Is a write-off possible here?

Fortescue99

Trying to sort some things out after a bad mental health breakdown in 2019. 

I had an account with 02. With them, I had four separated devices- my phone, my wife’s phone, a laptop I used for work, and a shared tablet. 

They were not applying the multi device discount to my bills and I contacted them about it, escalating the complaint after they dragged their heels. 

At the start of my breakdown, I told them that if they didn’t resolve their error, I would not pay the next bill until they had. 

They didn’t sort it out, I kept my word and the account defaulted. 

Over the next few months I spiralled, before the culmination of the breakdown and then got into treatment around a year later which was dragged out by the pandemic. 

Once I was more stable, I set up a payment plan for the defaulted account- although still angry they never bothered to rectify the discounts that should have been applied to my account. A debt company own the debt and I have been paying them what I can afford each month. 

In trying to sort myself out, I’ve found that each month, a separate default is recorded for each device of that account, even though the account is long since closed with o2, and I am paying the debt company each month.

Is that right? 

The debt company claim I owe over £4000. I asked them for copies of my original contracts with o2. They got back to me to say: “Our client has advised that due to the age of the account they are unable to provide invoices for your devices,

however we can provide details of what you originally took out with them. 

They are also charging me an unspecified administrative charge. 

Is this all upholdable? Can they enforce the debt given the above? 

Any help would really help me out. 

Thank you 

sourcrates

Its not a separate default each month, the account will have defaulted on a particular date, which will be shown on your credit file.

What you see are monthly status updates of that default, it will remain that way for 6 years from date of default, then be automatically removed.

Unfortunately been angry would not have helped your situation, had you made an official complaint 02 may have sorted out your issue, but then again there customer service is abysmal, so maybe not.

Service contracts are deemed accepted when you first use the equipment supplied, there is no written contract for them, as you have been paying the debt its completely enforceable.

Who has this debt now, which company, because adding charges to defaulted debts is a big no no in most cases.

Fortescue99

Does it make any difference that they can’t provide what was outstanding on my account? Are they able to enforce the amount they say remains - the figure of over £4000 - if they don’t have the documentation to offer? 

The company is moorcroft. 

sourcrates

Have they provided any evidence of your liability for this debt, ever, anything at all?

What was the original default date? (check your credit file).

fatbelly

Are you sure Moorcroft have bought this? They do buy accounts but it's unusual. They more often act as collectors.

Fortescue99

fatbelly said:

Are you sure Moorcroft have bought this? They do buy accounts but it's unusual. They more often act as collectors.

They say they own it, yes. 

Fortescue99

sourcrates said:

Have they provided any evidence of your liability for this debt, ever, anything at all?

What was the original default date? (check your credit file).

I only received a letter saying “We write to give you formal notice that the title to the above outstanding account has been sold to ourselves by O2.” 

It also doesn’t make sense to me that the balance is what it is as most of the devices on that account had been contracted for some time before the default, so they were being paid regularly each month. 

November 24, 2019 is the default date. 

When I queried the total, they listed each device account with a total for each. However, the total is £3100 for those. They claim my balance is over £4000. 

sourcrates

No one can simply write to you demanding payment of a debt, and expect to get paid without providing some proof of your liabilty.

Send the PROVIT letter to them, (it can be found in the stickies on this board) see what comes back.

Fortescue99

sourcrates said:

No one can simply write to you demanding payment of a debt, and expect to get paid without providing some proof of your liabilty.

Send the PROVIT letter to them, (it can be found in the stickies on this board) see what comes back.

Thank you for this. 

What about the aspect that the amount is 100% not possible? Even their own breakdown is over £1000 less than the total they claim is owed. 

If they cannot give proof of the total, does that also carry weight? 

sourcrates

They just have to prove you owe the debt, in whatever form that may take.