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mikehunt69

Removing late payment notice by O2

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I took out an O2 Refresh contract in July. The SIM was never used.

 

I was out of the country in a remote part of the world (I am now back in the UK).

 

 

I tried to cancel and pay off the contract over the internet/live chat,

but this was refused and they told me I had to call them.

 

I called them on three occasions to do this (which was quite problematic due to my location), the outcome was

 

instance 1 my card was declined and then they told me they couldn't retry the payment with a different card because their systems only allow a payment attempt by ANY card once per day

 

instance 2 their systems were not working and they told me to call back

 

instance 3 ditto

 

So I cancelled the direct debits.

 

 

I emailed them on 23rd October advising of the situation and asking how to pay.

 

 

They replied in November saying I had already paid off my account.

(It appears they used the wrong account (I had a previous contract), even though I included their reference in the email).

 

 

Subsequently my credit record shows late payments for November and December on both the airtime and device accounts.

 

Having asked them to remove this following paying off their bill, they have said

 

"We have a legal obligation to notify our credit agencies with a true reading of your payment history.

We are unable to request that this be amended as this could be seen as falsifying information. "

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I have sent them an email:

 

I contacted you by live chat and you refused to accept payment.

I contacted you by phone three times and you were unable on all three occasions to take payment as a result of your systems' failings.

I contacted you by email (prior to the account being marked as late) and you personally told me my account had "been paid in full".

 

You were the one that falsified information by telling me I had paid off my account.

 

That is false information which I was entitled to rely on as it was sent to your official complaints email.

 

Now you are telling me that it's falsifying information to remove the late payment.

 

This is nonsense.

 

Here's what's going to happen now.

 

(a) Either you remove the late payment record Or

(b) I file proceedings in the small claims court against you vis a vis airtime charges and also for secondary remedy of removing the late payment notices.

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They have replied:

 

I'm really sorry you feel that way but i'm unable to amend your credit file. I will send you my final position so that you can approach the Ombudsman. As we have a legal obligation to notify our credit agencies with a true reading of your payment history, the Ombudsman Service wouldn’t be able to take any further action.

your emails will be documented but won't be responded to.

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Looks like you have to go to the ombudsman. They likely think youll just give up, as many others do. Sadly its not guaranteed the adjudicator or ombudsman will find in your favour, but it seems like your only recourse now.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Well I have filed with the Ombudsman. I'm quite tempted to fill a small claim also, but might way for the Ombudsman first.

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Ombudsman cannot deal with a matter going through the courts so them first and if no joy then take the matter to court

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I checked online at o2.co.uk and it seems they have refunded me for the airtime charges (but not actually attempted to give the money back), so might not need to take them to court.

 

Ombudsman have got back to me, slightly duff wording (they said I had been charged a 'late penalty'), so I have asked them to correct that before movign forwards.

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