O2 Default & Disputing it

OneADay

Why did you cancel the direct debit? Persumably they wanted the termination fee for ending the contract. And now they have passed it onto debit collectors no doubt which will incur more cost. Plus you have been moving - in affect hiding from them. All too fishy.

Jon_01

If its a genuine error the network can get it removed from your credit file.

But by the sound of it, it's not that simple here.

nsabournemouth

Jon_01 wrote: »

If its a genuine error the network can get it removed from your credit file.

But by the sound of it, it's not that simple here.

If only it was that simple. To do that they have to do it as in someone from the credit team has to do some work and they aren't that keen on doing that, trust me!

Jon_01

nsabournemouth wrote: »

If only it was that simple. To do that they have to do it as in someone from the credit team has to do some work and they aren't that keen on doing that, trust me!

Well I work with members of our credit team on a daily biases and they have no problem sorting these things out.

diddle22

Why does it not seem that simple?
I just don't get this at all.....

izools

I've written this up. What do you reckon?

To whom it may concern:

I am writing to you today in regard to an ongoing dispute with your company in regard to a default marker left on my credit report and an alleged outstanding balance on my account of £904.88.

I have liaised with your company many times both by telephone and in writing regarding this matter in the past to no avail.

I would like to advise that both the OFT and OTELO are happy to assist me with resolving my complaint and take over as mediator in this matter however I am providing your company with one last chance to rectify the issue.

For your reference I will lay out the cause for my dispute in two simple points:

·You did not issue a default notice to me in writing prior to recording a default maker with the CRAs
·You allege that I agreed to extend my contract term by 18 months to January 2008 when so such agreement was ever made by myself

Please let me make it clear from the outset that I have no intention of withholding payment from your company and am happy to come to a reasonable full and final settlement in line with what I am legally bound to pay to you.

It would appear that you recorded a default marker with the Credit Reference Agencies without writing to me giving me advance warning that such a marker will be recorded should I fail to make payment to you. It is a basic requirement of all creditors and service providers that they provide any debtor or subscriber with written warning that adverse information will be recorded on their credit report, should they fail to meet a given financial obligation. No such warning was provided to me and as such I was unaware that I had to rectify any issue to prevent the account from falling into default.

It would also appear that you extended my contract term until January 2008 in exchange for a Sony Ericsson K800i. Let me make it absolutely clear that under no fathomable instance did I ever agree to enter into an extended term contract with your company. I have queried this with your company several times, and it has been alleged that my contract SIM was used in said Sony Ericsson K800i handset. This is not in dispute. What is in dispute is the allegation that the Sony Ericsson K800i handset was to be used only if I agreed to enter into a contract extended to Jan 2008.

To date, despite numerous written and vocal requests for your company to substantiate its claim that I agreed to be tied into said extended term contract, no documentation or agreement to contract has been provided to me in any form, be it written, vocal, or digitally signed.



To quote the Consumer Protection (Distance Selling) 2000 Regulations:

Where goods are sent to a consumer with no contract stipulating delivery, the recipient may use, deal with, or dispose of the goods as if they were an unconditional gift to him and the rights of the sender to the goods are extinguished. [This is to prevent companies purporting to be entitled to monies whereby an individual receives goods and uses them].

It is my belief that either fraud or mis-selling has taken place and as such £440.08 of the original default balance is invalid. Your claim that the use of my O2 SIM in the Sony Ericsson K800i signified my agreement to an alleged extended contract is clearly flawed at law, and a blatant contradiction of the Consumer Protection (Distance Selling) regulations.

Any alleged agreement to contract must be held in a durable format to be enforceable. As you have failed to provide me with a duplicate, in a durable format, of said alleged agreement to contract, it is clear that the addition of £440.08 to the default balance was vexatious and unlawful.


As a resolution to this matter, I propose that:

·The original default notice is removed from my credit files held with Equifax, Experian, and Call Credit
·Once this has been actioned, that a new default notice is issued to me, for the amount of £464.80
·That no adverse (i.e. Default account) information be recorded with the credit reference agencies if the new default notice is settled within thirty days of my receiving it
·That my original O2 account is marked as “Settled” with no “Date last delinquent” or “Default Date” information recorded on the proviso that the new default notice for £464.08 is settled within the thirty day timeframe suggested

To reiterate, there was never, and still is not, any intention of withholding payment from your company, merely ensuring that payments made are in line with what I am legally obliged to pay, and ensuring that data recorded with the credit reference agencies is representative of my lawful obligations to your company.

Please advise by return if this proposal is acceptable to you.

If this proposal is not acceptable, please advise your full and final response to allow my carrying the complaint forward to your governing bodies.

diddle22

Hi, 9 months has passed..... finally they backed down (as they had no proof)
I owe nothing and they will remove the default, restoring by credit rating (-:

( It's been hell !)

Just thought I'd tell you as you bothered to respond to my plea for help.

Regards Wendy

diddle22

Hi, I've just got back on this site for the first time since last Oct...(but struggling to navigate!) and thought I'd tell you I finally got CPW to remove the default and scrap the alleged debt.
Only took 9 long months!!
How did you get on?
Regards Wendy

Jon_01

diddle22 wrote: »

Hi, 9 months has passed..... finally they backed down (as they had no proof)
I owe nothing and they will remove the default, restoring by credit rating (-:

( It's been hell !)

Just thought I'd tell you as you bothered to respond to my plea for help.

Regards Wendy

Good to know you've got it sorted. Just a shame it took so long.

DarkConvict

Wonder how the OP izools is getting on either there case