Credit Report Default

[786]

Hi at the start of May 2012 I obtained my Credit Report and noticed there was an o2 account with 5 late payments. There was 2 o2 accounts on there, 1 of them is my contract and the other one I wasn't sure about. So I asked my brother and he said it's his contract. Me and my brother have the same name and sams address, so the o2 store made a mistake and put it under my date of birth as i already had a contract with them before that my brother's contract and ended up on my credit report. None of my bank details were used and all the direct debit and credit card details were made from my brother's bank account. I have spoken to o2 about this and explained the whole situation but they are not willing to accept that their employee made a genuine mistake and they keep turning round and saying because it's under my date of birth, I am liable, they are being extremely stubborn about it, but how am I liable when all the payments have been made from my brother's bank account and not mine? My brother has even said he is willing to provide proof and take it on to his credit report but o2 don't care and reply back to me through Email saying they are not in the office and for me to ring their office. I ring their office, they tell me to Email them. So they are messing me about big time. All i want to do is have it removed from my credit report.
What is the best thing for me to do? I am thinking of changing my name and getting a new credit file thanks to o2's stubbornness because now i can't get a mortgage and i have to suffer because of a mistake made by o2 employee.

[Hurricane Puffrose]

Re: Credit Report Default

hiya hun,

Im ex o2 staff so I will attempt to help you.

Firstly, no matter who's name the bank account is in, who is the named account holder?
o2 will accept a contract in say, the mums name and the payments in the sons for example. It's the name of the account holder that matters (phone account).

Secondly, did you sign for the contract at all? When a new contract is taken out it is EXTREMELY difficult to set it up in the wrong name, a new account will not automatically show a previous account. So if you had an Orange account and your brother took an orange account, the shop cant tell unless you physically tell them your phone number/account number.

did you offer to gaurentee his account?

which department is the account with? you need to follow the company's complaints proceedure, ask for the account to be placed in query.
That means the bills will be put in to be checked, however if the account is on contract, whos name is on the bills you recieve?

How long have you had this contract?

I know its a lot of questions, and im sorry if i seem to be questioning you, the more I know about the contract, the more i can advise.

[Hurricane Puffrose]

Re: Credit Report Default

ive re read this thread a a few things strike me,

firstly you say the account was taken out in store, were you present when the account was taken out? Literally at the start of a new phone contract you are asked for proof of name, address and bank details, there is no way that the store can see your account unless you say My account is xxxxxxx mobile number xxxxxxx its a total different system. that is the part that is puzzling me, as I've done it myself and I promise you (and I would say the same for 3, tmobile etc) you cannot see an existing contract on a new sales screen unless the customer asks for a 2nd account (mother for son) or links accounts (Mr and Mrs couple etc). If you have linked accounts (you have to ask to do it and its not a common practise) then the Mother Account holder (mobile no 1) is responsible for ensuring the bill is paid.

If you have taken the account out as Gaurentor, say your brother had problems obtaining a contract and you said I'll do it for him, then again the bill is your responsibilty and all defaults will hit your credit rating as you have taken responsibilty.

the main thing is to start off the complaints proceedure with 02, make a verbal complaint, then send in a written (email or handwritten) headed OFFICIAL COMPLAINT and await their response. if you are not satisfied, write to the CEO headed OFFICAL COMPLAINT ELEVATION. if still no joy, or 8 weeks have past, then go to Ofcom.

[786]

Re: Credit Report Default

Ok basically my brother went in to the store on his own with his passport and bank details. He took the contract out in December 2010. So he got the contract and in September or October 2011 he requested it to be made Pay As You Go. So from November onwards o2 kept sending a bill of £24 and as we both have the same name, we both end up opening each other's letters and I did see the £24 bill but I ignored it and gave the letter to my brother as my contract is an Iphone £46 monthly bill. So my brother just ignored it thinking o2 made a mistake because his phone became a Pay As You Go. So after half a year i see it ended up on my credit report. I even paid the outstanding balance of £24. There is no way my brother could have got hold of any of my I.D or Passport on top of that he used his bank details and passport so as far as I'm aware it seems as though the o2 store made a mistake.
I had no knowledge of this contract until May 2012. I've had my o2 account for over 2 and a half years, it's £46 monthly and have paid every single month on time and never made a late payment, some months i ended up paying over £150 due to internet usage etc but I've still paid it all on time.
Looking at my credit report, it's perfect, i had a good score, had lots of other accounts from other lenders which are all satisfactory apart from the o2 account with the 5 or 6 late payments and now my chances are 0% of getting a mortgage.
I have contacted all departments of o2, o2 complaints, credit file referrals, customer service, fraud department but unfortunately I haven't had any luck what so ever. Is there any other way I could get this sorted and get it of my credit file? A goodwill letter?
And oh ok so are ofcom ombudsman or something? Can i call ofcom or would i have to write to them? Also one last thing can I get the CEO Email or address by calling up customer services?
Thanks for the information.

[Hurricane Puffrose]

Re: Credit Report Default

ok ty for the info hun, it seems at one point there has been a transfer of ownership, though how the hell they have done it I have no idea.. when your brother asked to go to Prepay, was he given a PAC number.. and most importantly did he register it with Prepay? if he didnt, they his contract continued and (i used to do this every single day, and sorry if it sounds harsh) but if he recieved bills he ignored, and continued to use his phone the contract continued. he would have been told he MUST use the PAC number when it was sent.

Ofcom are basically the ombudsman for telecommunications, they have strict guidelines (hence my drumming the complaints proceedure in to your head) and unless you follow them they cannot help you.

CEO email address, there is NO WAY that the customer services will allow you to have that.. they will do everything in their power to stop you getting it, thats the rules.. but as I no longer work for O2 the rules dont apply to me anymore

ronan.dunne@o2.com

[786]

Re: Credit Report Default

To be honest, from reading your replies, it does seem odd how it has ended up in my date of birth unless ofcourse my brother gave my date of birth at the store which he is denying. However one quick question, in order to get a contract at the store, would they require I.D or would bank statement do? I have tried emailing them asking for the contract agreement but I'm not having much luck on that either. And even if my brother did use my date of birth without my consent is there anything i could do? I will ask him one last time to tell me everything before I Email the CEO and ofcom. But thanks for all your help, o2 are so useless they just keep replying I'm liable because it's under my name and date of birth

[Hurricane Puffrose]

Re: Credit Report Default

when you take out a contract you need proof of name and address, bank statement is fine.

if you have similar names (for example David and Darren Smith) it may be an innocent mistake on your brother's part that he took your bank statement by mistake, and if he signs his name D Smith thats one way its happened. But they do have to take date of birth, so it seems that someone has given yours.

From a staff point of veiw, when a new contract is taken out, a system named Gateway is used, this is an order system and the only time an existing contract can be seen is when you hit UPGRADE, and even then sometimes they call us in Retentions (disconnections) to put it through. Again, from o2's point of veiw, if you have been recieving bills for your brothers phone, why didn't you contact them when it first happened? They are allowed to take the opinion you were aware as you have been recieving bills in your name and therefore knew the contract existed.. though how it exists in your name is totally beyond me. your brother should have a copy of his contract from when he took out the contract.

Consumer Credit Agreements don't apply to mobile phone contracts, you can ask for a SAR at a cost of £10, this is all your details of contract, if you do decide to do this, I will be happy to have a look at it and translate it in to English instead of jargon. Please remove all your personal details first however.

Sorry its not really the answers you are looking for hun, but you've stumped me a little here.. Normally we would be advised to send anyone with a problem with a store bought contract in to store, but thats no use in this case, and its SO annoying to be told that. What contract is it? How long is the contract and how much time does he have left on it?

I also need to know if he ever registered, or took a PAC code from o2, how long after he received it did he register it? If he got a PAC it will have been text to him, and he should have everything in writing too..

When you call o2, I would also suggest you ask to speak to the Retentions Team regarding the move to prepay, they will have more experience, and remember if you ever want a call listened to by a manager, it must be within 6 months, or the sooner the better.

[786]

Re: Credit Report Default

Ok basically when I said we have the same name I meant same name as in for example John Smith, both first and surname name is the same, only middle name is different which we don't really use. I've spoken to my brother, he said he took his passport and bank details to the store, he asked to take out a contract and it was an Indian guy that gave him the contract but apparently the guy seemed a little unexperienced. Also my brother said he signed for the contract it's got his signature so that's one way of proving it was him who took the contract out and not me. However because I'm on the electrol roll and my brother isn't do you think that might be the reason it ended up in my date of birth?
And when the bills were coming through i handed them all to my brother as it was his contract, had i known it was mistakenly put under my date of birth i would have paid it straight away and told them to cancel it.
After speaking to my brother, he is saying that he will go to the Solicitors, explain the whole situation and get them to write a letter to o2 explaining that it should be on his credit file and not mine, however I'm thinking that probably won't work.
Also my brothers a little bit lazy so I'm not really sure what happened with the PAYG incident but that is what he told me.
I rang customer service, they told me to email credit file referrals. They Emailed back saying i need to contact fraud department. Fraud department told me to go to the store the contract was taken out in. In store they said they can't do nothing and to Email credit file referrals. And now credit file referrals are telling me to send an Email to complaints department. Complaints department emailed back saying they won't do anything about it as they think I'm liable and they don't think o2 could make a mistake.
So i guess I'm sort of confused and stuck and not sure what to do. My brothers saying to go through Solicitors but i was thinking of Emailing CEO like you said.

