O2 + Debt Agency - Advice Please

patwa_2

Hello. I'm by no means a legal expert, so I won't get into that arguement.

I hope all goes well for you. I praise your attempts to eliminte all channels of enquiry first - you've tried the Customer Services, tried the Head Office and the debt collectors, and now external sources of assistance are required. i hope all goes well, and do keep us posted - this could help others in similar positions with O2 or other companies.

As a matter of interest, Moorcroft is also used by Hutchinson 3G Ltd. My friend had dealings with them some time ago In that case, we wrote a letter to them, never received a reply and nothing since.

Just one point - re: data not being kept for longer than necessary - unless there is a specific numerical time value given here, and like a lot of other things given in law, this could be open to arguement, contestment and dispute. O2 could claim that they no longer needed to keep it, as the matter in their eyes was clear, so the retention of the data was no longer necessary. On the other hand, the OP can claim it was necessary and should have been kept, that now a source of evidence no longer exists, and as the matter was NOT closed with O2 the destruction of the data was unwarranted. Again, purely thinking aloud here.

Cheers and take care.

Hussein.

stiffnuts69

jonni2bad

I feel we may have a tiny bit of common ground here although I disagee with a lot of what you say.
The IC does have a view on how long tape recordings should be kept in these circumstances. I will try to find it for you.

You did not have to copy and paste the relevant section of that act it was not necassary you could have just refered to it.

In theory if the amount was in dispute then in theory an offence MAY have been committed but in reality nothing in those circumstances would happen. You would need to show that the agency had this communicated to them etc etc.

You can not go to court in the OP circumstances, and they are 2 different things and I will explain why.
When you have a bank the relationship is that the bank can take money out of your account creating a negative balance (not right but this is what they do) your relationship with the bank and the contract you have is quite unique. The upshot is the claimant has lost out in these circumstances because money has been physically taken away and the technicalities are that yes you are right it creates a minus balance.

Now in the OP circumstances the claimant has not phsically lost any money no money has been taken from the op and in those circumstances there is no negative balance. In fact there is a positive balance for monies outstanding for the provision of a service. The OP is not out of pocket. You have to see that they are 2 different things at least work with me here.

Trust me the county court judge would have a laugh, some of them struggle at the best of times.

Of course you could be a toilet cleaner (in fact my aunt is one so I feel a bit offended at that) and this does not stop you from having opinion, however I have first hand experience of its practical application.

SBF40

Enough now 'boys'. This has gone from (in my opinion) good advice from Jonni2bad and (again in my opinion) inappropriate advice from Stiffnuts69 - "Just pay the bloody money you owe and stop trying to wriggle out of it". Listening to Stiffnuts69 and Jonni2bad flex their 'legal' chests. What fun!! I do hope in amoungst all this 'advice', Powerful_Rogue has gleaned some information he can use and that it's been helpful. My experience with O2 has been much the same as you've described. Great phone coverage, but not great customer service.

powerful_Rogue

Hi,

I contacted the consumer helpline and they stated I should write a letter to O2 disputing the amount and also send a copy of it to Moorcroft.

If this dosent work then they said I should put a complaint into the Telecommunications ombudsman.

patwa_2

Certainly a start, and you're following the chain of channels woring up from the bottom. good luck.

Cheers and take care.

Hussein.

powerful_Rogue

Just to keep you all updated.

I sent a letter off to O2 last week and received a revised bill in the post this morning for zero.

They have cancelled all the charges.

Thanks to everyone for their help. Lesson learnt. If you cancel something, always get it in writing!

patwa_2

Hi there. glad to hear that. Now to seem like a wet sponge, but I'd keep all the documents related to this matter for a while. I've heard from other people in similar situations that the companies can and do send out chargebacks anything up to a month after the 'final' 'ammended' 'final' bill.

But good on you for sticking with this and getting a result.

Cheers and take care.

Hussein.

24vgaz

Hi powerful-Rogue
dont know if this will help. I take it you have a new no on 3? Ask O2 to look at your account ref any and all useage from Feb. If you are not on their tariff then there is no useage, point out to them why would you take on a new contract and then not use it?
I had a similar problem a year ago, the way I ended it was to send a letter to the MD of O2 and all the debt agencies saying that I would be taking them to court if it was not sorted out within 14 days.
Never heard from the debt agencies but got a letter from O2 saying that my account was clear.

Any more help PM me.

laudo

powerful_Rogue wrote:

Just to keep you all updated.

I sent a letter off to O2 last week and received a revised bill in the post this morning for zero.

They have cancelled all the charges.

Thanks to everyone for their help. Lesson learnt. If you cancel something, always get it in writing!

Hi, how did you get on with them updating yopur credit file?