@o2 O2 credit default without any documents recieved

[dyir]

So quick background. I took out an O2 mobile contract in Dec 2008 for 18 months. I paid up every month until the end. At the end i changed to a 1 year sim only contract with O2. I had moved house and o2 rep updated my address details etc for the new contract. I paid this every month etc until Aug 2011 when i cancelled the DD and got a new contract phone.

 

Fast forward to last week and I applied for a mortgage and it was refused. This confused me as i had always paid my debts, had a good income plus a decent deposit. I got a free equifax credit report and discovered that I had a default from the o2 1 year contract for £14.

 

I called o2 this morning and apparently this had been handed over to a debt collection agency. Apparently all correspondence had been sent to my old address and not the new address. I did some research and found that this could possibly give me some leverage with getting the default removed, is that right? I am on the electoral role for the past 2.5years so the debt collection agency could have found me but i guess £14 isnt worth it.

 

Should i call the debt collection agency tomorrow and pay the £14? The O2 rep said that they might only give a satisfactory payment on my credit report, i know that this is not very good. How can i get a full removal? I have written a business letter to o2 legal people but wanted to check whether i was going the right way. What methods are available to me because i might need to move home soon and a credit check is almost certainly going to be performed....

 

Really annoyed that my life could be hobbled by a £14 debt i didnt even know about.

[O2SocialMediaTeam]

Hello,

 

So we can help look into this issue for you, can you drop us an email with your details to webteam @ o2 . com including the mobile number in question and your full name and we'll get back to you ASAP.

 

Thanks

 

Brad

 

O2 Social Media Team

[dyir]

Hi Brad, thank you for the reply. I have sent an email to address applied with the subject FTO Brad, consumer action group. Hoping that we can solve this small issue quickly.

 

[maroondevo52]

Hello,

 

So we can help look into this issue for you, can you drop us an email with your details to webteam @ o2 . com including the mobile number in question and your full name and we'll get back to you ASAP.

 

Thanks

 

Brad

 

O2 Social Media Team

 

Hi Brad, I have sent you a private message.

 

dyir, I have unapproved your duplicate thread, if you don't get the help your looking for in this Forum I shall move this thread to a Forum more suited to your problem.

 

Regards,

 

Scott.

[dyir]

Hi, could you move my thread to a more appropriate forum please. Hopefully i can get some advice on how to fight this problem.

[BRIGADIER2JCS]

Hello dyir,

Maroondeo52 has asked me to take a look at your thread.

 

Placing a default and passing the debt to a DCA is unreasonable and needs to be the subject of a formal complaint to O2.

I suggest the following to be sent by recorded delivery.

 

The Data Controller

O2

 

Ref: Mobile Account No. xxxxxxxxx

 

Sir/Madam,

 

FORMAL COMPLAINT.

 

I have recently checked my credit reference files held by xxxxxxxx Credit Reference Agency and found a default has been place on this account, the default sum being £14.00.

 

This is I find rather disturbing as all correspondence from 02 has been sent to my previous address although I have informed 02 of my current address and have been easily traceable as I am on the electoral register for two and half years.

 

To place a default on an account for the sum of £14.00 and then to pass the matter to a 3rd party is grossly unfair and unreasonable and has resulted in my being declined for mortgage finance for which I hold 02 totally responsible and expect 02 to seriously consider making substantial redress for its mismanagement of this matter.

 

I now require that 02 removes all adverse data from all credit reference agency files to which it has reported and to withdraw this matter from the 3rd party debt collection agency immediately.

 

As a gesture of goodwill I am enclosing the sum of £14.00 that has mysteriously appeared on a ''closed'' account.

 

Should 02 dispute its mismanagement of this matter please be aware I reserve the right to initiate legal action without further reference to 02.

 

Recorded delivery is best.

[dyir]

Hi

 

Thank for the excellent reply to my thread. I have paid off the balance on Monday as a show of goodwill. I asked the DCA why they hadnt looked for and they felt that the £13.85 was not worth the hassle. I have now received a reply from Arrow saying the account is closed.