[Hurricane Puffrose]

Re: Credit Report Default

Email the CEO first, then you have properly filled the complaints proceedure and your back is clear, they cant say you have jumped the system.

Unfortunatly they are in the position to say to you the contract has run for x months, if the contract was wrong you should have got in contact within x (usually 28) days, as you have been accepting the bills without question they technically (please note TECHNICALLY) have the right to mark your credit file as you have (by not contacting them sooner) accepted responsibilty for the contract.
The advisor that sold the contract cannot see your personal details unless he accesses them via your phone number, and even then he cannot use those details to start a new contract, I hate to say it but truth be told, the only way he can get your birthdate is to be told it, or to be handed documents with your birthdate on it.

Maybe Ofcom can help you too, they may see it as a goodwill measure from o2 if they sort it, but if your brother wants to take legal responsiblity for his account, he (or in this case you as its in your name) need to call 02's retention dept and transfer the number to PAYG. (or another provider by PAC code, its the quickest way to disconnect).
YOU MUST REGISTER THIS WITHIN 30 DAYS EITHER WITH PAYG OR A NEW PROVIDER OR THE CONTRACT WILL CONTINUE!!! also, ensure you are in the last 30days of your contract, or your contract has lapsed (out of date) or you WILL be due for termination fees (usually your bill plus the amount of your monthly line rental till the end of your contract eg £20 bill, 3 months left at £20= £80) and if you are still in contract, you are liable.

ADDITIONAL INFO JUST RECIEVED.

My ex colleuge has just confirmed there is NO WAY the point of sale would be able to see your date of birth if a new contract is opened. The only time a 2nd date of birth is asked for is if the customer is asked for a gaurentor, and then the gaurentor must be present and sign the contract too. The only way the the sales clerk would have got your date of birth is to be told it.

You can ask for a SAR at £10 which will have all your details

[786]

Re: Credit Report Default

Ahhh ok well I'm actually so confused, so 'IF' my brother did use my date of birth without me knowing, looks like I'm liable. If my brother got the solicitors to write to o2 and Equifax saying he's responsible for the account and it should be on his, do you think there's a chance they will remove it? If not then is there anyway i can remove it through good will? Because i do have another account with o2 which i pay twice as much monthly as the other account and I've paid every month on time. I took it out in Jan 2010 and contract finished in june 2011 but i still carried on the contract.
But I might as well still Email the CEO and see if i have any luck of getting it removed.
Thanks for finding out for me

[Hurricane Puffrose]

Re: Credit Report Default

IF your brother took out the contract using your date of birth, to my knowlegde it is identity theft.

o2 may remove it on a goodwill basis, but that is just that, a goodwill basis. It sounds cruel, but o2 are not responsible for someone giving out your date of birth.. which unfortunatly is the only way that they would have got the details, and if yourself and your brother have the same first name they have no way of knowing that Mr John Smith is not the Mr John Smith he claims to be.

I'm not an expert on what will happen with a solicitor, especially as it seems as though your details were given out illegally, hence me not encouraging you to go down that route, simply as I don't know what will happen. They might take the default off, they may insist the account was opened with your permission as your date of birth was given and you have accepted the bills without question. There are cases of 21 year old brother taking a small amount contract (say a £15 a month job) for a younger brother who cant get his own contract, 3rd party billing is a common occurance.

Again, I would say this for any mobile company, all are basically the same. The problem you have is the length of time you have left before challenging the account. I was ask a friend to look over this regarding the misuse of your personal details, as I previously stated, for someone to use your details without your permission is Identity Theft, and i can promise you 100%, the only way the advisor in the shop would have got your dob is to be either told it, or be given your mobile number to look up.

Now, on to your existing lets call it Legal account.

your paying £150 per month some months? Whatever for?

Ask about an upgrade if your handset is good, ask about Sim Only packages which are a rolling 1 month contract, your tied in for a month after that your free to upgrade again but your tarrif will go up. I see you use the internet on your phone from your earlier post, ask them about a free of charge data bolt-on (some packages will give you that automatically) which give you a set (it used to be unlimited im not sure now) amount of data free of charge.
If you need a new phone, think of what you need, and keep your mind open to the offers they make you, the advisors know phones backwards honest! The phone everyone wanted when i worked there was a sirrocco, it was CRUD! didnt even look nice yet was worth £600!

hope this helps save you a little bit of money!

P