O2 credit file default

[786]

My brother took out a contract with o2 and the file has ended up on my credit file. We both have the same first name and surname and also live at the same address. He defaulted on the payments and now there is a default on my credit file. He explained to me that he took his bank details at the store and took the contract out. I have been emailing and calling o2 for months to tell them this but they have just been giving me the same old reply 'there was a credit check in your name and D.O.B so your liable for the contract'. So me and my brother got our solicitor to write to o2 explaining the whole situation and explaining how my brother has owned up and admitted it's his contract he took out with his direct debit details. We provided both our passports and both our bank statements to show separate o2 payments from each account, the defaulted account payments going out of my brother's bank. We also have the same name on the statements.
O2 wrote back to me saying that my date of birth was given at the point of sale so I am liable and they won't remove it.
So then I realised maybe my brother did lie to me and didn't admit that he took the contract out in my D.O.B. However, O2 are being extremely stubborn about it, even after a letter from the solicitor explaining my brother has been claiming this is his contract, they are not doing anything about it.
I'm looking to purchase a property next March, I was wondering what the best way to go about it is because with this default, I'll never get a mortgage not until 6 years time when it automatically gets removed.
I was wondering, should I call ombudsman up and is there anything they can do about it? As it certainly looks like fraud, my brother using my details without my permission. Also, O2 never took any identification and if they did, it 100% was not any of mine. So the employees didn't do well enough to prevent fraud by not asking for any identification.
Any help would be massively appreciated this is a massive headache for me.

[Magrew]

Re: O2 credit file default

Has your brother admitted his part in this. Would he supply you with a signed statementk?

You have two distinct matters here. First against your brother for effectively fraud and second against O2 for refusing to correct an error.

Have you contacted the CR agencies directly, they may also be able to correct the default with the degree of proof you have.

personally I would not take this to the FOS, it is probably as appropriate with the ICO or failing that the courts.

It would be useful to know exactly what your solicitor has already written. can that be posted.

[Hurricane Puffrose]

Re: O2 credit file default

Hi I am an ex O2 staff member, and as I can assuure you that the identity checks they carry out are rigourous.

To take out a mobile phone (contract) account you need: Proof of banking details (bank statement or debit card), proof of address (normally a driver's licence is asked for) they will also accept a passport or works ID.
Most drivers licences are photocard now, and have full name and DOB.

The only way an advisor can set up an account for a 3rd party is with a signature from the person taking out the account for them, and they have to physically be there.
The only possible way this can happen is for your brother to have taken something with your name and dob on it (maybe an old drivers licence or even your birth certificate which the O2 advisor cannot be held responsible for) or to have taken the account out online. Unfortunatly, the moment you found out this account was in exsistance you agreed to it being your responsibilty by not having the account investigated at the time. In a previous post about this situaton you advised you simply had the banking details changed.

I can assure you that the fraud prevention team are some of the best in the business, I had day to day dealings with them and once had the entire floor on lock down after a report was filed that someone was using a camera. It was an authorised photo shoot for publicity but thats how hot they are!

I a solicitor has contacted o2, they have discussed and checked through this account with a fine toothed comb, and possibly seen that there was a bank swap which would be logged as Problem Resolved. This cannot be logged unless they are told you are happy with that outcome, and any recordings of calls will be listened to during this time.

With no disrespect, I dealt with thousands of 3rd party accounts, for example Mr Jones who took out a contract for his daughter, Mrs Smith who's elderly mother didnt have a bank account etc, and for the majority the account was in one name and the bank details were in another, it is a normal and totally legal occurance.

All I can suggest is speaking to OFCOM and closing down said phone account, however it may be seen that you would have been present at the time of purchase as the account can not be set up with different details unless the ID owner is present. The store assistant would have been commiting fraud and there is no way someone would put themselves in that position! If the account was set up online by your brother using your details, then you had a 14day period to contact them and say there was a problem, and that you needed it rectified. By not doing this the company has acted in good faith that you accepted the contract.

I'm not meaning to sound negative here folks, but if there is the slightest whiff of fraud, I know catergorically O2 jump on it and feed it to the correct authority, and that this is done within minutes rather than hours.

[Magrew]

Re: O2 credit file default

but the point is, if his brother has admitted his dishonesty and this has been reported to O2 by the lawyer then is due an investigation and correction if appropriate.

[Hurricane Puffrose]

Re: O2 credit file default

it is due for investigation, which would have taken place within 24 hours at the longest, but if he has accepted responsiblity by leaving the DOB without querying it for longer that 6 months, there isnt literally a lot they can do.

If the ID was presented in store, he would have had to sign a contract agreement and the signatures are checked (hence passport or new drivers licences) and if it was done online 02 acted in good faith that he was aware of his brothers actions.

I don't honestly think there is a lot the OP can do without reporting the matter to the police and getting a crime reference number. I am I admit surprised that 02 did not give more guidance to the solicitor but it may be that the did not wish to suggest the police as this is a family matter i you see what I mean.

[Magrew]

Re: O2 credit file default

But PR you are making the assumption that 786 had an opportunity to review an agreement that he was unaware had happened in his name. He could not question the DOB if it was hidden from him.

It is a messy one because of the family connections but if this had been done by someone from outside his home and there was an admission by the fraudster of dishonesty in the presentation of ID are you saying that O2 would not correct the default?

[Hurricane Puffrose]

Re: O2 credit file default

This is what I have been led to believe by 02 from training, as you say it is hard because of the family connection and not wishing to cause distress.. and my wanting to please everyone.

IF the account had been taken out on line, ID would have been required with a signature, that would have been checked. Obviously the OP wasnt there so the signature would have been found to be wrong, the account would have been ripped up and possibly the fraud squad would have been called.
Hence my reasoning that the account was done online. It is an unusual situation where the OP and his brother have the same first and last names, but if there is a middle initial then this would have drawn the OPs attention to the letter that is sent out routinely with every new contract. and this is sent out in the account holders name.
If he had phoned up and said "This isn't right someone has used my DOB without my permission" within the first 14 days of contract then the account would have been frozen and the fraud team involved, and they go through the account like a dose of salts.


if for example, you had said oh my name is Joe Bloggs and I have had an account set up in my name that I know nothing about, but Jim Brown down the road has admitted fraud, the account would be frozen, and you would be advised to contact the police. The fraud team from 02 would then get involved and again, the account would be closely scrutinised. if it could be proved that you had no idea the account was set up (For example delivery address 123 the high road yourtown and your address being 456 the high road yourtown) then the default would be removed as you had no actual idea that the account was set up.

If however the account was set up instore or delivered to the same name and same address, then it gets complicated. The fraud team would look in to it, see if you have contacted them about the problem and any notes and go from there.
If the fraud team are not satisfied with their findings they call the fraud squad as standard. No ifs buts maybes or perhapses.

Obviously O2 are trying to be delicate here and not say have your brother arrested for fraud, so its hard for both parties.

P