@o2 O2 Default Notice

[craigb1976]

HiNew to this forum but hoping someone could help me before i collapse from strees induced overload...

 

Up until April 2011 i had been an O2 customer for a number of years. My pay monthly account was settled in full each month by direct debit. This included a monthly payment for insurance on my mobile device.In April 2011, the iPhone i had at that time got accidently damaged and became inoperable.

I called O2 to make a claim under my insurance policy and was told that my policy had changed and that to secure a refurbished replacement i would need to make a £150 excess payment. I complained that i had not recieved notification of the change to my policy and felt the revised terms were a litle unfair considering the amount of payments previously made for insurance throughout the duration of my contract.

 

This situation wasnt resolved and so i decided to cancel my contract with O2 early and port to Vodafone. I spoke with a representative of O2's Executive Relations department who agreed to allow me to reduce my contract from the iPhone tarriff to a lower one so that the early terminations fees would be minimised. I accepted this and then requested a PAC code which arrived 2-days later.

 

There was a delay in me idenitfying an alternaive supplier and subsequently i needed to contact O2 customer services in May to secure a second PAC code. During this second dicussion i complained that the termination fees were, in my opinion, still excessive considering that i was effectively being forced to leave O2 due to their actions surrounding my iPhone insurance. Following a long debate they agreed to waive the termination fees provided that i made the final account payment (circa £3 if i recall correctly). I paid this amount through my established direct debit mandate with O2 following which i made a third and final call to O2 to check they had received the final payment and that i could now cancel the direct debit. They confirmed this was the case folloing which i duly cancelled the direct debit, moved supplier and have heard nothing further from O2 since.

 

As a prudent lender, i decided to check my credit file with Experien a fortnight ago ahead of some credit applications that me and my family need to make (mortgage, car etc). To my suprise i found a default from O2 for the amount of £83.

I contacted them immediately and they informed me this was for termination fees. I ran them through the previous discussions i had gheld with their various customer service teams and demanded that the defualt be removed immediately. After a number of weeks of emailing, faxing and writing to O2 Credit File Referrals and getting nowhere, i wrote direct to their CEO and have today received a response via telephone from Executive Relations.

They insist that they never agreed to wiave the termination fees and therefore the default is legitimate and refuse to remove it from my file. The £83 remains outstanding.O2 are claiming that certain conversations with their team (the parts that support their arguement) are on file but yet the parts i'm raising in support of my arguement dont exist.

 

They also claim that letters and emails regarding the default were sent to me (never received) and at the point of handing the default over to a debt collection agency, a further letter was sent to me but their records show this was sent to an old address.

I'm really at my wits end with this and dont know which route to take. I have seen similar topics on here regarding this so apologies if i'm covering old ground but it just seems so unfair. I was proposing to write a final letter to their CEO summarising the latest call with their team today but i'm not sure what my next step will be as i doubt i'll get any response.

 

Would greatly appreciate any assistance or guidance.Thanks

Edited March 21, 2012 by silverfox1961
did a little spacing

[locutus]

i'm not sure what my next step will be as i doubt i'll get any response.Would greatly appreciate any assistance or guidance.Thanks

Well, Incorrectly defaulting someone has got other companies into hot water. Have a read of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?302670-Vodafone-Incorrect-Default-*WON-out-of-court-settlement*

[craigb1976]

Thanks - do we know if O2 has a "Lee" who can assist? Having previously gone around in circles with O2, i'm keen to understand what my options are and the swiftest route to resolution. I don't think any more letters to teh CEO would help so what should my next step be? All suggestions welcome.

[my-spirit-soars-free]

I only got anywhere when I asked for the deadlock letter to take it to the ombudsman. They replied saying they could not provide me with the letter as it was not a matter the ombudsman would deal with, so I said, "fine, I'll wait till the 8 weeks are up and include this letter in the stuff I send up" - and they settled.

[locutus]

A very relevent post in that thread is this one

I'd try a maximum small claim along the damages without proof route. It's far too much of a ball ache to prove stuff that VF already know to be true.

 

It's quite easy to fill in the form and should cost less than £40. Let the court do it's job. It'll probably be quicker. VF have already removed the default so I suspect they'll not be too keen to force you into the higher courts.

 

I was maliciously defaulted preventing me from a family home to this day and beyond.

