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Do we have a leg to stand on??

Hi There

I am new to this forum so please bare with me.

We are due to get married next year so recently have been delving in to our credit files to see how we are rated etc as we plan to buy our own house after the wedding.....

My Partner has a default on his account since 2008/early 2009 after he had his phone stolen on a flight back from Prague at Christmas 2008, whoever stole the phone ran up a £600 phone bill making calls abroad.. due to us returning the day before christmas eve we didnt report the phone as missing to o2 until the day after boxing day which they then informed us we were liable for the debt because we hadnt informed them within 24hrs.

We have paid the debt in full now and it has probably been paid off for over a year... do you think there is a possibility we could contact o2 and ask them to contact the referencing agencies and ask them to remove default?? After all the debt is now paid in full and wasn't "our debt"

Any advice would be much appreciated.

Thank you :-)

Comments

  • Nivea_2
    Nivea_2 Posts: 38 Forumite
    it would be highly unlikely, as you say yourself because it wasn't reported within 24 hours you are liable for the debt so getting a default removed is not going to happen, they will only remove a default if there has been a mistake made which in this case there hasn't, sorry to be the bearer of bad news
  • Horseunderwater
    Horseunderwater Posts: 3,406 Forumite
    1,000 Posts Combo Breaker
    So long as the default states settled in full, there should in theory be no problem.
  • Smokealot
    Smokealot Posts: 23 Forumite
    A very nice lady at natwest gave me some interesting information on how they look defaults CCj`s etc. Dont know if she meant to but anyway she said they dont really worry about CCjs or defaults that have been settled in full if they are more than 3 years old.

    however they will decline applications if you have a Notice of correctionon your credit files, go figure.

    so I dont think it will be a problem as long as its settled and the default is 4 years old.
    LBM 26/08/2012
  • thatsean
    thatsean Posts: 992 Forumite
    O2 cannot remove the default, because it's factual. As many have said, if it's old and everything else is in order then you'll find many lenders will overlook an old entry such as this.
  • awayinchina
    awayinchina Posts: 295 Forumite
    hi,

    just a few questions?
    if you did contact O2 would you actually have been able to speak to them to cancel and block a stolen phone on late christmas eve? (if that is when you noticed it was missing).
    Did you report it to the police (crime incident number) also did you notify the airline?

    if you have a crime number may be you might be able to fight it. if for example you did not notice the phone was gone until say late Christmas eve and the O2 office was closed for a few days then you might have a leg to stand on.

    It might be worthwhile sending a request for all data in regards the account. IE. phone numbers called, location of where the calls were made from (triangulation) and when you can then prove different locations and it was stolen.

    alot of ifs and maybes but you can still report this as a crime today. as the phone company will/should still retain all information in regards the account.

    to be honest it might not be worth the hastle. depends if you want to push it or not and if you have the time to follow it up.
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