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O2 Online---NO CREDIT CONTRACT


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This is what I replied to the CRA;

Thank you for your response.

 

I do not agree with your outcome on this matter and stress that this matter is not resolved and this dispute remain open and not closed. O2 are unable to substantiate that an agreement ever existed therefore how can you comment that your clients information is current and correct, if you have seen evidence of this agreement then please forward this onto me.

 

I will not accept a mere "notice of dispute" on the file and require the information removed as soon as possible as the incorrect data is damaging to my character.

 

Failure to do so will result in a formal complaint with the Information Commssioner for a breech of the Data Protection Act where you are continuing to process information which is incorrect and damaging to me.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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  • 5 weeks later...

CRA denied responsibility on removing the information on my file as it is their duty to do what their client says. I've submitted SAR to O2 they now have 17 days left to comply, request was signed for and £10 sent in same letter. Now yesterday i've had a letter from O2 to fill in their SAR form and at the bottom it clearly says "I confirm I am the account holder/owner" well thats what I am contesting really. So do I ignore it and await their response to my original SAR or do you think they are expecting me to complete the form putting on the same information again. They have my request so why can't they just be easy. grrrrrr! :mad:

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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If you've given them enough information to identify you - name, address, account numbers, etc - and sent the £10 S.A.R - (Subject Access Request) fee, they can't "stall" the 40-days by asking for more information.

 

I wouldn't ignore what they've sent, but reply to them telling them what you're concerns are and why you feel you don't want to sign what they've sent to you - you don't want to sign it to confirm you were the account holder, as that is the issue at hand and you don't feel you can commit to confirming that without the SAR information, etc.

 

As long as you've done all this, stick to your deadlines - not theirs!

 

If they can't substantiate, you need to complain to the ICO about o2 and the CRA - o2 is processing your data incorrectly and the CRA is "allowing" them to do so, despite you disputing it with them directly.

 

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I will write back to them today recorded of course telling them the SAR has already been made and signed for and telling them when the deadline is. Failure to meet this deadline will result in a complaint with ICO. Many Thanks.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Agreed - your request takes precedence, their subsequent form is nothing, however just in case it stalls the process, writing in big letters across the front, SAR submitted XX/XX/XX along with full payment. You have until XX/XX/XX to comply.

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Still nothing back from SAR or my further letter to them. Reminder letter sent today reminding them they have until 7th August to comply. I do have a feeling they won't comply so I will get ready to complain to the ICO.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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The 40 days rule, as far as I've been able to discover, has never been an issue for prosecution on its own, invariably the ICO has bigger fish to fry, so before you contact them, leave it another 14 days or so to be sure they're not doing anything, then write (again to O2) stating they are in breach and you'll be making a formal complaint to ICO. It often concentrates their mind!

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CRA denied responsibility on removing the information on my file as it is their duty to do what their client says. I've submitted S.A.R - (Subject Access Request) to O2 they now have 17 days left to comply, request was signed for and £10 sent in same letter. Now yesterday i've had a letter from O2 to fill in their SAR form and at the bottom it clearly says "I confirm I am the account holder/owner" well thats what I am contesting really. So do I ignore it and await their response to my original SAR or do you think they are expecting me to complete the form putting on the same information again. They have my request so why can't they just be easy. grrrrrr! :mad:

 

This is really quite normal for O2 to do... its not really done as a way to trick you (i used to work for them you see) but I do appreciate your concerns. What i would do, so as to cover your bases is to retype the form and sign it but change "account holder" to "subject of the data in question" that way they can't say that you didn't provide them with the information they needed.

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  • 2 weeks later...

S.A.R - (Subject Access Request) recieved, however its not all of it and there is about a year or so missing but they do say more on the way. So far i've found the note when I settled account

"Subject: one off payment LOTS OF NOTES - PLEASE READ

orfoster called to pay the final amount owing on his account - advised amount owing from £598.48 is £19.73 he has sent a cheque for £6.71 which is yet to show on system, so amount owing is now £13.02. took card payment for this amount and advised that once cheque has cleared I will contact Geneva (O2 System) and get invoice created for zero balance, when invoice created I will email insights and get any defaults removed from his name/account, customer has also requested that insights write to him to confirm that defaults removed, will request this on e-mail "

Now to me this should be enough to show that we had an agreement that the default would be removed upon settlement?? Should I ask for a transcript of the call(s) that I made that day to them??

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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You could ask - but I'd contend the diary entry is good enough. The only caveat is if the cheque was not processed. Ask whether a Zero invoice was created, and then follow through with the notes as it is quite likely they were not acted upon.

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Hi Buzby,

 

Thanks for your response. The zero balance wasnt sorted for months, as I could see this on my credit file, I contacted them on many occasions and they then told me that the invoice was created and now showed as zero balance as shown in my notes I have here.

 

There are also notes where I called up chasing that default would be removed where advisors noted they e-mailed 'insights' to ask for removal of default. The cheque was also processed the next day after I called in as can see this on payment history.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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So I think i'll write back with a copy of the diary entry stating they still haven't complied with what was agreed when settlement was made and to ask they comply as soon as possible.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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If it is now showing (so that won't be a further cause for them to dispute your claim), I think you should simply call on them to keep their side of the agreement, failing this you'll raise an action compelling them to do so after the expiry of 28 days. Send it by Recorded Delivrey. It might just focus their minds on resolving it! (And doesn't commit you either)

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I would phone them and quote the date of the note - they can check this and they will sort it - from past experience this just sounds lke and advisor was supposed to go back into an account and follow up but hasnt... if you dont get anywhere with a phone call then by all means send the letter... you'll get a faster response by phone though: 0845 600 3009

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letter sent recorded delivery todays

 

I am now in receipt of your subject access request.

