O2 Contract/Debt Issues

[podperson]

Hi all,

 

I'm trying to help a friend with some major problems she's having with O2 and any help or advice would be very much appreciated.

 

I don't have all the information yet as still trying to get it out of both her and O2 so shall update as needed.

 

she had a phone contract with O2.

The contract was too expensive for her and she switched to a PAYG sim.

The contract still had time left to run so she kept paying the monthly basic amount to them.

 

Now something has happened a few months back and I think she was late with a payment.

 

She's now got a bill for over £900 for one month.

She seems to have no idea what this is for

- I'm assuming a heck of a lot of charges

- and she is struggling to get any kind of itemised bill or break-down from O2.

 

I've advised her to try and cancel the contract so she can then take it as a debt and arrange a payment plan, but they're refusing to do this and saying it would cost her over £1,000.

 

At the moment they are asking for around £165 a month to pay this off and refusing to budge on the amount.

 

She's disabled and on ESA so there's no way she can afford this kind of payment.

I'm still looking into the details but to start with:

 

I'm trying to get a copy of her contract to find out what it says about both charges and cancellation

- O2 are refusing to provide this in spite of her asking several times now.

(Def bringing up the red flag for me!)

Would she be best sending them a SAR to get all both this and copies of her bills.

 

I read on here that the new O2 contracts actually fall under the Consumer Credit Act

- would this mean she could also claim back these charges under that Act?

 

Once she does finally manage to get the contract cancelled, am I right in thinking that because she is on benefits they are obliged to accept whatever payment she can afford?

 

She's a bit clueless on these kind of things and they have debt collectors calling and harrassing her all the time so she's very upset and scared about it.

 

Is there any way to get them to stop doing this because of her disability?

Surely there is some kind of protection against them bullying a vulnerable person?

 

Thanks for any help, it's really appreciated x

[silverfox1961]

Hi

Before doing anything else, she needs to write to the debt collectors telling them that she will only deal with them in writing and to remove her phone number from their systems. You could do this for her so long as you get her written permission to do so.

As long as communication in writing is maintained, they should not phone again

 

Sending a SAR is always the best way as they cannot deny her. Include as much ID as possible to ensure they don't refuse the SAR on poor ID grounds. The contract may be more difficult. A lot of companies will refuse to send a copy of th contract under a SAR as they consider that it doesn't fall under the DPA.

 

She should be able to find the terms and conditions related to her contract on their website. I'm not sure she will be able to get the contract cancelled however it has been terminated, meaning that the account still exist but no use can be made of it.

Once any charges have been removed an arrangement to pay should be considered but at a rate she can afford. Usually this is done by sending an income and expenditure form to them showing what is coming in and going out and then they will suggest a figure that should be correct.

 

If the debt collector is collecting for O2 then O2 can recall it however if the debt has been sold to the DCA then they will be a bit easier to negotiate with.

 

Make sure everything is done in writing and either get proof of postage or better still, signed for delivery

[Bazooka Boo]

Who is the DCA? Name please.

 

Send them this by 2nd class post, but obtain ''proof of posting'' which is free from the PO counter. http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

 

If they ring in future, laugh and hang up, DO NOT engage them over the phone.

 

When was the contract taken out?

 

How long for?

 

Monthly amount?

 

How have O2 magicked up this figure?

 

Keep EVERYTHING in writing, if you have any of their demands in writing, please scan and post them up, removing you remove ALL identifiers, bar codes, ref numbers, names etc.

[podperson]

Thank you for replying.

 

She has contacted O2 yesterday through the online chat thing (not my idea!) and they have basically told her that to cancel her contract she would need to pay £1000 due to the 'contract terms' - however they then refused to send her a copy of the contract by either post or email so she could actually see what these terms were. She was advised that if she goes into her nearest O2 store with ID they 'should' be able to provide her with a copy.

 

She also asked for a copy of the bill/breakdown of the charges for this £900 they currently claim she owes. They are apparently unable to provide this. When she asked how she was supposed to know that she actually owed them £900 when she has no idea what it's supposed to be for, she was basically told, 'because we told you you owe it'.

 

The woman was also quite rude and confrontational - insisting that they wouldn't speak to anyone else on her behalf regarding it (including someone from CAB), even though she told them she's disabled and would give permission for it. Great customer service so far from this company.

 

I think we will try and get the SAR off on Monday and hopefully manage to get copies from that. Quick query - what kind of ID should she be including with this (I know she has no driver's licence as she's not classed as fit to drive and I don't think has a passport either) and will photocopies be okay? I can see her being reluctant to send anything original off to them.

 

I've asked her to bring me everything she has from them over this weekend but God knows what she actually has. She's really not great with things like this at the best of times and had no clue who the DCA was when I asked her. I've got her to request a copy of the online chat conversation to be sent to her and told her not to speak to anyone on the phone about it anymore.

 

Thanks all x

[silverfox1961]

NEVER send original copies of anything. photocopies will do. If she has no pictorial ID then copies of utility bills may suffice and if possible a copy of her birth certificate.

 

The online chat may have saved on her PC so worth a check.

 

I would suggest you get a box file for her to keep all letters regarding this matter in.

[Bazooka Boo]

The online chat may have saved on her PC so worth a check..

 

They 'should' email you with the complete discussion you had on live chat. O2 are usually good with this.

 

Well O2 don't dictate who deals with this matter unfortunately, they don't have that say anymore, if you can get the name of the clown who told her differently, then she can close the door on her way out, or have some more remedial training!

 

If they won't provide the details of how they have plucked this figure out of fresh air, then how on earth do they think anyone is going to just blindly pay a number they magic up?

[silverfox1961]

BB, you are totally correct. Never pay without proof.

 

When landline providers cease providing a service mid contract, they charge a lower amount for line rental and broadband for the remaining part of the contract. It is my belief that mobile providers should (must??) do the same. I have no idea of O2's workings regarding this but if it's anything like Vodafone's they will need pulling up.

 

On receipt of the SAR, the first thing I would be looking for are termination charges and any admin costs. These can be inflated. The costs of any included phone needs checking too as that cost may be inflated above the retail cost.

[Bazooka Boo]

O2 now separate the handset, which now comes under the CCA, and the service agreement, which doesn't.

 

If they terminate the agreement, then IMO there is NO service to pay for regardless of the remaining length of contract, as they are no longer providing that service.

 

I'm pretty certain, that there is a recent case that outlines that service providers cannot chase after the remaining length of contract as it has been terminated, and they no longer provide the service?