Wescot/O2 chasing me for money I don't owe

parrysite

Hi All,

I thought I'd make a separate thread, but for those interested this kind of relates back to these posts here (https://forums.moneysavingexpert.com/discussion/4876358)

Earlier this year (Feb/March time) I complained to O2 regarding being mis-sold my contract back in 2012. I was told I could upgrade to 4g when it was available, but as it turns out the handset I had been sold could not receive O2's 4G signal.

Fast forward to the end of April, and the Ombudsman Communications rules that O2 should give me the opportunity to upgrade early to a 4G contract without penalty.

With money saving in mind, I upgraded to a rolling 30 day contract, but soon realised there was a better deal to be had by going elsewhere and ported my number out of O2, having fulfilled my contract and giving them the full 30 days notice required.

I paid my final bill of around £44 and ported my number to my new deal on EE. I did this over the phone and was told that I'd be billed in 30 days (which I paid, however due to a fault with their system the bill showed they owed me £4, until I had a call to say a payment overdue and I paid immediately once I realised the error.)

Fast forward to the 2nd of July and I received an e-mail from O2 informing me I owed them £122 because I ported from O2 before the end date of my original contract (November 2014.) I contested the fact, quoting the Ombudsman decision that I could upgrade without a penalty but O2 insisted which made me contact the Ombudsman again, from whom I am still awaiting a reply.

O2 claims they sent me a letter to this effect- but has no proof I have received any such letter (and I haven't.)

Today I received a call from Wescot saying I owed £150 (Not sure where they plucked that figure from) and that I could pay over the phone or online in installments. The lady on the other end of the phone believed my contract didn't expire until May 2015 and that I owed them this final termination fee?

I have forwarded Wescot the Ombudsman's decision and they have put all action on hold until they get further word from O2.

I acted completely genuinely, believing I was in-line with the Ombudsman's advice which did NOT state at any time that I would receive a penalty from O2 if I didn't stay with them until my contract was due to be up in November.

Does anyone have any advice for speaking to Wescot/O2 about this?? I have seen absolutely no proof that they told me I would receive an extra bill if I left my new contract before November 2014, and even if I had, they surely cannot tag an extra stipulation onto the end of the Ombudsman's decision without first checking if I agreed? The date that they claim it was sent would mean it was 28 days after the ombudsman's ruling anyway.

I believe that the contract for my 30 day rolling contract overwrites my first contract as it was an upgrade. Correct?

Below is a copy of the Ombudsman's letter. Note that it specifically says NO PENALTY.

Thanks
Josh

Dear Mr Parry

YOUR COMPLAINT ABOUT O2

Please find below a summary of the proposals agreed by you and O2, in full and final resolution

of your complaint:

• confirm the contract term has been removed, allowing you to upgrade your O2 contract without

penalty.

O2 should provide the remedy within 28 days from the date of this letter.

The Ombudsman is pleased there is a satisfactory outcome to this case.

Yours sincerely

parrysite

Just to add onto this, I e-mailed the lady in question from O2 and received an auto-responder that she is out of office until the 27th of August. Does anyone have an e-mail contact for executive relations? Google isn't throwing much up unless I do a reply through O2's own contact form which isn't what I want to do as I need to add some attachments.

parrysite

BUMP! Thanks

sourcrates

Hi,
Just provide 02 with the ombudsman's decision, along with a covering letter.
Wescot are only acting for there client "02", you don't need to worry about them, they are not important.


Most mobile networks don't apply there own policies in theses kind of cases, you have a decision in black and white from the ombudsman, it should be a clear cut case.

parrysite

sourcrates wrote: »

Hi,
Just provide 02 with the ombudsman's decision, along with a covering letter.
Wescot are only acting for there client "02", you don't need to worry about them, they are not important.


Most mobile networks don't apply there own policies in theses kind of cases, you have a decision in black and white from the ombudsman, it should be a clear cut case.

Getting O2 to acknowledge the fact that the Ombudsman's decision is final and that they can't just add on their own terms retrospectively has proved difficult at best. They just won't have it.

parrysite

Got a letter from Wescot suspending any action until O2 has replied which may take several weeks.

Nick_C

In my experience of Wescot, they may not be acting on behalf of O2, they may have bought the alleged debt.

For them to take any action against you, they have to prove that you owe money.

When I was being chased by them for a disputed debt, I took the stance of replying to each of their letters along the lines of "I don't owe you any money, please explain why you think I do". They can't answer this question. They either don't have the necessary documentation to support their claim or its not cost effective for them to carry out a proper investigation.

They will keep hassling you with identical letters, and after 2 years or so they will sell the alleged debt on to someone else and you start all over again.

I would suggest you don't speak to them on the phone - put everything in writing.

parrysite

If that's the case then they'll be wanting a refund from the purchase of the debt as I do not owe anyone anything!

I am not prepared for this to go on and on I want it resolved.

glentoran99

the ombudsman decision appears to say you could change your contract with 02 not terminate

allowing you to upgrade your O2 contract

I believe your change to a 30 day rolling contract could be argued that it wasnt an "upgrade" as you actually downgraded

I also presume you didnt change your handset so therefore still couldnt recieve 02's 4G so you didnt upgrade to a 4g contract

so in effect you downgraded your tariff to a sim only 30 day contract instead of upgrading to a new (possibly more expensive) 4G tariff with 02

sourcrates

parrysite wrote: »

If that's the case then they'll be wanting a refund from the purchase of the debt as I do not owe anyone anything!

I am not prepared for this to go on and on I want it resolved.

I think at this stage wescot will only be acting for 02, you can basically ignore them, just deal with 02.

matttye

This doesn't make any sense.

You were sold an O2 contract, but with a phone that could not use 4G networks.

You complained to the Ombudsman that the contract was missold as you had been promised you could upgrade to 4G once it became available.

The Ombudsman's response was that you could upgrade to a 4G contract without penalty. But your entire complaint was that your phone was not 4G compatible?

Is it possible that the Ombudsman meant that you could cancel your existing contract and take out a new contract, which included a 4G capable phone, without penalty? If not, then I don't see what the "remedy" is, as your phone was not 4G compatible!