O2 Online---NO CREDIT CONTRACT

[orfoster]

Hi All,

 

I applied to O2 for a copy of my original contract about 9 days ago now under the Consumer Credit Act, I know that mobile phone contracts aren't bound by the Consumer Credit Act but thought i would try anyway.

 

I got a call from a lady today from O2 telling me that they don't have any copy of any contract for me as i applied online and i clicked on the terms and conditions before i continued??? What are peoples views on this?

 

They told me they hold no evidence or anything with my signature on it.

[timwils]

According to the trading standards infoi got , it appears that telecommunications are exempt, however i have asked trading standrds to show me where abouts on the cca 1974, the exemption is mentioned, i am going to go to court anyway as i beleive my t-mobile account is unsubstantiated.

[barracad]

Why do you want a copy of your O2 contract? What is your query? Is there not some other info they could provide in relation to your query?

 

 

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[orfoster]

Well, what im trying to do is get hold of my contract with them. What has happened is, i moved house few months ago, wrote to them filling in their little forms and sending it in but didn't realise there was still £90 bill to pay. They didn't change my address and don't show my address as changed. They have however put a default on my credit file which i have just seen on Equifax and obviously been saying late in paying since March this year.

 

Have found all this out by seeing credit report but have had no letters at all from them!! They didn't send me default and i want to know why they put this on the credit reference agencies as doesn't this apply to credit not mobile phones as mobile companies aren't bound by CCA???

 

I obviously want this removed, if i offer them a full settlement of the money i owe do you think they will do this as its their error for not correcting things and sending me the default. It was the end of my contract thats why i didn't think anything was owed.

[buzby]

The trouble is, your credit report is a generic term, it does not only list credit agreements but absolutely everything you've signed up for that you gave permission to disclose. I agree these so called late payment 'defaults' are exceedingly unfair, but that's the system that's evolved and we're stuck with it. As to the mobile contract, these things are at best transient, by that I mean they constantly evolve, and the customer usually has agreed to let them update it at intervals, which means that all the customers are covered by the SAME terms of service, and the most recent one - which will be on their site (somewhere) is what you'll be bound by, so getting them to send you a copy wouldn't achieve much.

[gizmo111]

Well, what im trying to do is get hold of my contract with them. What has happened is, i moved house few months ago, wrote to them filling in their little forms and sending it in but didn't realise there was still £90 bill to pay. They didn't change my address and don't show my address as changed. They have however put a default on my credit file which i have just seen on Equifax and obviously been saying late in paying since March this year.

 

Have found all this out by seeing credit report but have had no letters at all from them!! They didn't send me default and i want to know why they put this on the credit reference agencies as doesn't this apply to credit not mobile phones as mobile companies aren't bound by CCA???

 

I obviously want this removed, if i offer them a full settlement of the money i owe do you think they will do this as its their error for not correcting things and sending me the default. It was the end of my contract thats why i didn't think anything was owed.

 

If it's any help I know someone insimilar situation with o2 who wrote and paid what she had forgot and they removed default in about 7 days.

[bengal66uk]

It is PRIORITY that you contact the credit reference agencies and ask them to contact o2 on your behalf.

i am currently in dispute with o2 because they failed to take the direct debits from my account over several months. they have now put defaults on my credit files and are sending letters from a collection agency. incidently they own the collection agency too.

the credit reference agencies will put o2's comments in dispute and request anyone doing a credit reference check on you to disregard o2's comments until they have responded to the agency.

In the mean time you will have time to sort out your dispute.

[buzby]

Er, not quite. you don't negotiate with the monkey - just the organ grinder. There's little merit in you contacting a third party requesting then to contact the first party 'on your behalf'. All you do is send a brief note to the Collection Agency (even if it is a 'fake' one, belonging to the creditor) to say the account is under dispute and to refer the matter back to the originating company.

 

As to your faith in what is a 'Notice of Correction', again this is not seen by firms running an automated check, it is only viewed when (usually on appeal) that the notice is seen, but experience has shown only in a few cases does it have any effect, it is there only on sufference - primarily to allow the CRAs to do what they do with impunity.

[orfoster]

Spoke to a lady @ O2 yesterday. She told me they do not have to send you a copy of the default and the reason i never had one was because they never sent one. I thought by law they had to send you a notice of default??

[buzby]

Nope, no 'law', just a courtesy. This is not an agreement regulated under the CCA. If you do owe them money, pay it and put forward a case that as soon as you were are of this unadvised 'default' you paid it. That's the quickest route to its removal.

[orfoster]

I was completly unaware of it you see so did wonder what they had to do. What i was gonna do was offer to pay the full amount if they remove it as i had no idea about it. You think i should pay the full amount then raise the concern with them about the default?? Not too sure what to do.

