Wrongful O2 default on my account, can't get it removed

[DickyRobbo44]

Hello, 

 

Looking for help with a wrongful default on my credit file. 

Around 12 months ago I signed up for a contract phone through mobile phones direct with O2. 

 

When I received the phone I struggled to get signal at work despite the coverage map saying it was good. I decided to return the phone and cancel the contract within the cooling off period. 

The return was accepted and I thought that was it. 

A week or so later I receive a letter for O2 stating I owe £520 for an early termination fee. Apparently MPD direct didn't notify O2 it had been returned within the cooling off period.

After a few phone calls and emails I was told this would be cancelled (proof via email) and ignore any further correspondence in regards to the debt. I didn't receive any more letters and considered the matter closed. 

Nearly a year later and whilst looking for a loan thought it strange I wasn't applicable for many providers and it said my score was poor (it's always been 999). Checked and low and beyond there is a default on my account from O2 from nearly a year ago! 

I've range them, emailed the credit team but seem to go round in loops between the payment management team. They have said they have sent a form to the amendment team but then they respond I need to speak to the payment team. All the while my credit score is ruined. 

Is there anything I can do to accelerate this and get it removed quicker? They said it would take 28 days last time although that passed with no communication. Now they are saying it will take 30-90 days. Should I speak to the ombudsman? 

I don't believe the default itself to be lawful as I never received any notice of default else I would have questioned this at the time. I just can't believe they aren't quicker to remove it. 

This is massively effecting my mortgage renewal and limiting my options, potentially costing and additional £30-50 a month. Can I claim for compensation? 

 

Any help massively appreciated. 

[fkofilee]

Email [email protected] / [email protected] With your complaint and get their exec team involved. 

You shouldnt be liable and they need to put it right. 

 

I usually get a response from O2 Exec Relations within a week. Given they are now with Virgin, you might get one quicker. 

It does usually put a fire under their arse, unfortunately you have one of those cases that general customer services wont have a clue about. 

[DickyRobbo44]

Ok, I didnt realise they were now Virgin so I have done that. Do you have the o2 exec emails so I can send it on to them also or are they now irrelevant?

[fkofilee]

Use the ones I gave you

[FruitSalad1010]

This appears to be a case of inaccurate data processing. The fact the return was accepted and the contract nullified indicates the entries made on your credit file are inaccurate.

I find the world of credit reporting to be fairly murky and @dx100uk is the resident expert.

My understanding is that you are required to receive a properly constituted Default Notice prior to a default being entered on your credit file.

I understand you have a mortgage and therefore your place of residency is likely permanent, but perhaps you could clarify if you have moved in the last year or if there is any reason that their correspondence would not have reached you since you ended the contract.

If you do not receive the response you want I think you should start detailing how this issue has affected you since you became aware of it and in particular whether it has caused you any distress.

In reference to compensation I would also be keeping a record of the financing you would have expected to receive had your credit score remained as it was. Be mindful that technically creditors claim not to use a score to make decisions regarding lending but we all know this is just semantics and that regardless the entries will be what may have affected any lending decisions.

Have you kept a record of what you think you would be paying/offered if the entries were not made, on what basis you have calculated this amount and importantly is there any evidence that the credit entries have resulted in you being offered more costly lending.
 

[dx100uk]

mobile contracts are not subject to the consumer credit act so a default notice under section 8? cant be used nor sent.

it wont be a default, ie there is a registered defaulted date mentioned in the debts summary line.

it will merely be a D or WHY in the calendar section thAT NO-ONE BAR YOU AND THE DEBT OWNER CAN SEE.

MOBILE DEFAULTS DONT USUALLY (opps caps) harm any credit rating nor mortgages nor loan applications, they cant see the D.

somethings not right here. 

your low score nor loan limitations cant be for this reason.

FWIW: early termination fees are unlawful and deemed unfair under various mobile industry regulations and guidelines

dx

 

 

[DickyRobbo44]

This is the only blemish on my record, not even a late payment in over 6 years. I had a 999 score prior to this.

I believe it definatly is a default, see screenshot.

I have not moved address during this period and email address remained the same as O2's records which I use to pass security with them. I've emailed the exec team and hoping that at least escalates it further.

[fkofilee]

Removed your details from the Google Photos Link. 

[DickyRobbo44]

What details were showing? I redacted everything didn't I? Here's the image 

https://ibb.co/rHCYgZ2

 

Edited July 27, 2023 by DickyRobbo44

[fkofilee]

No - The URL had your name in it - Or rather the descriptor for what the URL is  

Dont worry about it - I saw the entry and deleted it quickly. 

[DickyRobbo44]

So that is a default isn't it? 

[fkofilee]

Yep - It is.

[DickyRobbo44]

So is that also an infringement based on what @dx100ukhas said? More ammunition I can use against them. 

[dx100uk]

It says loan.

Did you sign a credit agreement for the phone as well as an airtime contract?

[DickyRobbo44]

Not sure if this helps? 

O2 Terms.pdf

This is a reply from the credit referrals being sent round in loops. 

Thanks for your email about account 1050021637.

  We've taken a look at your request, but we can’t remove the default loading as this is filed correctly.

   Account 1050021637 terminated on 16/06/2022 with a balance of £527.58, this has then been written off for internal purposes on 21/07/2023, however is still outstanding. Where a balance remains unpaid for 6 consecutive months, a default is loaded against the account.

 There has then been 2 adjustments added onto the account of £521.58 and £12.00 on 25/07/2023 and 28/07/2023 respectively to leave a balance of -£533.58. Unfortunately the write off balance needs to be reversed and the balance brought back to £0.00 on the account. So please speak to our Payment Management team on 0800 588 4213 to discuss this.

 Please be aware, they should not be asking customers to contact us directly regarding amendments. They have a process to follow online which means that if the process is followed correctly and amendments are required, they fill in a form on the customers behalf.

 

[dx100uk]

please answer my question.

dx

 

[DickyRobbo44]

I'm not sure, that's why I posted the pdf, not sure if that can tell you the answer?

I can't find anything else and it's over a year ago so struggling to remember. 

Edited July 30, 2023 by dx100uk
unnecessary previous post quote removed

[dx100uk]

just type no need to keep hitting quote...

well ask them, is this an airtime contract or a credit agreement for the physical phone.

it sounds like they believe it to be an airtime contract, but then again they've levied you 2x£12 late payment? default penalty fees (which are unlawful) which are more associated with a credit agreement.