 

In the meantime i have been in sporadic contact with O2, takes them 2-3 days to reply to emails. If you would like i can forward the emails onto you for you to have a look? The TLDR version is that they say its my fault and i should be more responsible.

 

I will be posting that letter on Monday and see what happens. I will include the correspondence with the complaints team rep (very unhelpful) and a copy of my credit reports that show perfect records for many different credit/borrowing situations.

 

I have noticed that they have recorded my default to a very old address. The address is from 2006 and was not the address registered when i applied for the contract. I am hoping that might budge them a little more as well. So complicated.

[BRIGADIER2JCS]

Totally out of order, a complaint to the Information Commissioners Office is in order.

#

Yes please do so may be some mileage in the e-mails.

[dyir]

I am unable to send a pm to you. If you could drop me a mail at [EDIT] i can forward on the emails. Unless a mod can facilitate the movement of the mail through the site.

Edited April 27, 2013 by ims21

[BRIGADIER2JCS]

I'll ask!"!

[dyir]

Thank you

[ims21]

@dyir

 

Please PM me the reasons why these e-mails cannot be posted on the forum.

[dyir]

Thanks for the reply ims21, have sent a PM explaining reasons etc. I have redacted any personal information from the emails in the PM.

[dyir]

Totally out of order, a complaint to the Information Commissioners Office is in order.

#

Yes please do so may be some mileage in the e-mails.

 

I have posted the letter with the details added to O2. Hope this kicks them into action

 

Still awaiting Ims review of the emails i sent over to him.

[ims21]

Hi dyir

 

I have responded to you...please check your inbox.

 

It would appear that you do indeed have cause to make a complaint to their Head office if you have proof they failed to amend your details- perhaps by way of their communication logs, or indeed your own phone records.

 

I think perhaps he should also run it by the Information Commissioner, before considering legal action!

[dyir]

Thank you Ims for taking the time to review the emails i sent you.

 

Here are the comms between O2 and myself. The top is the first email i sent and the bottom the last email, which i am still waiting for a reply to.

 

 

Hi

 

Thanks for the reply to my consumer action group post. I've tried to include as much information as possible.

 

 

In December 2008 I took out a new contract for a HTC HD phone with O2. I paid the HTC contract + any extras every month without fail until the end of the contract in August 2010. At the end of the contract I phoned O2 customer services to migrate the contract to a sim only deal for 12months. This was arranged along with a change of address. I thought I had paid this contract out in full in August 2011.

 

Recently I applied for a mortgage and was turned out down. I could not understand why because I had a suitable deposit and income for the mortgage. I decided to check my credit file with Equifax tonight to see why I had been turned down, and there on my credit file is a default from O2 for £14. This was a complete shock to me as I had no idea that I had defaulted on any payments. Apparently the credit agreement was on my parents’ house which I had left in 2006. How this happened I do not because the phone and bills were delivered to my address of which was later changed to my current address. According to my credit report there was a payment of £14 due, this I never knew about. This was finally escalated to a full credit default in January 2012.

 

I never received any correspondence about the default warning from O2 or any other information about debt collection agencies. I am sure that you had my address because of when I had migrated from an 18month phone to sim only contract the operator checked my details and amended as necessary. I am eager to get this default notice removed from my credit file because it seriously effects my life.

 

I spoke to an O2 adviser today and they gave me the name and number of the credit collection agency ‘Arrow’ that you had handed my file over to. The debt collection agency have never contacted me, even though I am on the electoral roll at the above gloucester address. As soon as i can contact Arrow i will pay the debt off. Would it be possible to arrange for this default to be completely removed from my credit report and not a satisfactory settlement? If I had known there was a debt to be paid I would have paid it instantly. Currently this £14 debt is limiting my ability to move my life forwards.

 

Yours Sincerely

 

 

Date: Tue, 23 Apr 2013 14:49:05 +0100

 

 

Dear

 

I have been asked to contact you after your recent communication with our Social Media Team.

 

I’m very sorry to hear that adverse information has been recorded on your credit file in respect of an old account you had with us. I can appreciate the frustration this has caused you, especially as you are currently trying to obtain a mortgage.

