Some happy news for a change....

mabski

izools wrote: »

No paul, that's not what I mean.

I mean O2 reporting a default without issuing a default notice, and including what they have admitted is fraudulent use, in the default balance.

Had they issued a default notice I would have been able to clear up the issue with them right there and then instead of waiting god knows how long before the default appeared on the credit report.

There was never any intention of witholding payment.

theres only two options i can see

one is to take them to court to get the default removed on the grounds a non compliant default notice
or ask the cra's to remove the data from all automatic processes and only use the data in manual searches (which they are not set up to do) under chapter 29 of the data protection act

or check out other consumer websites who will be more than happy to give you better advice than me

PROLIANT

jamesey07 wrote: »

i've not commited fraud at all but so you r making false statements against me, as i said i you's to pay my credit card bills, but as my depression set in the voices made me spend it on hotels and tv's etc i have made offers of 54p a month to pay them back before as that's all i can afford, and as i say i've not heard from them in a while

Fine business old man, fine business.
However, your first post is slightly mis-leading.

jamesey07

depression is slightly mis leading, it's makes people do crazyyyyy things like spending money you can't afford on things you don't need but i guess it helps the depression as at the time of enjoying luxury things the depression goes away for a while

Any

PROLIANT wrote: »

How come it is always me who gets stalked by the nutters on internet fora?

:rotfl::rotfl::rotfl:
I don't know how you do it, but those people are becoming bigger and bigger nutters:rotfl:

izools

Thanks for your advice Paul and Mabski.

Don't want to steal the thread and go too off topic but you guys seemed interested so I might as well enlighten you.

I'm trying alongside O2's complaints process it's just taking a while, has been ongoing for a number of months trying to get the situation resolved.

Am just waiting on O2's information from a SAR and when that arrives I'll do one of two things.

1. Send a letter with a cheque enclosed for the balance minus fraudulent usage, stating in the letter that O2 cash the cheque on the basis that it is in full and final settlement and removal of the default notice,

2. Compile a portfolio with information to help their fraud team requesting that they issue a new default notice (with time to pay before registering data - which I'll be happy to pay) once they have reached an outcome, and remove the old default notice.

I think I'm doing alright so far, and if the worse comes to the worst (i.e. it is found that they did in fact issue a default notice and it was waylaid, and that I find that I should in fact be held responsible for the full default balance, I'll offer them the full balance in one go in return for removal of the notice from credit files.

Not trying to evade anything, just trying to come to a reasonable conclusion I hope!!

PROLIANT

izools wrote: »

Not trying to evade anything, just trying to come to a reasonable conclusion I hope!!

Good luck, I hope that it works out for you.

izools

PROLIANT wrote: »

Good luck, I hope that it works out for you.

Thanks And the size of the christmas bonus will be a contributing factor to how generous my barganing chips are

jamesey07

trying to get out of paying for some debt r we izools tuttut, now what type of person must u be to have a default notice, you type of people make me sick oh and i just noticed that u have 11 previous defaults, and u have the cheek to talk to me about defaults, he who laughs last laughs the longest my friend haha not to mention the ccj u have,

izools

jamesey07 wrote: »

trying to get out of paying for some debt r we izools tuttut, now what type of person must u be to have a default notice, you type of people make me sick oh and i just noticed that u have 11 previous defaults, and u have the cheek to talk to me about defaults, he who laughs last laughs the longest my friend haha not to mention the ccj u have,

For your information Jamesey07, the default with O2 is belonging to my other half who works 48+ hours a week so I look after all of the house stuff and financial stuff, and is the only default on his credit report.

Neither of us are trying to get out of paying anything, if you bothered to read my posts you'll see that the dispute has nothing to do with evading payment, but coming to a reasonable conclusion with regard to fraudulent use that I don't believe my other half should be held responsible for when it was O2's fault for taking an upgrade order from someone other than the account holder.

The CCJ and Defaults you refer to are as a result of having bought a house just before the bottom fell out of the market and having to declare myself bankrupt due to a £50,000 deficit in the sale of the house and the outstanding mortgage amount. In Bankruptcy all of my other credit accounts (which were in good order at the time) fell into default as this is the law.

I am not evading payment, but contributing as much as I can to the official receiver and there was never any intention not to pay when taking out the mortgage in the first place. I would have continued paying my other creditors at the contracted rate but to do so would be illegal, they had to be integrated into the bankruptcy order along with the mortgage shortfall.

What do the voices in your head say about that?

Regarding your depression - if you were responsible you would contact the credit reference agencies requesting that they add a notice of correction to your credit report saying something along the lines of "Please note that I suffer from bouts of clinical depression and as such any credit applications from me should be taken with a pinch of salt and I reccomend you write to my GP before considering furthering me credit". If you were responsible that is.

jamesey07

yeah yeah izools i believe u many wouldn't about the defaults must of made u feel real good though that u didn't have to pay all those defaults though? i mean if you really wanna pay them back as your such a outstanding memeber of the commuinty who doesn't like to see people do wrong then u will surely pay what u owe back to the people u have defaulted with, i mean it's there money u have spent so u got out off it on a legal loophole i'm sure i know the answer to that though that you will never pay that money back tut tut, r u making fun of the voices? :rotfl: