations Executive

T 0845 3300684

 

=========================================================

 

On 2 August 2011 11:41, Hoole Ben (UK) wrote:

Dear Mr h8

Further to this email, please follow the link below for information on our complaints process.

Regards

Ben Hoole

 

=========================================================

although, the email contained no links ...

=========================================================

 

On 2 August 2011 12:16, h8 wrote:

fao:

Ben Hoole | Telefónica UK Limited

Customer Relations Executive

 

thanks for your prompt reply.

it is rather interesting that you refuse to do anything i ask, yet you expect me to get the police involved. frankly, i don't see why i should contact the police until you provide me with some sort of written evidence that i am involved in any way with this bill. for all i know, this might be a simple mistake ... or even a con.

maybe you have a signed contract; maybe a recorded telephone conversation; maybe cctv footage, whatever evidence you may have, please send it to me.

any further contact, without providing the evidence i have asked for, will be proof that you are intentionally harassing me and i will act accordingly.

h8

 

=========================================================

 

then nothing until a couple of weeks ago ...

1st a letter from Fredrickson Intl - i replied with "it's not mine".

a week later ...

2nd another letter from Fredrickson Intl - i replied with "it's not mine" & added a little about harrassment.

yesterday ...

a letter from Bryan Carter Solicitors LLP saying payment in full within 14 days or procedings then adding that i can still contact Fredrickson with payment proposals.

 

i know i started this post in a lighthearted manner but that was [censored]########[/censored]

(i know there isn't really a code for censored)

i can't see how i can resolve an issue with one parasite, only for another vermin to happily start again.

i can't see how i can go to the police with no facts.

i can't see how they can refuse to tell me why they think it's my debt.

if someone in Nigeria asks me for money it's a con. yet when these half-wits do exactly the same it seems to be completely legal.

most of all, i really can't see how anyone can refuse to let someone complain.

 

this really getting me down now, please help.

Edited February 2, 2012 by h8_Halifax
oops

[2Grumpy]

I can see your difficulty - shame O2 can't. I can't see that you have had a crime committed against you. Maybe someone used your name/address to get a mobile phone contract from O2, but as you say, you have no details (and most likely they will quote data protection & refuse to give you details) and in any event it could be their mistake. I think it is up to them to report anything to the police.

 

Have you checked your credit file to make sure that your credit file hasn't been updated by O2or their minions (and to check that no-one has taken out credit in your name). Experian offer a 30 day free internet access (but cancel within the month or you get charged)

 

I would be inclined to write as well as email to their head office address saying the above & giving them 14 days to prove that you really did have a contract with them or for them to admit that you did not and to cease all attempts to claim money from you and compensate you for the time taken in dealing with this, otherwise you will start proceedings against them in the county court. You might have to add a line about removing all of their updates from your credit file (and to compensate you for their libelous comments).

[2Grumpy]

You could always send a SAR to O2 - ask for all information they have from any accounts and see what you get

 

Might be a tenner well spent

 

The downside is that it takes 40 days

[Human Writes]

that david icke post includes a link to a site with some debt solutions which look really fun ...

 

Bit of a resurrection in reply to this comment.

 

You should consider some alternative views on Freeman of the Land and other associated rubbish.

 

http://ukhumanrightsblog.com/2011/11/15/freemen-of-the-dangerous-nonsense/

 

http://rationalwiki.org/wiki/Freeman_on_the_land

 

http://www.guardian.co.uk/commentisfree/2011/nov/18/freeman-land-strategy-bullet-debt

[h8_Halifax]

at the beginning of this thread i said:

i sent a "prove it" letter to westcott - no reply to that atm.

i also sent westcott a cca request with a £1 po.

 

and i received the reply:

to be perfectly honest, if I was Westcott I would have ignored your prove it as soon as I received the s78 request.... why would someone send £1 if they didnt think the debt was theres, hence negating the prove it letter

 

yet i have been recommend to:

You could always send a SAR to O2 - ask for all information they have from any accounts and see what you get

 

i guess i must be really stupid but i honestly can't see why if i was, apparently, admitting to the debt by sending the CCA request why is the SAR request not doing the exactly same?

 

 

p.s.

as i scrolled back though this thread to see when O2 last "appeared", i noticed this:

 

if you register a dispute with westcot theyre duty bound to investigate it or they breach the guidelines

 

i have written to O2 asking to make a complaint about this issue. i have contacted the O2 complaints Resolution people about this issue. I have even emailed their CEO about it. Bottom line? i have "reached the very highest level" and they insist on a crime reference number on they will continue to claim the debt.

