O2 Debt - advice please

peteuk

I recently applied to get a Iphone via O2. However the contract was never agreed as I failed on the credit rating score.

I checked my credit file and found a recently added outstanding debt with 02. This is about 3 years old and relates to a mobile phone contract. I was unhappy with the service 02 were providing and the phone was returned.

As I hadnt heard anything when I moved last year I distroyed the proof of posting.

Now 02 have suggested that they have moved this to a debt collector, however I have not recieved a bill for the full term of the contract, I have not been contact by O2 since returning the phone.

I contact O2 and stated I returned the phone, they said that they never recieved it..... but of course neither of us can prove the other right or wrong.

So I believe in about 3 years the debt will not be mine, so do I wait out that time period (I hope to be abroad by then so good luck finding me o2) or do I push O2 to sort out this problem...

my credit score is poor anyway so another 3 years will not hinder me in any way.

Pete

DarkConvict

If you do care about the default, you can leave it outstanding for now if you wish. Its your choice.

But if they wanted to place a default against you it should have been posted to you.

I can't see why after 3 years you should have had any need to keep the receipt if the mobile operator never got back in touch as you could safety assume nothing was wrong. If they wanted to bill you, they should have sent bills or notified you in some way that bills were unpaid/phone unreturned.

The 6 year statute barred clock starts from when you last made written acknowledgement / payment towards it, however you are clearly disputing that this debt even exists.

peteuk

It was defaulted on 22 Jan 08. When I was in my previous address, therefore I should have recieved a default notice?

DarkConvict

They need to issue a default within 6 months of you defaulting the account, not a legal requirement but it has to be within 6 months to be considered fair. If the default date is incorrect and they never sent you a notice they should remove the default - Page 19 - http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf