How do I get o2 to remove an incorrect default?

[Lyceumhq]

I took out a refresh contract with O2 in December.

Device arrived and a few weeks later I called, paid off the device plan and requested cancellation of the airtime. Received letters stating it had all be cancelled etc.

 

Fast forward a few weeks and I start getting emails saying I had early termination fees.

Each time I would call and explain it was a refresh contract and they would say yes sorry, sent in error. Then a week later I'd get another email and would call again.

 

After 5 calls these stopped, only to be replaced by emails telling me my bill was late as I'd cancelled the direct debit. I spent another month doing this every week.

 

I assumed it was all sorted until I took a look at my credit file last week and say o2 have placed a default of £95 for early termination fees!

 

I have called o2 ten times, each time speaking to a different customer service rep.

Non of them even know what a credit file is (they're not UK based) never mind why I care that there is a default on mine.

 

 

They all say don't worry you don't owe anything.

But my credit file now shows a second month as defaulted.

 

I can't seem to actually get through to anyone who can deal with this and have no idea what else I should do?

 

Any advice at all is appreciated.

 

Thanks

[BazzaS]

You are correct that Refresh means you can cancel the airtime contract, with no early termination fee, once the handset contract has been paid off.

http://service.o2.co.uk/IQ/SRVS/CGI-BIN/WEBCGI.EXE?New,Kb=Companion,question=ref(User):str(Mobile),CASE=21629

 

It seems that you are not alone with this problem:

https://community.o2.co.uk/t5/Pay-Monthly-and-Pay-Go/How-to-avoid-the-so-called-quot-early-termination-charges-quot/td-p/899372/page/2

https://community.o2.co.uk/t5/Discussions-Feedback/just-had-a-quot-early-termination-bill-quot-171-54-bill-for-a/td-p/893663

 

I'd suggest:

a) saving a copy of the abberant credit reference file,

b) filing a notice of correction with the CRA,

c) writing to the

Data Controller,

Telefonica UK Ltd

260 Bath Road

Slough

SL1 4DX

 

Advise them O2 is incorrectly reporting a default (and explain why it is in error, pointing them to their own Refresh page!).

Let them know you expect them to correct the error, otherwise you will:

i) report the matter to the ICO, and

ii) if you suffer loss or damage due to the incorrect default you'll seek damages from them.

[dx100uk]

yep give them 14 days

else you'll complain to the ICO and seek compensation

[BankFodder]

I have to say that complaining to the ICO will do very little good. It certainly won't produce any compensation. The only compensation you will get will maybe be some kind of gesture of goodwill from O2 if they finally sort themselves out, or a more serious level of compensation if you decide to take a small claim in the County Court.

 

Whatever you do, you've obviously had a lot of phone calls with them and they have made a lot of admissions I suppose that you haven't recorded anything so you have no evidence stop

 

Even though they will eventually be shown to have been in the wrong, it will help you enormously if you can show that they have admitted several times that they are in the wrong and yet they have taken no action to sort the matter out.

 

I suggest that you read our customer services guide and implement the advice there and then have some further phone calls with them – more than one, pointing out exactly the same things and making sure that you get the admissions of their own wrongdoing.

 

Also, you say that you have phoned 10 times – but have you logged the times and dates of these calls? You need to start keeping a careful log. The advice I'm giving you here is not only to help you sort the matter out but also because you need to start thinking of the compensation that you should get an you need to start pushing to raise the level of compensation. You can do this by being thoroughly prepared and having good evidence and good records.

 

If you want to sort this out fairly quickly then a small claim in the County Court is the way to go. Although you will need to lash out a little bit of money on the claim, is most unlikely that it will go much further than that because once they get the claim form and you can be pretty certain that O2 will put up their hands.

 

You haven't said how long this has been going on and also you haven't said whether this is affected you yet in terms of ability to get credit.

 

On the basis that it has only been going on for two or three months and hasn't impacted you yet then I would have thought that it would be quite reasonable to sue for £250. This is a modest amount which I'm quite sure you wouldn't be awarded if they gave you the so-called gesture of goodwill, or if the communication ombudsman gave a decision in your favour and certainly the ICO will make no recommendation for you at all.

