Carphone Warehouse has threatened to screw my credit rating - help!

[doctor in distress]

I switched mobile phone supplier from O2 (as Carphone Warehouse) earlier this year and paid up the account.

 

O2 then added some more airtime charges after the number had been transferred to the new mobile provider and I disputed the charges in writing on several occasions.

 

We are now being inundated with debt collection agencies demanding various amounts of money (the disputed O2 debt plus some added fees) and I have written back to each one every time telling them that the debt is in dispute.

 

The cookie crumbled when one of the debt collectors phoned me and my partner took the call. He said he’ll look into it but the debt collector contradicted themselves by saying its Data Protection Act restricted while refusing to say how they obtained my personal details in the first place.

 

Question 1: How can we stop these nuisance phone calls and letters?

 

Question 2: Is there an authority we can complain to against O2 (e.g the Information Commissioners Office or a trading standards authority) for getting us into this barrage of nuisance phone calls and letters.

 

Please don’t tell me to send S.A.R - (Subject Access Request)’s everywhere because the disputed debt is only £37.60 and £56.60 (depending on which debt collectors we go by) so it’s not worth our time & effort.

 

Ive had written enough letters to debt collectors already, but Im happy to file a complaint with an authority.

 

One of the debt collectors letters said that this could make it difficult for me to obtain credit.

 

Question 3: If 02/Carphone Warehouse gives a credit agency (under false pretences) adverse information on me resulting in me paying a higher rate of interest on any future loan or mortgage, can I claim negligence from 02/Carphone Warehouse's liability insurer for my financial losses being the difference between the interest rates I have to pay, from the rate I would otherwise pay had that adverse information not been passed in the first place?

[ScarletPimpernel]

The quick answer to your questions are:

 

1. By using legislation and OFT guidance - and, of course CAG!

2. Yes - Trading Standards and potentially the Financial Ombudsman Service

3. Rather more complicated. You can certainly have inaccurate information removed from a CRA's files.

 

Can you provide a bit more info?

 

Are there different debt collecting agencies (DCAs) contacting you simultaneously about the same alleged debt, or is it the case that when you've disputed the alleged debt a DCA hands it back to O2/CPW and a new DCA starts?

 

It would be helpful to know which DCAs are involved - we know most of them, how they operate and the best ways to deal with them.

 

Who do the DCAs say is their client, O2 or CPW?

 

All DCAs send template letters, usually from Threat-O-Matic for Windoze. Whilst the contents are usually entirely composed of bovine faecal matter, make sure you keep them.

[oneofakind]

DCAs often use threatening phrases such as 'difficulty obtaining credit....', 'we'll send the bailiffs round', 'file for bankruptcy', 'charging order', blah, blah, blah.

 

I appreciate you're worried, but SO much of this is just hot air.....

(fresh from the bovine intestine! )

 

 

PS: Forgot one of the cardinal rules - DO NOT get into conversation with them on the phone! It justs let them wind you up. Ask them to contact you only in writing, then just hang up- or put the phone down and walk away!

[NailPost]

Carphone Warehouse would have placed information with the credit reference agencies from the start of your contract - how you paid your bill, on time/late etc so I would obtain copies of your files (£2 each from the three main agencies) and check them carefully.

 

If there are indeed negative or adverse information I would write to Cw and ask them, insist even, they remove the entries. Also write to the three agencies and place a note with the files stating the Cw matter is in dispute.

 

You should remember that whatever the debt collectors tell you the bottom line is that they are collecting on behalf of Cw and Cw are responsible for the actions of their agents. You should remind Cw that any complaint of bulls*****ng behaviour on the part of their agents will result in any complaint being made against the Dca AND Cw

[doctor in distress]

Can you provide a bit more info?

 

Are there different debt collecting agencies (DCAs) contacting you simultaneously about the same alleged debt, or is it the case that when you've disputed the alleged debt a DCA hands it back to O2/CPW and a new DCA starts?

 

Its one then its another:

 

I had a volley of correspondence with Carphone Warehouse but they kept demanding money I did not owe.

 

I received a demand from Corporate Credit Media Ltd on 17/07/07 I wrote to them telling its disputed and remove my details from their computer, then it was BLS collections on 29/07/07 I wrote to them too, then it was Roxburghe Debt Collectors on 29/08/07 again wrote to them disputing it/ How many more will I get?

 

I think there is a case is maladministration or misfeasance with intent to cause harassment or a nuisance. Who do I complain to?

 

 

Who do the DCAs say is their client, O2 or CPW?

 

CPW

 

All DCAs send template letters, usually from Threat-O-Matic for Windoze. Whilst the contents are usually entirely composed of bovine faecal matter, make sure you keep them.

 

That fits.

 

Anyone give me an address to write the a complaint to?

[djdave]

The Financial Ombudsman Service are the best people to complain to, but their rules say that you must first have exhausted the compaints procedure of the company in question or given them up to 8 weeks to respond - frustrating I know.

 

The FOS complaints page is here:

our complaints procedure and how to complain