 

I have enclosed a copy of a diary entry made on your system on 4th April 2007 at 15:15 that states when an invoice has been raised and the account shows a zero balance that the ‘default’ placed on my credit file would be removed. As I can see this is what the diary entry indicates I would call on you to keep your side of the agreement.

 

It clearly states in the entry when the invoice is created “I will e-mail insights and get any defaults removed from his name/account”

 

If you fail to comply with the request I will raise an action compelling you to do so after the expiry of 28 days.

 

If you have any questions then please don’t hesitate to get back to me at the address listed above.

 

Yours Faithfully

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Looks good. Whilst you CAN phone them (as suggested by G38DF), and the parallel approch might be worth considering - it won't do any harm - you'll still have a verifiable paper trail should you need to pursue formal action later.

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  • 2 weeks later...

I gave O2 a call and spoke to someone asking him to check the note on file, he said he would take to his supervisor. He then came back and said I need to talk to Katherine Bingham who is the person i've been dealing with all along who has just been sending template letters back.

 

I said to him I don't see why I need to talk to her as its a simply matter of just sticking to what was agreed so I held to talk to her - not in. I have called four times since the 16th August but no answer. The letter has been delivered but no reply yet.

 

Just so I get ready what is it I will need to do next. It will be the small claims court I know but I dont exactly know the proceedures I will need to follow as I know it will be different to bank charges. The annoying thing is im not any better off now than when the debt was written off. I only agreed to pay the debt back if the 'default' was removed and that hasn't been the case so in affect if they won't remove the default I ought to ask for my money back and leave the debt written off??

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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The problem is in the misunderstanding of the 'removal' of the debt. Strictly speaking, if the debt changes from outstanding to satisfied, the default has been removed from your file. I agree, you intention was for it to disappear, but the only way you can force this is if there was an error in their stating you were in default, and this doesn't appear to be the issue here. Still, should something similar happen, you'll know a bit more and be able to play them at their own game, in seeking a removal of the default record, not just the default itself.

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  • 1 month later...

Any update on this one yet, orfoster?

 

I'm just re-reading through this thread again, as I'm in a similar position with O2 - account defaulted with CRA's. I've tried to negotiate early settlement conditional on default removal, not marking it as satisfied, on several occasions and they've totally ignored all my correspondance.

 

Looking at their latest terms and conditions, they don't even have a clause to disclose information to the credit reference agencies? Links are available here;

 

O2 Privacy policy - Terms & Conditions - O2

 

and here;

 

Your airtime contract - Terms & Conditions - O2

 

Given this, would the Surleybonds s.10/s.12 Data Protection Act letters work?:

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

 

If this would work, we'd need to be prepared to go all the way to Court, due to a spineless regulator, for the reasons discussed here;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/111211-defaults-background-removal-methods.html#post1086715

 

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  • 1 month later...

if an 'agreement' is not covered by cca, therefore a company cannot default you under the cca.

i have just got ntl/virgin removed from my credit file because it isnt covered under a cca, therefore they cannot default notice you on your credit file.

email from me,

 

Certainly the default should be overturned as they have submitted a default notice under the CCA for an alleged agreement that is not regulated by said act, therefore i require immediate removal of this default

email from equifax.

Virgin Media (Ex NTL: Telewest)

I acknowledge your comments regarding the above account and would advise that upon reviewing the information in question, I have now loaded a Notice of Disassociation to our records to remove the above account from your Credit Report and can therefore confirm that this account no longer appears on your file.

 

To confirm the above change, I have now arranged for an updated copy of your Credit Report to be forwarded to you at your current address. This should be received under seperate cover in the coming days.

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Interesting groovychickmum, as they don't need to have a CCA agreement to Default you - only if the agreement is regulated under the CCA is that the case, which doesn't apply here as is an agreement to provide a "service" rather than credit.

 

Can you post more info, or link to a thread, showing what you did to get this result?

 

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all i did was went down the 'they havent had my permission to use data' route,and basically got nowhere. so, i wrote back to cra to state that virgin/ntl had submitted a default ntice under the CCA though it is not infact regulated by the act.equifax wrote back stated (as above) basically i am correct.

if a company hides behind'we do not have to send cca because we are not regulated by the act.therefore they cannot use a default notice against you,because a default notice is for use if a credit agreement 'regulated' by the act has been defaulted.

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if an 'agreement' is not covered by cca, therefore a company cannot default you under the cca.

i have just got ntl/virgin removed from my credit file because it isnt covered under a cca, therefore they cannot default notice you on your credit file.

 

Sorry - this is complete and utter nonsense at best, and a total misunderstanding of 'defaults' as registered by CRAs. Of the information you have posted, it refers to linked transactions on your credit file which in itself has noting to do with VM, that is the responsibility of the CRA.

 

Moving on to your assertion that the only Defaults that can be shown on a credit reference file are those regulated under the CCA, this is true as far as it goes, but you miss the subtlety of a Default and a default. (Notice the lack of a capital letter). As part of the CCA process, you can be placed in default by the lender and issued a formal Notice, this will appear on your file as such.

 

However, for non CCA accounts - like VM, mobile phone companies and the rest, they show your ongoing payment record. It reveals how good you are at paying your debts on an ongoing basis using a numerical scale. Once you get to 8 - this is called a 'default' and is treated by those looking at your credit file is exactly the same way as a CCA Default.

 

Sorry if you thought there was some magic way to get VM defaults and others removed from credit files, but citing the CCA to a mobile phone company will have them laughing quite a lot, and your default will stay on your credit record for 6 years. Unless of course, the information they supplied was in error.

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