Settled.... O2 have set the dogs on me... Shock!!!

[Guest]

Re: O2 have set the dogs on me... Shock!!!

Watch this space!

I think that ship has sailed RIco.

[teaboy2]

Re: O2 have set the dogs on me... Shock!!!

But it doesn't help the OP and in my opinion is likely confusing them more than anything. For the record Andy, i do support your view on the matter though!

[Guest]

Re: O2 have set the dogs on me... Shock!!!

Your opinion noted

[bigbigproblems]

Re: O2 have set the dogs on me... Shock!!!

Just for the record - I actually found the discussion interesting. It's more than likely going to be the same argument that any lawyer for the defendant will have with me. The point is, the more it is dissected and pulled apart the better prepared I am.

I've now worked out I need to show some loss, which I can. I will use this with Durkin and see what happens.

[Rico]

Re: O2 have set the dogs on me... Shock!!!

damages for libel

Very expensive to do apparently. Must be done within 3 years of wrongful default being registered.

I wish I could do that after Lord Hodge said that that's what he'd have done.

Something to consider. I'd certainly look for pro-bono help on that.

Rico.

[bigbigproblems]

Re: O2 have set the dogs on me... Shock!!!

Right - O2 sent me that letter. But I have heard nothing from the court to say a defence has been filed...

Assuming that O2 have forgotten to file the defence with the court, should I now apply for a default judgement? If I do, am I opening myself up to a whole world of pain with appeals and setting asides?

[teaboy2]

Re: O2 have set the dogs on me... Shock!!!

You should contact the court to make sure that no defense has been filed, before doing anything!

[bigbigproblems]

Re: O2 have set the dogs on me... Shock!!!

So - no defence has been filed. At this point I'm unsure of what to do.

I can get a default judgement, however this stops me going after them for more than the £1k. I also feel like they will just apply to have this set aside. They did send me a copy of their defence, but seem to not have provided this to the court!

The other possible reason could be that they have decided to give up without saying that... As in send me the letter, hope i get scared off and if I don't pay the £1k.

Any thoughts or advice?

[Amethyst]

Re: O2 have set the dogs on me... Shock!!!

If they have sent you a copy of their defence then it likely stuck in backlog at the court so it wouldn't be a good idea to try entering default judgment, as like you say, they will just get it set aside. Give it a couple weeks after the defence would be due and then contact the court again, as you should be receiving a letter telling you defence has been filed and asking you to complete a directions questionnaire.

Did you post up the defence (sorry only had a quick skim back)

[bigbigproblems]

Re: O2 have set the dogs on me... Shock!!!

If they have sent you a copy of their defence then it likely stuck in backlog at the court so it wouldn't be a good idea to try entering default judgment, as like you say, they will just get it set aside. Give it a couple weeks after the defence would be due and then contact the court again, as you should be receiving a letter telling you defence has been filed and asking you to complete a directions questionnaire.

Did you post up the defence (sorry only had a quick skim back)

Yes I did. I posted it and someone was kind enough to put all together into one pdf.

Thanks for the advice - I'll give it a couple of weeks. As much as I'd like to cost them more money having to apply to have it set aside - I don't need the hassle myself.

[bigbigproblems]

Re: O2 have set the dogs on me... Shock!!!

Okay - a little update. Last week I sent off my allocations questionnaire. I had hoped to resolve things without going to court, but that seems unlikely.

I've had some personal set backs - and I was close to giving up. My redundancy was accelerated and even though I got a good payoff, my self esteem was shattered going from someone who had worked since he was 18 to someone suddenly with no job. I also have had problems with my relationship - which started when I couldn't get a mortgage due to these defaults... Obviously that dream is on hold now I'm out of work. And to my shame I've been to the Doctor and been diagnosed with depression.

I'm a little torn whether I should just give up on this fight now. On one hand I need to focus on positive things like finding a job. But on the other I've come this far and it could all be sorted relatively soon.

