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O Dear O2

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  • O Dear O2

    Losing his home because of 02
    A businessman says he could lose his home after a mobile phone firm wrongly told credit reference agencies he had not paid his bill.
    John Peters believes the blunder by O2 ruined his credit history and triggered a chain of events that threw his finances into turmoil.
    As a result, the 42-year-old, who runs an internet business, fell behind on his mortgage payments and he, his wife and two young children now face being evicted.
    The problems began two years ago after he was given an upgraded handset by O2.
    An error with his account meant the company could not collect monthly payments by direct debit, so instead he paid manually each month.
    But when he applied to his bank for an £8,000 business overdraft to advertise his firm, he was shocked to be turned down.
    NatWest told him 'a telecoms company' had placed a negative note on his credit file, meaning other creditors and companies would consider him to be a high-risk customer.
    'I immediately went online and got my credit reports from Equifax and Experian, and sure enough it was there - even though I was completely up to date with my payments,' he said.
    He later found out his mobile account had been deemed ' pending' - and that had been enough for NatWest to turn down his application.
    Mr Peters says O2's customer services eventually sent an email telling the bank his bills had been paid, but NatWest refused to change its mind.
    It later emerged O2 had placed 11 months of missed payments on his credit file, which he says resulted in his losing a vital remortgaging deal on his home in Wakefield, West Yorkshire.
    He fell behind on his repayments, and now the family home is to be repossessed unless he can find some money soon.
    Mr Peters brought an action against O2 in July at Huddersfield county court under the Data Protection Act and claimed £100,000 in damages.
    O2 did not defend the claim and a date has been set when a judge will decide the amount of compensation.
    O2 said it had only recently become aware of the legal action by Mr Peters and added that it had not received a claims form. Yeah right! how many times have we heard that from the likes of 02

    A spokesman added: 'We are currently looking into the matter and are considering whether to make an application to set aside the default judgment.' I hope the judge sees sense & tells them to bugger off

  • #2
    Re: O Dear O2

    Am I the only one thinking that this doesn't seem quite right?. Surely if he's been managing to pay the O2 bills as well as his mortgage for 11 months, and was in a good enough financial position to approach the bank for a loan of 8k, he could have carried on with his current mortgage although he didn't get the remortgage? Why was the remortgage so "vital". Or am I missing something?. It just seems to me that the phone bills must have been very high to mean the difference between losing his house or not..... £100k compensation seems a bit much to go for. I had adverse credit placed on my file which resulted in not getting a further advance on my mortgage a few months ago (the joke was it was my own mortgage company that had put the wrong info on my creidt file) okay, it didn't result in eviction, but I asked for compensation and got £100.

    I think we'd need to know a lot more of the circumstances before making a snap judgement. Or am I just cyncial?
    Is no longer here

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    • #3
      Re: O Dear O2

      Simple 02 like many others will default you unless you pay by DD & the guy, because of a previous cock up by 02, paid each month by cheque

      This also meant that ha couldn't consolidate his loans from a high rate to a lower one & because the bank refused him development funds he wasn't able to promote his firm hence missed loan & mortgage payments

      Just shows the extent of the damage these firms can cause with their false data & shoddy practices

      Also remember he's got the CCJ A'll that is now to be decided is how much
      Last edited by righty; 8th September 2008, 15:24:PM.

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      • #4
        Re: O Dear O2

        Well O2 may well get a set aside, loads of them seem to claim they haven't had the paperwork etc then drag it out. I have to say that I've paid O2 before by debit card and cheque, and not been defaulted. All I'm saying is there may be more to this than meets the eye.
        Is no longer here

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        • #5
          Re: O Dear O2

          I think I'm with you on this one Wendy

          As a result, the 42-year-old, who runs an internet business, fell behind on his mortgage payments and he, his wife and two young children now face being evicted.
          If he was paying the mobile bills, then thats nowt to do with why he couldnt pay his mortgage and that will be more the reason he couldnt get a loan or a decent rate for a new mortgage.

          I agree with getting compensation for the errors on his file that O2 made, but dont think that they are responsible for his whole situation.
          As for £100K, I think O2 will get a set aside and that he will be lucky to get a fraction of this figure
          Last edited by Paule; 8th September 2008, 15:33:PM.

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          • #6
            Re: O Dear O2

            So have I which is why I know they do default you unless you pay well before the due date & they ain't the only one
            ------------------------------- merged -------------------------------
            pkea they didn't just default him once but each month for many months Also such defaults will for certain have a serious adverse effect on your attempts to obtain credit'

            The lenders see a default as a default no matter who put it there.

            Phone companies, particularly mobile, have ruined many a credit rating
            Last edited by righty; 8th September 2008, 15:32:PM. Reason: Automerged Doublepost

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            • #7
              Re: O Dear O2

              Righty, can you confirm what you are classing as a default, which is usually over 8 missed payments on your credit file

              We only have the story to go on, and i beleive they will probably have just put a missed payment marker on each month.

              From what i understand about CRA you go up from 2, 3, 4 missed payments till you get to a default then that default markers stays until its settled.

              And not that there is a new default lodged every month, as once you have defaulted thats it until its cleared then you can default again.

              I think it s just the papers spin on a story because of the large sum involved, and I wish him good luck but i dont think he will suceed in it

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              • #8
                Re: O Dear O2

                were they defaults or late/missed payment markers?

                Not disputing that these mistaken "defaults" would have affected his ability to gain credit, but that if he couldn't afford to pay the mortgage he'd already got then O2 might not have been the whole cause of the situation.

                All me and PK are saying is there might be more to it than meets the eye.
                Is no longer here

                Comment


                • #9
                  Re: O Dear O2

                  From another thread to explain my rambling in my previous post

                  Legal Beagles

                  Originally posted by PKea View Post

                  Explanation of Status History from Experian


                  0
                  Payment up to date

                  1
                  Up to one payment late

                  2
                  Up to two payments late

                  3
                  Up to three payments late

                  4
                  Up to four payments late

                  5
                  Up to five payments late

                  6
                  Up to six payments late

                  8
                  The account is defaulted. You have failed to keep to your credit agreement and have not responded satisfactorily to requests to put
                  your account in order. As a result the credit agreement has ended

                  U
                  The lender has not been able to give the account a status for this month. This may be at the start of the credit agreement when the
                  lender is allowing time for the account to be set up; when the customer has received the goods but payment is not due to start
                  immediately; when there is a dispute over the payments due or the goods received; or when the account is not being used.

                  D
                  The account is not being used - no amount is owed

                  ?
                  The lender has not given a status to the account this month - no amount is owed

                  [ ]
                  Brackets indicate most recent status

                  Comment


                  • #10
                    Re: O Dear O2

                    Every payment he made was registered as late. & why on earth would he even issue proceedings against 02 if he couldn't hold them liable for his situation.

                    Also I would remind you that despite his action being for defamation the judge has upheld his complaint which even though undefended must mean there are reasonable grounds to award judgment

                    Comment


                    • #11
                      Re: O Dear O2

                      If he was on a fixed rate mortgage and when that came to an end he was unable to get another fixed rate mortgage, due to the markers, which made him fall behind on mortgage payments that led to reposession I could understand it. The £8000 loan for advertising his business doesn't seem quite as tangible.

                      Interesting to see how it pans out.
                      #staysafestayhome

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