[mnrbig]

I have asked this question before and something similiar was mentioned somewhere else, but as far as I have been able to read, a default is a precurser to futher legal action by the creditor. A default can only be issued under the Consumer Credit act. Those that do not fall under the CCA are not able to issue defaults.

 

Am I wrong?

[buzby]

Afraid so - anyone can declare anyone else as being in default of something. If you do not peform a particular action that is expected of you as part of an agreement - the other party certifies you as being in 'default' of that agreement. The CCA is not an issue here, if the firm happens to have your permission to disclose to CRAs, then your payment record and any 'defauts' thereof form part of it. As I recall, Capital Bank issue 'defaults' every time a payment is 48hours late. I had 26 of them in a 4 year period - for the same account!

[mnrbig]

The CCA is not an issue here, if the firm happens to have your permission to disclose to CRAs, then your payment record and any 'defauts' thereof form part of it. As I recall!

 

Then it should be a lot easier to have it removed. I would hazzard a guess that you should revoke permission for them to share your data.

[orfoster]

I am going to settle the whole account over the next 7days by an online payment instruction. So do you think this is the best action i should take? I am very annoyed at the system to be honest because its a mobile phone company and they aren't in the CCA then why can they refer defaults to the CRA's?? At least i guess it will be easier to remove now as it doesn't have to be on there for 6 years. What do you think i should do?

 

Many thanks for your reply.

[buzby]

Then it should be a lot easier to have it removed. I would hazzard a guess that you should revoke permission for them to share your data.

 

Don't see how - the original permission to share was given as part of the contract. There is a possibility with the contract you can state they have no right to process any more information, but the CRAs will battle that they have a right to retain all historical data up to 6 years (and I'm of the opinion they actually delete nothing!, just make it 'invisible'), with no right of removal unless it is in error. Worth a few letter to argue the point though.,...

[orfoster]

Ah rite i see. Well i signed nothing for O2 as it was all online. What i am annoyed about is that they sent me the reminders about this account to an e-mail address which was @o2.co.uk and i don't use this so never got the reminders, they didn't tell me that the account was in default and then by the time they sent me a reminder letter i started paying and am now prepared to settle the account but i don't like this default here on the account. Not too sure how to go about getting it removed.

 

Cheers

[buzby]

they aren't in the CCA then why can they refer defaults to the CRA's??

 

Because their business is designed to provide intelligence about individuals, Credit (with a capital 'C') is just a small part of it. Why should they cross reference you to the Voters Roll or the phone book either? Because they can!

 

Your financial conduct is being held up to scrutinly, not simply your accounts that are CCA regulated, it's everything. I've always felt a CCJ is the ultimate 'Default', but these craclpot firms have made their piddling 'defaults' achieve the same status within the industry, without you having an opportunity to state your case and have justice prevail. I also don't think a Notice of Information/Correction is adequate, as it is never seen or taken notice of on machine-calculated checks.

[orfoster]

Hmmmm very big brother.

 

I just don't like the fact that they added this default without telling me at all! I had no idea the debt actually existed but never mind im paying it now yet they put this default on months ago and i had no idea about it.

 

So i have heard that they have had these defaults removed for others and im sure i have read that it doesn't have to stay on there for 6 years that is only recommended time frame??

[buzby]

Hmm.. You see if you settle this, it could look at first glace that you're a naughty debtor and brought to book. It doesn't matter (for online accounts) that you didn't sign anything - as they get round this in the T&C's with your agreement by doing some action - tickbox or initials somewhere on a form. Also fully accept you never got the reminder' emails - again, they've got an unrealistic expectation that the customer would even want to advertise their brand as an email address, but I'm sure there's an opt-out that you might have missed. Hardly comforting, but at least you'll know what to watch out for in the future!

[buzby]

So i have heard that they have had these defaults removed for others and im sure i have read that it doesn't have to stay on there for 6 years that is only recommended time frame??

 

Yes, O2 CAN remove them as part of the resolution process (the CRAs won't) so that could be a useful barganing point if you plan to settle - that way it'll disappear as quickly as it arrived!

[orfoster]

Ok so do you think i should write to O2 explaining the situation and offer a full settlement on the account if they agree to remove the default from my file? and then it should be gone and dealt with?

[buzby]

Yes - but make one conditional on the other, that wya you strengthen your hand (and you've really nothing to lose). Explain the background as you did here, the lack of emails as they were sent to an account you didn't use, ad you clearly did not wish to end up in the situation your now find yourself in. In an effort to resolve matters, you are making an offer of full restitution, however you require O2 to remove these 'default markers' from your credit file as you were not in a position to resolve the matter until their letter arrived. That should do the trick!

[orfoster]

OK i will do that, many thanks for your replies. Most helpful. I shall await their response. Im sure they will kick and scream abit so will probably be back here for more info and guidance. I will draft up a letter and post it on here later on and post it in the morning incase anyone has anything to say on it.

[buzby]

Looking forward to it!