 

£250 is an amount that O2 would not give you but on the other hand it would be worth their while fighting it in court. I would suggest a claim for £250 and then settle for that plus your court fee – plus any expenses if you start keeping proper records of the phone calls that you have made

[Lyceumhq]

Thanks both for the reply.

 

I don't care about compensation I just want them to rectify the mistake they have made.

 

I did say how long it's been going on for, since January. I took the contract in feb.

[fkofilee]

Great Advice from Bankfodder on this one. If you want to get seen maybe try kicking off on Twitter / Facebook & Also emailing the MD is an option. (CEOemail.com)

[BankFodder]

The compensation is neither here nor there. It's really about achieving what you want which is the removal of the credit file mark.

 

If you decide to bring a County Court action to do this then you may as well add the compensation.

 

A County Court claim is the fastest way to achieve what you want and also the most satisfying.

 

If you don't want the compensation then give it to us. Most people don't bother to give us anything that we can always use it

[Lyceumhq]

Apologies if I came across as dismissive, it's not that compensation wouldn't be nice, it's just right now the credit file is more important. I'm in the process of getting santander to transfer my mothers mortgage to my name, the entire thing has been a nightmare (santander, not the o2 thing) and if there's a recent mark on my credit file it wont help any.

 

Right, I emailed the CEO yesterday, they called me this aftrernoon, I posted this before they called because to be honest customer service had been so awful I didn't expect them to actually do anything. She said they would sort it for me and apologised profusely. She offered me a goodwill gesture of £40. Then I've just checked my email to find one saying this

 

 

I’ve received an email from our Credit File Referrals Team and they’ve requested for you to send a copy of your credit file with anything you’re disputing, then they will look into it.

 

O2 have several times admitted this is there mistake, I've spent countless hours trying to rectify it and now they want me to waste yet more time for the credit team to 'look into it'.

 

Am I being complely out of order to put on my email to the credit team that they have x amount of days to sort it or I will be taking it to the small claims court?

[Guest]

Am I being complely out of order to put on my email to the credit team that they have x amount of days to sort it

not really

being extra reasonable, maybe give them x days to sort it, highlighting that they have admitted their error, and said that they will sort it re yr email to ceo response.

if they don't, then do a formal letter before claim?

[Lyceumhq]

Is 14 days reasonable?

[Guest]

that wld be reasonable.

i did mean that no you wld not be out of order to give them x days

[dx100uk]

they've already had WEEKS of you sadly wasting your time on the phone

that's why you've got nowhere

writing or email ONLY

 

 

send them a PDF copy of your file

highlight want you want removed

 

 

give them 14 days

else you'll involve the ICO.

[Lyceumhq]

Thanks. Not really sure how to word the email to the credit file team.

 

The reason I never ask for compensation in these matters is because I don't want to seem like some money grabbing chancer. But they have annoyed by now by saying they would sort it. Admitting the mistake. Then not an hour later emailed to tell me I need to waste get more time emailed the credit department for them to 'look into it'.

[dx100uk]

please find attached a copy of my credit report

 

 

I give you 14 days to rectify the errors your executive team promised would be sorted

 

 

should you fail to correct my file in that time

I will be complaining about your company to the ICO without further notice to yourselves.

 

 

dx

[Lyceumhq]

So what do I do if they don't sort it? ICO or small claims?

[dx100uk]

your call

 

 

issuing a claim will not IMHO sort it quickly

[Lyceumhq]

Apologies, one last question do I need to send them my entire credit report or just the page showing the default from o2?

[dx100uk]

i wouldn't think the rest is any of their business

[Lyceumhq]

That was my thinking.

 

 

But when I emailed the CEO I included the page with the default and when I replied asking her why she couldn't send that information to them why I had to waste more time she replied saying she had but they wanted me to send me credit report.

 

I think I'll just send the relevant page. I can't think of any reason why they would need more.

[dx100uk]

you could simply state that that is the ONLY negative entry on your credit dile

and with a score of [lower than what it should be I'E perfect.

its their data that is causing the bad score.

 

 

remove it in 14 days please else you'll be complaining to the ICO and may seek further compensation for the damage caused through the court system without further notification.

[Lyceumhq]

Thanks to all for the replies, have emailed the cedit department today with the page of my credit file showing the o2 default and stating if it's not fixed within 14 days I will report them to the ICO and put in a claim with the small claims court to ask for compensation for the time I've wasted trying to fix their mistake.