 

Good luck with getting compensation. I believe this is your easiest route. Just remember that the courts cannot replace the time you've used stressing over this.

 

Lee seems to have done an excellent job for you but VF's lawyers are a different breed.

 

Durkin.

 

Although the price of a maximum small claim (£5000) is higher than £40 the rest of the information remains the same. If you felt that was the route to take, you should folow pre-action protocol by writing giving them notice that legal action will commence in 7 days, and ask the site team to help you (click the "report post" triangle and an admin or site helper will pop in.)

[craigb1976]

A very relevent post in that thread is this one

 

 

Although the price of a maximum small claim (£5000) is higher than £40 the rest of the information remains the same. If you felt that was the route to take, you should folow pre-action protocol by writing giving them notice that legal action will commence in 7 days, and ask the site team to help you (click the "report post" triangle and an admin or site helper will pop in.)

 

Thanks - do you know if i can insist on getting the credit default removed entirely from my credit file as part of a small claims action against O2 or is purely a financial recovery mechanism?

[locutus]

I believe you would be able to ask for the information correcting on your credit file at the same time. You should give them plenty of chances to correct your information 1st.

[craigb1976]

I believe you would be able to ask for the information correcting on your credit file at the same time. You should give them plenty of chances to correct your information 1st.

 

Thanks again. I received a letter from O2 Executive Relations stating their final position and suggesting i take this matter outside of O2. My solicitors have drafted a responser to their Complaint Review Service outlining my case and O2's failings under the duty of care to customers

 

Dear SirsComplaint Against 02 Re Credit DefaultWe refer to your previous correspondence with xxxx, of which I enclose the undernoted documentation. In essence, xxxx has been advised that O2 has placed a credit default, against his credit record, after having issued debt notices through a Debt Collection Agency.Whilst O2 does not have obligations under the Consumer Credit Act 1974, they owe xxxx a contractual duty of care.

This duty has clearly been breached by O2. In the present case, O2 passed on xxxx previous address to a Debt Collection Agency. This ensured that all correspondence relating to the debt notice was sent to xxxx previous address.

O2 was clearly aware, however, that this was not xxxx address as they were concurrently able to send billing documentation to his current address. xxxx was, therefore, unable to pay the charge as he was completely unaware of it.

 

The Debt Collection Agency were advised to pursue the debt in June 2011 and the credit default was registered in November 2011. No attempt was made within this period to send correspondence to the correct address.

If xxxx was given the opportunity to do so, he would have satisfied the debt. However, due to O2’s inability to forward on his correct address to the Debt Collection Agency, xxxxwas unaware of and, thus, unable to settle the charge. Your letter dated 9 March 2012 also refers to email correspondence sent to xxxx in relation to the charges owed. However, xxxx maintains that this he has never received such emails from O2. xxxx further disputes the basis of the charge to which the debt notice relates to. He maintains that he was previously advised by O2 that the relevant charge was to be waived, and has contacted O2’s data team for information that will demonstrate this.

As such, xxxx had no reason to suspect that O2 would be contacting him with regards to a charge. However, xxxx has demonstrated a willingness to pay the charge in order to reach a resolution, in order to remove the credit default from his credit file. This has to be appreciated as a reasonable compromise by xxxx who, despite demonstrating loyalty as an O2 customer for many years, has been treated wrongfully.

This issue is impacting on xxxx ability to secure a mortgage and has caused him considerable anxiety and stress. O2 has offered to settle the credit default upon payment of the outstanding charge. However, this is clearly unacceptable as a settled credit default will still be visible to prospective lenders for up to 6 years. O2 has clearly erred in this instance. It is fundamental, when issuing a debt notice, that it is issued to the correct address. Although xxxx is willing to pay the debt, in order to bring this matter to an end, we would expect that O2 waive the charge as a gesture of goodwill and ensure that the credit default is removed from his credit record.I look forward to hearing from you in due course with confirmation of this

 

.I have also offered to settle the debt (£83) in return for removing the default completely from my file. Other than this, i'm not entirely sure what other options are open to me if this latest letter meets with the same level of rejection from O2? I'm keen to get things wrapped up with them one way or another rather than it dragging on for a further three months so would assume that small claims proceedings would be my next step (subject to the response i get from O2).