o2 defaults

Any help would be much appreciated on this its a bit complex but bear with me!

I took out a contract with O2 I had it for a couple of years all clean no defaults,then in December 2011 I took out a new contract with O2 and cancelled the first contract and transferred my number over to the new contract and just carried on and cancelled the direct debit from the first contract.

Then in the middle of 2014 I decided to check my credit report to the amazement that I still owed them £39.40 from the first contract that they'd never even contacted me for this. I rang and said would it be possible to remove the defaults and I'll pay the £30.40.

They said we're not removing the defaults because it has to be a true reflection of what happened so I paid up so the account appeared as settled on my credit report.

I've been in touch with the ombudsman and O2 for this to all be cleared off my credit report.

No one is interested because it has to be a true reflection of what happened, I'm obviously fuming because I knew nothing about this and it's for £39.40!!!

My only option now is to write a "notice of correction on my file".

Does any body know what I should write?

as you'll see by this post my English is a bit rubbish!

many thanks to you all
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Comments

  • What's happened is unfortunate, and I would argue excessive or disproportionate from what you have written - unfortunately though it is what happened, and O2 are entitled to do this. It sounds as if you got caught out by the airtime bill vs final bill scenario - that is to say that your airtime is paid a month in advance, and your usage (minutes, data, etc) in arrears, so you paid your last airtime bill, moved the number and then missed the final bill.

    Although O2 may have advised at some point that they can remove it, this is a choice that companies have that they rarely make so it's no surprise they've ultimately refused to.

    However there are some things that you should check. The first thing to check is the date of the default - this should be, according to ICO guidelines, registered within 6 months of the situation arising. Going from what you've said, that would mean that maybe January or February 2012 the situation where you owed them money began, and so by July or August 2012 there should definitely be a default.

    Check your file with all three CRAs - if it's later than this then you definitely want that corrected; play them at their own game - the information has to be accurate and should follow ICO guidelines. The reason you want this date to be accurate (or as early as possible) is because it will drop off at the earliest opportunity.

    The next thing to ask for is a copy of the bill that was missed, make sure that the values match and they can substantiate the debt.

    You may already have the pieces of information above if you've already gone through the Ombudsman - however this is more of an ICO (Information Commissioners Office) than Ombudsman task as we're making sure information is accurate. If it's not, open a new complaint about the accuracy rather than a default removal. This won't remove the default, it will just make the information accurate - and if O2 can't do that then you take it to the ICO rather than the Ombudsman.

    As for the "Notice of Correction" you can add this if you want to; it will likely cause all credit searches to be referred for a human to consider, and could still cause rejection. In itself a £39.40 default for a mobile phone is bad, but I don't think will actually cause that much harm for a fair few automated decisions if it's satisfied. You may get worse interest rates for loans and hire purchase, you may need a broker for mortgages, etc. That said, if you have other things that those searching your credit files and looking at your credit history feel are bad for them then that will likely have a bigger impact.

    If you do want to write a notice of correction I would suggest something along the lines of:

    "I transferred my mobile number to a new contract and I didn't realise that there was an additional usage bill after closing the contract as I didn't receive it. I wasn't aware of this outstanding small debt until XXXX, but paid it when I became aware after searching my credit files. I am now more conscious of credit agreements and my credit files and ask any lender searching my records to take into account these circumstances."

    Obviously make sure the XXXX has the correct date (month/year) and that the statement is true and accurate for you before adding it.
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    edited 18 February 2016 at 7:46PM
    leebates81 wrote: »
    Any help would be much appreciated on this its a bit complex but bear with me!

    I took out a contract with O2 I had it for a couple of years all clean no defaults,then in December 2011 I took out a new contract with O2 and cancelled the first contract and transferred my number over to the new contract and just carried on and cancelled the direct debit from the first contract.

    Then in the middle of 2014 I decided to check my credit report to the amazement that I still owed them £39.40 from the first contract that they'd never even contacted me for this. I rang and said would it be possible to remove the defaults and I'll pay the £30.40.

    They said we're not removing the defaults because it has to be a true reflection of what happened so I paid up so the account appeared as settled on my credit report.

    I've been in touch with the ombudsman and O2 for this to all be cleared off my credit report.

    No one is interested because it has to be a true reflection of what happened, I'm obviously fuming because I knew nothing about this and it's for £39.40!!!

    My only option now is to write a "notice of correction on my file".

    Does any body know what I should write?

    as you'll see by this post my English is a bit rubbish!

    many thanks to you all


    This sort of thing makes my blood boil! The only thing it's a true reflection of is the arrogant stupidity of the company. Presumably you'll be cancelling your contract with them at the earliest opportunity and telling them in no uncertain terms why? And then, as you've done here, brief against them as widely as possible.


    You could file a notice of correction with the CRAs along the lines of "The scumbags at O2 have blacklisted me for no good reason whatsoever". However, being paragons of virtue, the CRAs are unlikely to accept it.


    How much of this sort of stuff do we see on here? Tons of it! There's a very big problem out there, most of which is not reported. It's long past the time something was done about it.
  • Thank you both for your reply

    I'm tempted with just doing the notice of correction which you have so kindly written.

