O2 Default Negotiations... HELP!!

PerpetuallySkint

I have entered into negotiation with O2 about a default from 2008 i knew nothing of until i got my credit report from equifax.

i was advised to email [EMAIL="ceditfilereferrals@o2.com"]ceditfilereferrals@o2.com[/EMAIL]

to cut a long story short, i told them that i knew nothing of the default, had never received any correspondence of anykind, and i was prepared to settle in full if they were prepared to remove the default. i got a reply after 10 working days to day:

Thanks for your letter.

O2 are not governed by s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) as we do not actually offer a form of fixed sum credit. As such we do not offer the 3 items that you requested in your letter. As per the terms and conditions agreed to at point of sale then any none or late payment will result in adverse information been loaded to your credit file.

I suggest you contact our Collections team on 0800 902 0217 to discuss the account.

Regards O2 guy

i was somewhat perplexed, and asked if they could provide origional copies of the signed conmtract, and the default notice.

they replied with this a few mins ago... :


O2 are not governed by s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) with do not have to offer an original, signed copy of the contractual agreement or a copy of the default notice.
This is because a mobile phone contract is not a form of fixed sum credit. Again I suggest you contact our Collections team on 0800 902 0217 to discuss the account,
Regards

o2guy.


i am stuck as to where to go from here!!! help!!!!

KingElvis

I would contact The Collections Team

A mobile phone contract is not credit as such but an airtime agreement.

mr.ton

I agree that mobile contracts are not covered by the CCA, however they still need to prove that you owe the debt & if they are unable to do that then i report them to all the authorities and claim compensation for the damage done to your credit file.
It might be worth telling their buddies in the CRA that if they dont remove it then you will be sueing them as well....

DarkConvict

What did you exactly ask for?

Did you ask for your airtime agreement or credit agreement. Credit agreements do not exist as mobiles are services. None the less for them to place a default on your credit file they are bound by contractual law as i read here, so much still issue a default notice giving you time to correct the account before the agreement is terminated and a default placed. - http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

Asking to settle an account and in return remove the default notice, should not provoke a s.78 response from them unless you were pressuring them with CCA 1974 legislation that you did not understand.

PerpetuallySkint

DarkConvict wrote: »

What did you exactly ask for?

i asked for my orgional signed contract. not a credit agreement. and i asked for a copy of the origional default.

they are bound by contractual law as i read here, so must still issue a default notice giving you time to correct the account before the agreement is terminated and a default placed. - http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

thanks for the info

Asking to settle an account and in return remove the default notice, should not provoke a s.78 response from them unless you were pressuring them with CCA 1974 legislation that you did not understand.

i have done so already, and they said that they wouldnt remove the default and i should contact collections.

i have spoken with collection previously and said as stated above. i will settle in full, one payment, if they remove the default. and they directed me to the above email address.