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O2 & Wescot Credit Services


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Hi All,

 

I had a company called Wescot Credit Services chasing me at the beginning of the year (January 06) for an alleged debt with O2. This balance was £202. After some weeks of trying to find out what it was for and not getting anywhere, I agreed to pay the balance to prevent further damage to my credit file. (It was before I knew this site exisited btw!)

 

I paid them, got a letter to say it's paid and thanks very much. I got a copy of my credit file in September, just for curiousity really. O2 still have a default amount owing of £50!!

 

When I called O2, they said "oh, it's from the debt we passed on the Wescot, you'll need to call them, so I did. And guess what, they told me nothing to do with us, call O2.

 

It's my understanding that if a "debt" is sold to a DCA then that amount is for the full amount supposedly owed - am I right?

 

I also don't see how after an account has been passed to a DCA that O2 can add more charges to an account that was closed 3 years ago. O2 have been pretty hopeless about this, and I'm going to write another letter next week giving them a further 14 days to sort it out.

 

Any comments folks?

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Hi Lee.

 

I will get this thread moved to the Debt and Bailiffs Forum. You should find the help and advice you need, there.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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If you send an sar to O2 plus £10, you should get all the info you need to know when the debt was assigned to Westcot, and how much the debt at

the time, including the penalty charges added-if any.

 

You can also point out to them that as they no longer have a contract with

you, they cannot continue to process your data and should therefore

remove the default-the fact that it has been satisfied anyway is beside the point.

 

Once you get the documents requested from the sar, it may be necessary to write to them asking for a refund of any unlawfully applied charges.

 

Next, send a CCA request [along with £1] to Westcott. This should confirm,

among other things, whether they have added their own charges to the debt-

[no they shouldn't have done, unless they have taken you to Court-so there would be court charges]. If they have increased the debt, ask for it back.

You will know by now that it is easier said than done, but the threat of

legal action will usually work if all else fails.

 

PS Don't worry if the T&Cs that you have with O2 look as if they are allowed

to do certain things. the OFT and OfCom have forced them to change a

number of their rules in 2003 and 2004.

 

O2 (UK) Limted (Formal Undertaking Obtained effective 29/09/2004)

O2 UK (Informal Undertaking Obtained effective 13/03/2003)

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Hi,

 

I sent them the SAR already. They replied saying the contract was in someone elses name (how come you've defaulted me then I ask!?) Anyway, they reckon it was in my mums name. Not true. My mum had an account with them at the same time as I did, but in separate names.

 

I've been in touch with them on the phone told them to remove the default if they're so sure it's in someone elses name. The said nope. I'm writing another letter to them next week (got letters coming out of my ears!) and I'll post it here before I send it, see if anyone has any pointers,

 

Cheers,

Lee

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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  • 1 month later...

Hi all,

 

Bit of an update.

 

I wrote to O2 who wrote back saying wouldn't deal with me because account not in my name! Explained about a default on my credit file, they're not interested. I ended up getting through to O2 and a helpful bloke give me the address to write to explaining situation. If they don't play ball after this letter, I'll be issuing court proceedings for it's removal. The amount has been settled as I never disputed it or knew about it. My main point here is, they processed information on my credit file for an agreement in someone elses name.

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Share on other sites

You tell me - the contract was taken out in my mums name, but because I paid the bill, they defaulted me. Either way, the default (not that there should be one) should have been registered under my mums name. As I said, I didn't know about the £40 owing, which they later referred to Wescot, who didn't write to me either. They didn't mention the amount owing when the contract was cancelled.

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Well, I don't know if you want to pursue this - but that's enough to get the default removed from YOUR credit record, as you've never given O2 permission to process your personal data, and you've not had an account with them! Suggest you contact them (O2) immediately noting their DPA breach and asking for the data to be removed forthwith.

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Hi Buzby,

 

Too right I'm going to pursue it. They have point blank refused to remove it. I'll post the letter I'm sending over the weekend on here, got loads on the go at the minute but I'm slowly getting there!

 

I've been advised from there helpline which department to write into, and told to include a copy of my credit report. I really only want the default removed, but anything in the way of compensation would be nice seeing that it's been there for years! Maybe thats just asking too much!

 

Cheers,

Lee

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Hi Buzby, just thought I'd post a copy of the letter I'll be sending on Monday.

 

"Dear Sir / Madam,

 

Account Number(s): xxxxxxxxxxxx & xxxxxxxxxxx

After several unsuccessful attempts to resolve the issue covered in the enclosed correspondence, I have now been advised by one of your customer support staff to write to this department. I was asked to include a full copy of my credit report – this is not relevant. I have enclosed only the section you need – you have no right whatsoever to ask for a full copy of my credit report.

I have written to O2 and my letters have been acknowledged by a Mr O2.com nugget, from your Correspondence Management Team. Mr Nugget's replies have been less than satisfactory. In each instance he is insistent that the accounts above are in xxxxxxx's name, and that I will not be dealt with unless express permission is given by the aforementioned. I would like to add that I have indeed discussed this account on numerous occasions via the telephone and your customer support line with a password that was set up several years ago.

I would like to make it perfectly clear that I am not interested as to who the account is held with, my concern, and quite rightly so, is that O2 have acted unlawfully by processing data to a 3rd party without my consent. I do not have any contract with O2 for these accounts.

Due to the lack of progress, and the adverse effects your incorrect data may have on my application for future credit, I would kindly request that you reply within 7 days from the date of receipt of this letter confirming that you will be removing any information with the credit reference agencies. Should no positive response be received then I will begin court proceedings in relation the offence O2 have committed. I will also raise the issue with Trading Standards, Ofcom and Oftel.

I trust I have made myself clear on this matter. I do not wish to receive another letter informing me that this account is in someone else’s name and that you will not deal with me as I do not wish to know anything about the account. O2 are unlawfully processing / holding data about me and I have written confirmation from you that these accounts are not in my name.

Yours faithfully"

Does this look ok?

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Fine - but change the 7 days to 21. That is a more reasonable timeframe to deal with your request, and if it comes to court they could argue 7 days wasn't enough - which wouldn't work if you were reasonable in giving them 21 days!

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Thanks buzby, I'll amend it and send on Monday. Had a few things on the go lately which took me off track, but I'm back on it now!! Even completed two MCOL's today for other claims :)

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Share on other sites

  • 4 weeks later...

No reply from O2 - not that I'm surprised. I'll send a copy of the letter saying the accounts are not in my name to the CRA's and see what their reply is. Surely with a letter from O2 saying they are not my accounts, they will remove the data?

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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It will be interesting, I gave them 21 days to reply they got the letter 28/2, will start this one after sorting the money claims out! :)

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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