 

I’ve checked and the information we provided to the credit agency is correct as the £13.84 balance was not paid. This was the final bill amount owed for the bill dated 5 September 2011. When the account was in arrears we sent SMS, emails and letters requesting payment to the billing address. We therefore cannot amend this information as it was an accurate payment history and we must provide the right details to the credit agencies. You can now pay this amount through Arrow by contacting them directly on +44 (0)800 130 0169.

 

Please contact me if you have any questions about this.

 

 

Kind Regard

 

Sent: 23 April 2013 16:26

 

 

 

Dear

 

Thank you for contacting me today. Yesterday i called Arrow and paid off the £13.80 debt that was owed.

 

My issue with this process is that the contact information was never updated by the O2 customer service rep when i changed the contract from a 18month phone contract to a 12month sim only contract. Due to this I never received a letter because the address was 12 months out of date, the email address was my University email address which had ceased to work in Decemeber 2010 and the SMS never received because I changed contract phone. I had only stopped the direct debit because I honestly thought that the contract was finished. If i had ever known there was an outstanding balance on the account I would have paid the account off in full instantly because my credit record matters a great deal to me.

 

As for updating the records held by the credit rating agencies I am aware that there is a certain amount of discretion that you hold. I have read a number of accounts on Moneysavingexpert about O2 helping out customers once the debt has been paid off in full if there were exonerating circumstances which I believe this case displays.

 

My life will be severely effected by an outstanding debt of £14, for the next 4.5 years I will not be able to obtain a mortgage or any sort of credit. Apart from this mark there is not a single blip on my record which includes significant loans and credit card payments. I can understand that sanctions must be taken against people that willfully run high debts but not for a £14 debt.

 

Please will look favourably on this case and assist me in getting the only mark on my credit record removes.

 

Regards

 

 

 

26/04/2013

Dear

 

Thanks for your reply and for paying the final balance on the account. Your credit file while now be updated and show that payment has been made and the balance satisfied.

 

If the address details were 12 months out of date it then we should have been provided with the up to date information so you would receive all notifications and relevant information from us. I appreciate that this may have been an oversight on your part, however I cannot amend any of the payment history as we sent different forms of communications to notify you that payment was due as we would for all customers and we must provide credit agencies with an accurate record.

 

Regards

 

 

 

26/04/2013

 

Dear

 

Thank you for updating the payment situation.

 

As you can see from the emails I have sent you previously the details were supposed to be updated by an O2 rep when i changed the contact in August 2010, obviously this a failure on the behalf of O2 team. It is not my fault that the rep did not update my address details correctly during the phone call where i agreed to a new contract with you. I have also explained why the details were not correct and how this meant that communications were not able to reach me. You can clearly see from my payment history to O2 that i never missed a single payment and that this was obviously a mistake on the part of all parties.

 

If the O2 rep had updated my details properly when issuing me a new contract then this problem would never have occurred. This means that incorrect information was supplied to the credit agency when you updated my file. This I suspect will be in breach of some area of contract/credit law which I will explore with a suitable solicitor if you are unable to help me solve this in a easy manner.

 

Regards

 

 

 

26/04/2013

Dear

I have just taken a closer look at my equifax credit report regarding the credit default. The default has been applied to *******. This is an incorrect address and would be considered an inaccurate entry onto my credit report. Could you please confirm the address that O2 have applied the default to because if it is the the ******address then this is inaccurate and would need to be removed from the report.

 

Regards

[dyir]

Hi all,

 

I have received 2 communications from O2 in relation to the letters i have sent. I have posted below. Does anyone have any advice on how to proceed?

 

Letter 1

 

Thanks for writing to our legal department regarding your credit file.

 

I’m sort you didn’t know about the default. It’s understandable you’re concerned.

 

Your service was disconnected in August 2011 for non-payment of your July 2011 bill. As well as us emailing and texting you about this, letters reminding you about the overdue payment were sent on 29 july and 2 august 2011. We also wrote to you on 10 and 17 August warning you that your service may be disconnected.

