O2 Default & Disputing it

izools

Hi!

Further to my thread in the Credit Cards forum asking for help clearing up my partners credit file, I need some help with something.

My OH has a default from O2 of £905, recorded in May 2007.

As we know, telecommunications agreements aren't regulated by the Consumer Credit Act, but they can still damage your credit just as much as if you'd failed to pay a credit agreement.

Now I remember when my OH was using the O2 contract in 2006, and there is no way the default balance could have amounted to £905. My OH stopped using the phone at the end of 2006 and the balance could not have possibly been more than £300.

O2 never sent a default notice, and have never written / telephoned asking for payment.

I've written to them disputing the validity of the default and the balance, and as such they don't seem interested in collecting money, but that's not the point!

The point is the default shouldn't be there in the first place if they didn't issue a DN, but they claim they don't have to issue a DN as they aren't regulated by the CCA1974. Is this true?

Are there any letter templates or reccomendations what I write to them on behalf of my partner? All we want to accomplish is:

1. What the £905 is made up of
2. Have the balance amended in line with what they were actually allowed to integrate into the default notice
3. Clear the amended balance in full
4. Have the default notice removed, not just satisfied

Is this an acceptable list of demands, or are we hoping for too much?

I've been kindly pointed to a letter template offering partial F&FS of a default in return for the DN being removed, but the template refers to an agreement regulated by the CCA1974.

Any advice is very much appreciated!!

DarkConvict

I advise posting this in the debt forum, they are more knowledgeable in these areas.

http://forums.moneysavingexpert.com/forumdisplay.html?f=76

DarkConvict

In addition the letters you will probably be looking for would be a SAR.

A Subject Access Request uses the data protection act to retrieve all details they hold on you. Thus this includes the default, the letter they sent to you about the default, all statements and thus the charges they say you now owe.

There is also another letter called prove it, that maybe useful.

If you find out the default is wrong, they must correct it.

Possible Letters
http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227
http://forums.moneysavingexpert.com/showthread.html?t=1868507

izools

Thanks guys, I appreciate the help.

The problem is every single dispute, prove it, enforcability, disputing invalid DN, etc templates are based around the CCA1974.

Telecommunications agreements are not regulated by the consumer credit act and as such referencing the act in correspondence would be a pointless act (and look quite silly!).

If anyone knows of or can point me to information about the legislation governing telecommunications agreements that would be superb. I know that an invalid DN can be disputed in specific ways relating to a credit agreement, but a telecoms agreement would need to be tackled differently and I've got no idea how!

Jon_01

For a start have you asked O2 for info on the debt ?

If you can get copy bills you can at least see where the figures are coming from? If you think it should be 300 and it's 900 the extra 600 could be agency fee's if it's been passed to a collections service ?

izools

Ok super I've got a SAR typed up ready to fire off once my OH signs it.

It's weird, they've defaulted the account nearly three years ago but never passed it to a collection agency, never called, never even sent a final bill or default notice...

Anyway I'll see what the SAR comes back with and dispute the default balance from there.

EDIT: O2 claim that £630 was added to the balance due to an early upgrade ordered before the end of the initial 18 month term. They claim a Sony Erricsson K800i was sent out and they traced the IMEI number for use and confirmed that it had been used.

We've never seen this phone let alone used it! Seems that fraud has taken place, wonder what to do now... They aren't interested in the possibility of fraud.

DarkConvict

Ring 02, and ask to speak tot he fraud department. They have to take it seriously. In a few posts i've seen here customer services don't always treat fraud well and assume the customer is trying to get away with something.

If the phone has been used they should be able to trace where it was used, although it was several years ago they may still have the data on file.

izools

Just on the blower to them now. Let's see what happens

DarkConvict

I'm sure there would be people that would like to hear that 02 say they don't take fraud seriously, so i do doubt they would dismiss you.

izools

Well, the lady conceded that fraud probably has taken place, agreed that the usage in the last few months is massively higher than the preceding months in the contract, and agreed that the "Upgrade" was used on Cells in another county to where we were living at the time.

She also states that the outstanding balance stands.

She's issuing replica bills, fat lot of use it will be to have the fraudulent use in front of me on paper when they don't give a toss anyway.

... Just pointing out to her that the default notice shouldn't be on the credit report as they didn't actually issue one in writing ...

RIGHT

Seems O2 want to hold accountable the fraudulent use. OK.

Only thing left to dispute is the lack of a written default notice prior to one being registered with the credit reference agencies.

We'd like to clear the balance but only in return for the default notice being removed from the credit report in full not just satisfied, but this will rest on legislation being in place that states a telecoms provider should issue a default notice before recording such information with a CRA.

Does such legislation exist?

izools

!!!!!! this is rediculous.

I've spoken to O2, the FSA, the ICO, OFCOM, OTELO, Consumer direct, and NONE of them can confirm whether or not telecomms providers are obliged to issue default notices in the same way companies regulated by the CCA1974 are.

Absolutely bloomin ridiculous!

EDIT: The only thing that the ICO can confirm is that O2 have every right to share my data without my consent as long as the data is accurate. Totally missing the point that how can a record of a default notice be accurate when they never sent me such notice? She went quiet, told me to call OFCOM, and hung up.

And these are the regulatory bodies looking after our data and rights? My god...