    I'm getting bored with it all now,I can't believe how much control we don't have on this.

    I'm with EE now and will never use O2 again.

    After April this will be the only thing letting my credit score down!

    Well apart from virgin mobile but hey that's another story!
  • I understand the getting bored with it; I've been there. It almost seems a tactic by many companies to just fob you off until you go away. Unfortunately in normal companies (not DCAs) most employees don't realise that - it's normally due to process that these situations in delaying to cause boredom are created, and customer services staff are the pawns to generate such situations. Of course, this is conjecture, but this is how I feel after speaking with many companies for many reasons for customer services - financial or otherwise. A favourite line of mine these days after all the experience I have is "I understand that sometimes things go wrong. I also understand that you're trying to be helpful and I understand that you're forced to follow a process or decision tree, but I'd hope that this is an exceptional circumstance and not a regular situation? That being the case - and this being an exceptional circumstance - surely it should be handled as such in an exceptional manner?" - it works about 75% of the time. The people we speak to are actually human, and they're stuck between ivory tower management telling them how to do things and us. Their processes can't cater for everything, and sometimes things go wrong - but equally that doesn't mean that things don't go wrong more than they should, and things shouldn't be sorted as painlessly to the consumer as possible.

    When all else fails, go to the CEO. The teams that support CEO complaints are empowered to resolve genuine issues in a way that no normal customer service person is - which is undoubtedly costing companies reputation and money. Whilst careful graining does have to be given in order to empower people, providing more customer services staff at best, and at least customer services supervisors at worst, with better handling skills and the ability to resolve complaints, it would resolve in lower costs to resolution and higher customer satisfaction.

    It's funny you mention Virgin Mobile - it was a company I had major issues with; they were reporting incorrect information on me and I had hard, cold evidence to prove it. It took about 20 hours on the phone and eventually I spoke to someone there that basically agreed with me but was powerless to do anything. Send an e-mail to Tom Mockridge (do a Google) at Virgin Media if you feel you have a real case; he is the CEO and although your e-mail won't go to him it will go to the Executive Complaints Team. They have much more leniency to investigate, use common sense, responsibility and authority to resolve issues than anyone else.
  • My closed virgin mobile account says -£72 they said on on the phone I owe them nothing and don't worry about the -£72 showing on your credit report.

    I'm like no this should say zero, letters of complaints with no reply doing my head in!
  • Definitely e-mail Tom Mockridge (which is actually his office). You'll get to speak to a human who is tasked with turning bad customer service into a good one, instead of following process or a decision tree that doesn't fit the situation.
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    GingerBob wrote: »
    This sort of thing makes my blood boil! The only thing it's a true reflection of is the arrogant stupidity of the company. Presumably you'll be cancelling your contract with them at the earliest opportunity and telling them in no uncertain terms why? And then, as you've done here, brief against them as widely as possible.


    You could file a notice of correction with the CRAs along the lines of "The scumbags at O2 have blacklisted me for no good reason whatsoever". However, being paragons of virtue, the CRAs are unlikely to accept it.


    How much of this sort of stuff do we see on here? Tons of it! There's a very big problem out there, most of which is not reported. It's long past the time something was done about it.

    There you are again with your imaginary blacklist!
    There is no such blacklist but yet you keep mentioning it again and again lol.

    I can see why they won't remove the default because he cancelled the direct debit which is why they were unable to take payment. Cancelling a direct debit is basically saying "I don't want to pay you anymore money". I have no idea why people cancel them so suddenly. They don't need to worry about payments being taken by mistake because there is the direct debit guarantee to protect them.
  • takman wrote: »
    They don't need to worry about payments being taken by mistake because there is the direct debit guarantee to protect them.

    Unfortunately that's a very simplistic view of the world. The DD guarantee does exist, and it will get you your money back. What it won't do is stop stresses and worries for people when money taken affects cashflow and other commitments or purchases, etc.
  • takman wrote: »
    There you are again with your imaginary blacklist!
    There is no such blacklist but yet you keep mentioning it again and again lol.

    I can see why they won't remove the default because he cancelled the direct debit which is why they were unable to take payment. Cancelling a direct debit is basically saying "I don't want to pay you anymore money". I have no idea why people cancel them so suddenly. They don't need to worry about payments being taken by mistake because there is the direct debit guarantee to protect them.

    Whenever I have cancelled a phone contract, and in the 17 years that I have had a mobile phone I have cancelled many, I was always advised not to stop the DD to allow the final payment to go through. At which point I leave it open for another month after the last bill just to make sure, then cancel the DD.
  • takman
    takman Posts: 3,876 Forumite
    1,000 Posts Combo Breaker
    Whenever I have cancelled a phone contract, and in the 17 years that I have had a mobile phone I have cancelled many, I was always advised not to stop the DD to allow the final payment to go through. At which point I leave it open for another month after the last bill just to make sure, then cancel the DD.

    Yeah I always do the same but so many people rung up to cancel a contract then immediately cancel the DD which is stupid!
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