HELP - O2 Default - loophole in law

concern

Hi,
I am hoping anyone can help me with this.

I have several accounts with O2

I got one for my teenage son two years ago on a O2 simplicity account which is basically there account where you pay monthly, have one months notice etc

Anyway, after he went a bit crazy with the phone and decided to go pay as you go, I called O2 to transfer the debt of £37 to my other account (I was told this was possible because they were linked)

I heard nothing then 10 weeks ago, I get a letter from a debt agency telling me to pay the £37 or else

I paid this online immediately and thought nothing of it other than bad customer service by O2

I then went to get a job (I work in financial companies), they did a credit check and O2 had put a default on my account for £37

I have spent the last 10 weeks, contacting the executive relations in O2 who were rude, unhelpfull and not interested telling me they do not have to comply with the Consumer credit act and do not have to write to me to tell me to put a default on my account.

They did tell me that the bills were being sent to an old email account, however, the exact dates were wrong.

I then got a "deadlock" from O2, went to CAB and Otelo who told me O2 were correct in that they do not have to comply with the Consumer credit act and do not have to write to me to tell me to put a default on my account.

I am really struggling to get this removed and this is actually stopping me working and getting credit.

My account with O2 is still running but I cannot get a phone from any competitors because of the default.

concern

Folks,
Was hoping anyone would have any help on this as I am really struggling

Happytogetdebtfree

I dont know :S...maybe write to them ? or ring up again as well as writing ? hope someone can help, i am with 02 and ive just moved to simplicity i cant say ive had any problems, i always thought mobile companies could not default you :O

Esoog

I'd imagine you have a bank statement etc that shows the £37 you paid them? That's a start

NorthernLas

Found a link that might help ...

http://www.learnmoney.co.uk/credit-file/small-defaults.html

It seems that the company who placed the default have to agree to remove it. Given you have been speaking with O2 you may have done this already, if not the sympathy vote may be worth a try.

Tixy

Thats right phone agreement are service agreements not consumer credit agreements. That said I was under the impression they should still write to you before they put a default notice on your file, giving you chance to rectify the position. But if CAB & Otelo say otherwise I would guess they are correct, and probably there is little you can do to get it removed.
I guess you could try negotiating with 02 asking them to remove the default or your other accounts elsewhere but I suspect that whilst mobile providers are keen to retain customers as your complaint has already gone that far they will be unlikely to agree to it.

DVardysShadow

Tixy wrote: »

Thats right phone agreement are service agreements not consumer credit agreements. That said I was under the impression they should still write to you before they put a default notice on your file, giving you chance to rectify the position. But if CAB & Otelo say otherwise I would guess they are correct, and probably there is little you can do to get it removed.
I guess you could try negotiating with 02 asking them to remove the default or your other accounts elsewhere but I suspect that whilst mobile providers are keen to retain customers as your complaint has already gone that far they will be unlikely to agree to it.

I agree. It makes total sense to me that the requirement to advise you and give you time to rectify before a default notice is placed arises from Data Protection and not from Consumer Credit requirements. Another case of a stupid call centre Alternative Legal Universe - and one for the Information Commissioner's office

concern

many thanks for your help but I have wrote and spoke to them.
I tried writing to the CEO but the email gets straight through to their complaints department who then tell me they have done everything right and wont move on it or refuses to escalate

What is the Information Commissioners office, can find it on web

Any help at all would be most welcome as I am going for other jobs but will not pass the credit search

DVardysShadow

concern wrote: »

many thanks for your help but I have wrote and spoke to them.
I tried writing to the CEO but the email gets straight through to their complaints department who then tell me they have done everything right and wont move on it or refuses to escalate

What is the Information Commissioners office, can find it on web

Any help at all would be most welcome as I am going for other jobs but will not pass the credit search

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