 

I’m sorry but we don’t have a record of you changing your address. As this was an online tariff however your bills were available to view online. And we sent texts to let you know when they’d been produced. You didn’t receive paper copies.

 

The account email was still active after disconnection. Section 2.11 of your terms and conditions advices ‘If you use our eCare service via O2.co.uk it is a condition of this agreement that you provide us with a current email address for billing purposes and that you maintain this address and advice us promptly of any changes to it. It is your responsibility to verify that your mailbox is working properly and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence’.

Your final bill for £13.84 was produced on 5 September 2011. That was passes to Buchanan, Clark & Wells on 28 September 2011 and was taken over by Arrow Global on 9 May 2012. Both companies will have tried to contact you about this.

 

I appreciate you must be worried as this may have an effect on credit application but I’m unable to ask Arrow Global to remove the default. If you don’t feel the information on your credit file is correct, you may wish to contact the credit reference agencies and ask them to add a ‘Notice of Correction’. This will allow you to explain any mitigating circumstances which have led to this, which lenders can view when making decisions on lending. I hope this is helpful and explains things but if you’ve any questions please get in touch.

 

Letter 2

 

Thank you for contacting us.

 

As Paul is out of the office I’m replying to you on his behalf.

 

I’ve looked into your account and can confirm the details we passed to the collection agency were correct. The address we forwarded on was the address that was always on your account and this address never changed. We also don’t have any records the address was requested to be changed.

 

The address we had for you was your( Edit) address and this is the information we passed on. If the collection agency was unable to locate you at this address they may have performed searches in order to locate you. If they were satisfied they had located you at a different address they may have logged the adverse information based on this.

 

As we passed your debt onto a collection agency, it wasn’t O2 who applied the loading on your credit file. Therefore you’ll need to contact the collection agency you’ve been dealing with to dispute any inaccuracies. It should show on your credit file which organisation has loaded the adverse information.

 

I hope I’ve explained things clearly for you today. If you have any questions please get in touch.

Edited May 10, 2013 by maroondevo52
Removed address.

[dyir]

Hi Brigadier,

 

Thanks for your help in the past, I was wondering if you had any further advice on how i can follow up the O2 messages?

[BRIGADIER2JCS]

Hi I will read through all the posts and see what I can come up with.

[dyir]

Thank you, i am a little stuck as to next stage.

[dyir]

Hi Brigadier, sorry to disturb you but have you had a chance to think about the next stage?

[BRIGADIER2JCS]

I'm reading thru now.

[BRIGADIER2JCS]

Formal Complaint

The Data Controller O2

 

Ref: use theirs.

 

Sir / Madam,

 

I refer to on going correspondence regarding the unfair and unreasonable default placed by O2 on my account No. xxxxxxxxx and reported om my credit reference files and causing great stress, anxiety and inconvenience to me.

 

I am attaching here with copies of all correspondence, e-mails etc. relating to this matter.

 

It is my opinion that this whole scenario has been caused by the total incompetence of O2 in failing to record a new address it was informed of on xx xx xxxx, and thereafter sending mail not even to the last registered address but to a very much earlier one.

 

It is difficult to judge if this action is incompetence, simple carelessness or possibly vexatious with someone attempting to cover up mistakes.

 

This default is unfair and unreasonable the outstanding amount of £13.xx was paid as soon as I was aware of the situation, but O2 has been intransigent in it attitude and extremely unhelpful.

 

I would suggest O2 reviews this case rapidly and corrects the credit reference files with immediate effect because had O2 acted on information supplied by me this default would not have occurred.

 

I shall if necessary seek financial redress from O2 for the damage the defamatory entries have caused to my credit profile and the most serious effect it has had on my ability to obtain a mortgage all for a sum of £13.

 

I WILL be preparing reports for the relevant regulators in regards to the conduct of O2 in this matter.

 

send RD check when received.

[dyir]

Excellent, thank you very much brigadier

[BRIGADIER2JCS]

Excellent, thank you very much brigadier

 

Your welcome, keep us up to date please.