O2 default

[sihaworth]

Just to give some background to this issue, which is a default on my partner's credit file to the tune of £23.

Partner phoned to cancel mobile broadband account in January 2011. Paid what she was told would be last bill for the last months usage after giving 30 days notice.

Nothing further heard until April 2012, when a letter from Lowells debt collection agency came through the door requesting payment, which was duly paid immediately. At the time, partner phoned O2 to clarify why this had occured but they stated they could no longer look at the account. Partner paid Lowells immediately, thinking that would be end of issue.

Naively, we weren't aware that a default had been added to her credit record until now when it has come to apply for a mortgage and her credit score is on the floor.

We wrote to O2 last month and had a reply from the Complaint Review Service, stating that a final bill was produced and that wasn't paid etc. I replied on behalf of partner with the following email:

Thank you for your letter dated 26 March, with reference to account number 1009120224.

I wish to clarify a few issues in respect of this dispute; When I moved address in 2009 and again in 2010, I phoned customer services to advise them of my change of address to ensure that you had correct contact details for myself. Secondly, when I phoned to cancel the contract, I was informed that there would be nothing further to pay as I had given the required 30 days notice of cancellation and paid for what I was told would be the last months usage.

In your letter you state that, “We would’ve notified you of the arrears at the time”. I’m sure you can appreciate that saying “we would’ve” and that definitively happening are two different things. Could you outline to me what steps O2 took to contact me firstly regarding the outstanding arrears and secondly what steps Lowell's took to contact me to ensure the default notification was:

a) issued
b) served appropriately,

which I’m sure you’re aware is a legal prerequisite to any adjustment of my credit record.

Furthermore, I would like copies of all letters and/or emails, but also a list of all phones calls and text messages that you sent in an attempt to contact me - presuming such an effort was made.

Kind Regards,

They have since replied with the following email;

Thanks for your email.

I'm sorry that you're not happy with my response.

We aren't regulated by the consumer credit Act as we don't provide credit, so we are under no obligation to send reminders or default notices to you. If you owe us money, this shows on the next bill. But we did send payment reminders to the registered billing address.

I'm unable to advise you on how Lowell conducts their searches as they are an independent company and we're not aware of their procedures.

To obtain copies of anything kept on your account, you would need to request this through a form on our website. I've included the link below;

Once the form has been completed, print it off and sign it. We recommend sending it recorded delivery to the below address ensuring you enclose a cheque or postal order for £10.00 made payable to Telefónica O2 UK Ltd:

Data Controller – Subject Access
Telefónica UK Limited
5 Reynoldston Close
Brackmills Industrial Estate
Northampton
Northamptonshire
NN4 7BX

The request will be processed within 40 days of receiving it and you will be contacted if there's any reason why the request cannot be processed.

If you've any further questions, please feel free to contact me

What are my next appropriate steps in this dispute?

Thanks for any help in advance.

[Hurricane Puffrose]

Re: O2 default

hi

welcome to LB if you haven't already been welcomed.

Sorry to hear about the problems you have been having, but unfortunatly the Higher Level Complaints Service are totally right, mobile phone companies don't provide credit and do not have to send Default Notices on a Consumer account. A final bill would have been automatically generated and sent to the billing address o2 had for you at that time (if this had changed and they had not been made aware, they are not responsible for finding out, you would need to inform them).

You are given a certain time scale to pay your bill (normally 14 days airtime) but with a final bill you don't have that timescale. After 14 days a reminder text is sent to any mobile specified as a contact and this is system generated, 7 days after that, a letter is sent, then a final reminder is sent 7 days after that.
21 days after that,a default is added and the debt is sent to a Debt Collectors who will normally contact you within 21 days to arrange payment.

Again the Debt Collector will use the last address o2 had for you, if this has changed they will then try and locate you.

once the account is with a DCA you have 3 months to contact o2 to make payment and they can recall the account, after that time it is out of their hands.

Honestly, they have no idea of how the DCA runs it's business or their policies and accept no responsibility for them.

If you want your notes sent to you, the only way you can do this is with a SAR request, but I will advise you.. you will not get the recordings, they are normally disposed of within 3 months and only about 90% of them are recorded to begin with.

[sihaworth]

Re: O2 default

If I send the SAR request, and they can't provide adequate details, where does that leave her?

She did inform them twice of change of address, prior to cancellation of the account but it seems that hasn't been acted on.

[Mr $quanda£ot]

Re: O2 default

It's my O2 too too too, too good to be true true true...

[Hurricane Puffrose]

Re: O2 default

If I send the SAR request, and they can't provide adequate details, where does that leave her?

She did inform them twice of change of address, prior to cancellation of the account but it seems that hasn't been acted on.

if the details they send you have no record of any changes to the address, it is your word against theirs.
Also if there is proof letters and texts were sent, they have done everything correctly at their end and there is nothing more they needed to do

[Hurricane Puffrose]

Re: O2 default

It's my O2 too too too, too good to be true true true...

I'd love to have more possitive news for the OP, but, H L C are right in this instance.

[sihaworth]

Re: O2 default

if the details they send you have no record of any changes to the address, it is your word against theirs.
Also if there is proof letters and texts were sent, they have done everything correctly at their end and there is nothing more they needed to do

Sorry, that was my point, what if there is no proof e.g. they've destroyed the records?

[wales01man]

Re: O2 default

If there is no proof from them do you have your own proof if not its as Puff says your word against theirs

[Mr $quanda£ot]

Re: O2 default

What a stupid name for a mobile network!

Always preferred vodafone.

Having said that, the same rules apply whichever network you are using I.e. check all bills, especially the final ones and raise all disputes straight away and in writing. If corresponding by email, keep the relevant emails safe.

[sihaworth]

Re: O2 default

If there is no proof from them do you have your own proof if not its as Puff says your word against theirs

A copy of the letters sent notifying them of address change, but not proof of delivery unfortunately.