Default notice due to scam

givenupwork
givenupwork Posts: 36 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 16 January at 6:25PM in Credit file & ratings
I was a victim of a scam/02 security failure and £1.5k was put as a charge onto my 02 account, then turned into a loan. They subsequently put a default notice on my Experian account. 
Despite loads of phonecalls, emails, shop visits, I have been unable to ever get to directly speak to 02 fraud dept. Promises of fraud contact from 02 staff come to nothing. I have an action fraud number, I’ve written to 02 giving notice that I’m going to telecommunications ombudsman, all to no response from them. I have lodged the complaint with ombudsman. O2 have also referred it to a debt collection agency who up to now were willing to wait until 02 responded. 
Today debt collection agency have given me another 3 weeks. Don’t know what will happen after that. No doubt extra charges. 
I’ve contacted citizens advice, law society and spoken to several solicitors who all tell me I have done everything right & nothing more to do. We are in N.Ireland. I know some things are different to rest if UK. 
My mortgage is due for renewal in July. 
i now have a young baby and we need to move. 
We both work and have spoken to mortgage advisor & everything is in line to get a move except for default notice. 

I had a misplaced belief at the start of all this, that truth would prevail and 02 would remove the charge. Not thinking through to their complete lack of communication & the default notice which is ruining our lives. With hindsight I would have paid the charge. 
I can still do this now but that will not remove the default notice. 
We’ve been told ombudsman takes 3 months to allocate the file to a staff member and it’s only then that they will start talking to 02. 
This has been going on 9 mths, ombudsman’s complaint iwas out n 3 weeks. 
Please be gentle with unconstructive criticism. I’m desperate for any advice that has worked for other people. 
«1

Comments

  • sourcrates
    sourcrates Posts: 31,072 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Who is the debt collector, are they just collecting this on behalf of 02, if they are you can simply ignore them, as they can`t do anything, or do they own the debt?

    Do they refer to "their client" at all in their letters?.

    Debt purchasing companies are the likes of Lowell/Cabot/Arrow Global. 

    Collection companies are the likes of Wescott/Moorcroft etc etc.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • givenupwork
    givenupwork Posts: 36 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Sourcrates,
    its Moorcroft. Is that better for me?

    thanks for your thoughts. 
  • penners324
    penners324 Posts: 3,465 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    What was the outcome of the O2 complaint?


  • givenupwork
    givenupwork Posts: 36 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Pennies 324. 02’s fraud dept never contacted me nor replied to my formal complaint letter. 

    So the answer to your question is that they ignored it. But also made a debt company contact me, turned the amount into a loan on the credit agency report, did not give me any notice they were issuing a default notice and give me a chance to pay. Have put a default notice on Experian credit report and ruined my life. 

    Experian have failed to put my statement onto the default notice. 

    How is a company operating in the Uk allowed to operate without the implantation of any complaints policy?

    they have also broken the rules on notice to me about the default notice. 

    How do I fight a company who will not engage with me?
  • retiredbanker1
    retiredbanker1 Posts: 632 Forumite
    500 Posts First Anniversary Name Dropper
    There must be an Ombudsman you can refer to?
  • givenupwork
    givenupwork Posts: 36 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Have already referred it to communications ombudsman. They have today closed the case because a device is involved. 
    They referred me to financial ombudsman service.  The financial ombudsman service had previously told me it wasn’t them & referred me to communications ombudsman. 
  • eskbanker
    eskbanker Posts: 36,650 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There must be an Ombudsman you can refer to?
    Indeed, from OP:
    I’ve written to 02 giving notice that I’m going to telecommunications ombudsman, all to no response from them. I have lodged the complaint with ombudsman.
  • dumpster_fire2025
    dumpster_fire2025 Posts: 42 Forumite
    10 Posts Name Dropper
    edited 17 January at 9:11PM

    So the answer to your question is that they ignored it. But also made a debt company contact me, turned the amount into a loan on the credit agency report, did not give me any notice they were issuing a default notice and give me a chance to pay. Have put a default notice on Experian credit report and ruined my life. 

    I doubt they've done this.

    Presumably the person who used your details ordered a phone, it's probably not wise nor particularly lucrative to obtain a fraudulent aitrtime contract as it'll soon get cancelled.

    Nowadays phones and airtime contracts are separate things, with the phone being supplied under a loan contract. In this respect o2 have done nothing wrong.
  • sourcrates
    sourcrates Posts: 31,072 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Moorcroft will be acting as a collector only, so have no power to do anything but ask you nicely to pay the debt.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • givenupwork
    givenupwork Posts: 36 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    thanks sourcrates for that reassurance. Would Moorcroft be able to talk to the appropriate person in 02?
    I feel my only option is to pay the outstanding amount but get an agreement from 02 that they would take the default off as I never got the  ?28days notice. 
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