O2 - Wescot

brokeroad

My wife received a letter from Wescot today out of the blue, requesting payment of an outstanding debt in excess of £1100. The debt was referred by O2.

About 3.5 - 4 years ago my wife took out a new contract with Orange and changed numbers and has had that mobile account ever since. I cancelled the DD for the O2 payments and I'm sure we phoned them to cancel. I believe they request cancellation in writing, which I'm sure we would have done. Unfortunately we don't have any records.

At around that time we changed address and changed address again 6 months later and now we have been living at our current address for more than 3 years. Well it seems as far as O2 are concerned the contract was not cancelled, but we have not received any letters from them and the first we new about this was the letter today from Wescot.

My wife was not in arrears on her O2 account when she switched and we have never defaulted on anything. Would be grateful for any advice as to how we should approach this.

happy_bunny_2

Are you sure its your debt? If not, send this:
https://forums.moneysavingexpert.com/discussion/2607247

What's the account showing on your wife's credit report?

brokeroad

I hadn't thought of checking her credit report. She has now signed up with Noddle and there is an active O2 UK account, last updated on the 1st June 2013 and showing a balance of £57. Don't know what to make of that!

happy_bunny_2

I would send them the prove it letter.

Might also be worth ringing O2 as they don't have a habit of contacting you about outstanding balances on closed accounts in my experience.

What does the balance history show for previous years (in Noddle)?

happy_bunny_2

Forgot to say, the 2 things may not be linked, but the prove it letter to the DCA and call to O2 should help clarify.

brokeroad

The balance history shows
Mar 2009 - Dec 2009 0 every month
2010 - 0 every month
2011 - 0 every month
2012 - 108 Mar, 0 every other month
2013 - 57 Jun, 0 Jan - May

I will send the prove it letter

happy_bunny_2

Sounds good for the prove it letter to Westcot, but doesn't seem like the same account on the credit report.

If she doesn't have an O2 account, then who has been using/paying it?

Might be someone else's account and worth querying with O2/Noddle.

sourcrates

Credit reports don't always reflect an accurate balance, it depends what information has been made available to the credit reporting company, on mine in states x amount from one lender, which is totally incorrect, and even though the account is up to date and not missed a payment on it, nothing else has been recorded on file for over 6 months, companies don't always record accurate information on credit files even though they, I assume, are obligated to do so, in your case it sounds like 02 have not cancelled your wife's contract, and you cant recall if you actually sent a cancellation letter, where you stand with this im unsure, but I would contact 02 and try to resolve the situation, write to them, state your case and see what comes back, don't even bothe replying to wescott they are only a 3rd party to this and are of no importance, deal direct with 02.

brokeroad

Mailed O2, they replied unless we can provide phone no or account no they cannot help. Can't remember the phone number and unfortunately we have not retained any bills, so don't know the account number.
Received a final notice from Wescot.

Anyone hazard a guess as to where we stand with this, can Wescot instigate court proceedings?

Basically to summarise, my wife takes out a new mobile account and number with Orange. We cancel contract with O2 (beyond the minimum term) and cancel direct debit. Not had any correspondance with O2 concerning this as at that time we changed address. Obviously O2 considered contract still active and kept on billing monthly. Had I known this I would have contacted O2 immediately and sorted it. We had nothing to gain, we were not in arrears when changing mobile providers. Now Wescot are demanding £1150.

Would be grateful for any advice, we will probably head to the CAB next week.

happy_bunny_2

Have you sent the prove it letter to Westcot?

They are chasing you, and under OFT guidelines should provide evidence of the debt when asked. A court would require evidence and if they refus to give it to you would not look good on them.

Have a read of these, its what Westcot can and cannot do. It includes providing evidence of debts when reasonably requested to do so.
http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

Even if goes to court, you can pay within 28 days and avoid CCJ being registered.

Westcot are chancers.

brokeroad

I'm not sure I want to communicate with Wescot at this stage.
My assertion is that O2 should have closed the account 4 years ago. Obviously they didn't, although it has not been used since my wife switched providers. Therefore no activity on the account in all that time.
So Wescot may have some sort of proof of something that we were completely unaware of.