All I'm really after is for O2 to accept that they cocked up. Even if they just said we didn't do what we said we would, we never got back to you and we never looked into things when we promised. However I'm unlikely to ever get that.

So I've got to make my mind up. Either way thanks to everyone who has advised and helped me here.

[MissFM]

Re: O2 have set the dogs on me... Shock!!!

And to my shame I've been to the Doctor and been diagnosed with depression.

Hi BBP

Please don't feel this is anything to be ashamed of - after what you've been through, and the valiant way you're handling it, the surprise would be if your health hadn't suffered in some way.

You are amongst friends here and many (I think most) of us have experienced the sharp end of mental illness at one time or another - perhaps the most difficult step is to seek help, which you've done to your great credit :okay: .

We're all rooting for you and will continue to help and support wherever and however we can whatever you decide to do :hugxx

[bigbigproblems]

Re: O2 have set the dogs on me... Shock!!!

Thanks guys - not a lot to update, however after watching the hilarious programme "the complainers" I'm taking to twitter to express my dissatisfaction!

So far I've got:

"Hey Sam, we do care. What's happened? Do DM us details so we can help"

"We'd like to get this looked into and sorted for you Sam, could you follow us so we can DM some info?"

"Could you email to webteam@o2.com with your Twitter ID and copy of the letter sent to Ronan so we can get this picked up and looked into?"

"Thanks Sam, we're in receipt of your email and will get this looked into as quickly as we can"

"We've asked our executive relations team to look into this who typically have a 5-7 day timescale, but we've requested it be prioritised"

Not really expecting anything to come out of it, but it's nice to see someone actually acknowledge a complaint! We shall see what happens. Either way - I've been offered a new job and start tomorrow, so my little crusade will have to end/slow down.

[bigbigproblems]

Re: O2 have set the dogs on me... Shock!!!

Another smallish update - I've been self medicating my frustration by slamming O2 on twitter. It's been going very well, and they seem to have gotten upset by this. I found that if you search and find other unhappy customers you can start telling them your story. Well O2 promised me a top person would call me back asap. This was yesterday.

Well I've just got off the phone. They have agreed to wave the fee for my SAR. After I explained I shouldn't have to pay to get information they illegally hold about me. They have also promised to go through every call and get back to me with regards to my complaints about how I've been spoken too. I also have an apology for this not being sorted sooner...

Now given a couple of weeks ago they wouldn't speak to me and were just rude this is on a different level.

They have now admitted (in confidence) that their defence was incorrect and that no phones were taken out via Carphone Warehouse! This was only after I explained I had been to Carphone Warehouse and they had no record of me ever taking out an O2 account. I've pointed out I will be raising this deception before the court. They are going to look into how this happened.

Another important point is that they have admitted that they never did go to my bank. This was after threatening my bank with the financial ombudsman. Again I've explained that I will be taking my concerns of deception to the court, as at this point I feel they have completely undermined the legal system.

They also admit that they don't have copies of any contracts... There assertion the accounts are mine seems to be based around the fact some bills were sent to my address. I've explained that it's very common for members of the armed forces to leave their family home as this means you do not have to change it with every posting, that and the fact that it's simpler. They also claim they emailed my account - however there is NO record of this (google mail saves everything). However they have previously said they were using another email address so this point is basically academic.

Furthermore they want to schedule a telephone meeting with there solicitor/barrister. I'm not sure if they are planning on offering to settle, but they don't like the bad press. I think they are starting to see there story fall apart. They want me to speak to the sollicitor/barrister next week, this may/may not be normal - but I am sure that my using twitter has caused this!

Whilst they may be happy to have someone not like them, they don't like people pointing out their gaping problems using social networks. I'm a twitter convert I just need to use it now. Oh and I need to get some friends, as I keep getting randoms adding me and trying to talk about how much they hate O2.

[Amethyst]

Re: O2 have set the dogs on me... Shock!!!

Awww We'll be your friend, @LegalBEAGLES

Well done on actually managing to get somewhere, Twitter is quite good for getting complaints dealt with. It sounds quite hopeful.