Given a default by O2, are they correct?

offitmassive

Hiya I'm in the process of fighting against O2 credit scoring team. Back in 2011 I asked for my PAC code to leave O2 with a fair few months of my contract, on the phone whilst receiving my PAC code I was told my final bill will be sent in the post for £315 or so. I said yeh that's fine and all was well . So I thought. Days and weeks went by I still hadnt received any bill or any correspondence from O2 then one day about 6 weeks after I receive a debt collections letter asking for the full amount. I called them to discuss I'm waiting to receive my bill , they kindly put account on hold whilst I called O2 to advise about this letter when I hadn't received the bill nor any reminder. They said they sent the bill, to which I replied I hadn't received anything , and that was why I called as to let them know I hasn't received anything. They argued back and said my bill was also sent to my O2 email account as I had online billing which I never checked before anyway and I did check and it was there after all.
Called debt collectors to advise I couldn't afford the full amount right up and they offered my a smaller settlement figure and I refused and said I want to clear the debt in full and we agreed on 7 payments to clear the full amount, which was paid fully on time each month. K checked my experian credit score where it shows me in default with O2 and still owing £71 even though I had spoken to a Whitney on O2 chat who said the amount owing is zero and she emailed me the break down of each payment and when. And showed zero is owing. Anyway my battle is that if O2 said on the phone to me my inal bill will be sent in the post, and it was never sent - but that I had access to my O2 account online, do I have a chance of fighting this default?? After all, final bill should have been sent in the post as I was told, or am I fighting a losing battle??

Any help greatly appreciated .

NFH

offitmassive wrote: »

I was told my final bill will be sent in the post for £315 or so. I said yeh that's fine and all was well

Called debt collectors to advise I couldn't afford the full amount right up and they offered my a smaller settlement figure

So you agreed to pay the £315 and then weeks later you said you couldn't afford it? That doesn't make sense. What happened after several weeks had passed? Did you spend the £315 on something else instead?

offitmassive

No no, i rang the debt collectors to advise I couldn't afford the 315 and they offered a lower settlement figure. I said I'd like to pay the full amount but smaller instalments as I wanted to pay what I owe. They agreed and I paid the amount over 7 months .

Buzby

The reason why they took the increased amount was because O2 still wouldn't see it, you just gave them more money on a point of pr!nciple.

They will have sold the debt to the Debt collectors for a percentage discount, which was why they were prepared to pass on some of this benefit to you. O2 will have ceased to have any interest in you when the debt was sold.

Since they made a loss on your contract, the default is the automatic result of this action. Having paid it off will (eventually) show that it has been settled, in the same way as if you had paid the DCA's reduced amount. However, the default as a historical fact will remain until it is time-barred.

NFH

offitmassive wrote: »

No no, i rang the debt collectors to advise I couldn't afford the 315 and they offered a lower settlement figure. I said I'd like to pay the full amount but smaller instalments as I wanted to pay what I owe. They agreed and I paid the amount over 7 months .

Why did you originally tell O2 "yeh that's fine" with regard to the £315 if you couldn't afford it?

offitmassive

So why does it show as owing £71 still? And as I didn't receive this bill in the post as I was told on the phone I would.. Do I stand a chance of fighting this default?? If I'd had received it I'd have paid it, no bill means no payment to them. And as payment wasn't received they sold it on, which means if have been defaulted either way.

offitmassive

NFH wrote: »

Why did you originally tell O2 "yeh that's fine" with regard to the £315 if you couldn't afford it?

I could at the time, I'd sold my old phone and was to be paid that week also from work, I actually thought they'd forgotten to send me the bill ... So thought I was well off that month.

offitmassive

But anyway the bill wasn't sent... Whether I had the money or not, it wouldn't have made a difference

NFH

offitmassive wrote: »

I could at the time, I'd sold my old phone and was to be paid that week also from work, I actually thought they'd forgotten to send me the bill ... So thought I was well off that month.

So you subsequently spent the money, that you should reasonably have put aside to pay O2 for a bill you knew was coming, on something else. Sorry to be blunt, but your approach deserves a poor credit rating. That's why we have a system of credit scoring, i.e. to differentiate between those who are financially responsible and those who are not.

offitmassive

Yes I spent the money, but, they put my account on default before I had chance to pay anything, they didn't send me the bill, by then it had gone to a debt collectors and by then it was too late. I can't pay the bill if i didn't receive it... That's the part no one is actually grasping. And nor are O2

Silk

offitmassive wrote: »

Yes I spent the money, but, they put my account on default before I had chance to pay anything, they didn't send me the bill, by then it had gone to a debt collectors and by then it was too late. I can't pay the bill if i didn't receive it... That's the part no one is actually grasping. And nor are O2

I thought you said earlier they had sent a bill to your online account which you had failed to check which is hardly O2's fault......Either way the final figure would usualy be taken by the DD unless you cancelled that when you asked for the pac.

Is the £71 default in addition to the £300 default listed or is the £71 default the only one listed ?