 

>> question:

how come O2 are not "duty bound to investigate"?

are they not a party to the guidelines?

 

N.B.

i have checked my credit file using Experian. tbh, i don't know what i'm looking at but it "looks" fine to me.

my credit score is 863.

number of credit accounts 4:

two entries are for O2 (debt shown as £27) (i have a mobile plus homephone & broadband with them) plus a T-Mobile entry (debt shown as £40) - strangely all three of the above entries are for 15Jan12.

the forth entry is for the Co-op Bank who i've banked with for yrs yet thet recored a zero balance entry on 12Feb12.

4 searches in the previous 3 months & 6 in the last yr.

i have all green "blobs" (payments made and up to date) and zero status 1,2 & 3.

previous searches shows 2 by experian (on the same date), 4 by rbs (all within a few days of me taking out building & contents with them) plus one each from Saga and Royal & Sun Allianace who i also asked for quotes.

yes, i know that's 8 listed and i said "6 searches in the last yr" - i'm just telling you what it says.

over 22 yrs at same address.

all the other sections seem to be empty.

i don't mind posting this info here, just tell me what i should delete first.

[h8_Halifax]

addendum - un-related to original post:

 

some yrs ago (the 90's) i got into trouble with a couple of tsb credit cards. they were very quick to take me to court where i agreed to pay £27 & £17 pm, which i did for yrs. they also raised 2 ccj's. years later they wrote saying i was such a good customer, they were reverting me to normal credit card repayments plus full interest charges. as i couldn't afford the new payments, i contacted the CAB who negociated nominal repayments for me.

 

question(s):

why do the 2 ccj's not show on my credit file?

and what are the probably implications for me?

... please

[2Grumpy]

CCJs only stay on your credit file for 6 years, after that they drop off. Forget about them.

Did this actually go to court or did tsb just make an arrangement with you to accept reduced payments

If they did take you to court then what they did re interest is a no-no.

 

No info on there from O2 (other than your landline) is also good. It shows that they don't think that there are any late payments!!!!

 

As there are no credit cards/loans that you were unaware of & no searches that you weren't expecting, it doesn't sound as though there has been any fraudulent activity for anything else, so no reason to believe that there was fraudulent activity with O2. More likely it's O2's cockup

 

Ignore the noise about CCA etc - they are all irrelevant to a mobile phone contract.

 

You could contact the police (non-emergency no) & tell them that O2 have asked for a crime ref even though you believe that it is their mistake & not a fraud at all, but can you still have a number because they are demanding money for a mobile contract that you know nothing about. That way you are straight with the police & you get their crime ref

 

Don't phone or talk to the DCA or their tame solicitors. Do post if you get any more letters.

[h8_Halifax]

CCJs only stay on your credit file for 6 years, after that they drop off. Forget about them.

"only stay on credit file for 6 yrs" ... "drop off"..."forget about them" - as in i don't need to pay them?

 

Did this actually go to court or did tsb just make an arrangement with you to accept reduced payments

If they did take you to court then what they did re interest is a no-no.

it went to court. like a moron i agreed to pay the sums i mentioned - even though the Judge as much as told me i could pay less (yes, that did bite me later).

 

You could contact the police (non-emergency no) & tell them that O2 have asked for a crime ref even though you believe that it is their mistake & not a fraud at all, but can you still have a number because they are demanding money for a mobile contract that you know nothing about. That way you are straight with the police & you get their crime ref

frankly, i don't fancy "helping" O2 in the slightest way (in particular because of below). tbh, the way i feel i would much rather be a classic 60's sit-down protester.

actually, i would love to contact the police and tell them that i am receiving a new type of "419" [problem] plus add all the details to the various 419 sites.

 

Don't phone or talk to the DCA or their tame solicitors.

what really upsets me is i explained everything to O2 yet they sent the debt to the first DCA. presumably they sent it back to O2 when i explained and complained.

O2 again ignore everything that's gone before and send the debt to a second DCA. so i go through the entire CCA / complaint procedure again. now it looks like they might have gone away so i guess that O2 will simply send the debt to the next vulture on their list.

given that there are an inifinte number of vermin in the world, this could go on forever.

 

Do post if you get any more letters.

i certainly will, thanks.