O2 credit report default

[786]

Hi, my brother took out a contract with o2 under my details fraudulently. We have the same name and address. Just the date of birth is different. He defaulted on the payments which resulted in me getting a default on my report. We got our solicitor to write a letter to o2 explaining the situation and asked them to remove the default from my report and put on to my brother's. All payments were made from my brother's bank. We provided passport copies and bank statements.
o2 then responded saying the account details they believe to hold are correct and they will not remove it. They wrote if I want to take it further, I should contact Ombudsman.
I then contacted Ombudsman. They investigated it and they said, o2 is not in the wrong here so legally they do not have to remove the default. If I want it removed I should obtain a crime reference number from the police they said. So Ombudsman closed the case down as there is nothing much they can do.
So I went and got a crime reference number of the police and rang up o2 fraud department. They tell me that because the Ombudsman have instructed they do not have to do anything about it they will not remove the default and will keep it on my file for 6 years even though I hava a crime reference number and I was a victim of fraud.
So then I called up Ombudsman and spoke to the manager. He explained to me that the case is closed because they cannot do anything but I should liase with o2 and get it removed. However o2 aren't willing to liase with me, they keep saying they will not remove it.

Is there anyway I can get this sorted as I did not take this contract out and I even have a crime reference number. Also I'm not sure why o2 never asked for identification at the point of sale to confirm the date of birth given.
Surely if I have been a victim of fraud, o2 should remove the default regardless of what Ombudsman say.
Can someone please help me and give me some advice as to what is the best way to resolve this. I am not going to give up until I get it removed no matter what o2 say. I cannot even get a mortgage, I've got my 25% deposit ready and all the paper works, statements, payslips etc but this default is making it impossible to obtain a mortgage. It was for £24 and I paid it straight away as soon as I saw the default on my account.

[Hurricane Puffrose]

Re: O2 credit report default

As I have previously advised in your former threads, there is no way an account can be opened without one of the following:

A passport,
A drivers Licence,
A utility bill in your name,
Proof for bank account

This must be given to the clerk in store (as the contract was taken out in store) and a credit check is taken there and then.

You recieve a bill within 14 days of you taking out the contract, and this is the time you need to contact 02 or any other provider and say "This was taken out without my knowledge, I need it cancelled".

If after the 14 days you have not cancelled this contract, you are responsible for that contract as it is your responsibilty to make sure the details are correct, therefore in this case there is very little you can do.

If you have contacted the Fraud team (and may I assure you I have had numerous dealings with them, they are red hot at their jobs and not a frogs burp passes them by) and they have said no fraud has taken place, they have liased with the police who have confirmed this is the case.

Your case is most unusual as I have never heard of brothers having the same first name, but if the Ombudsman has said there is no case for O2 to answer, then that is the case, there is no case for o2 to answer, the amount was not paid and you had accepted the responsibilty for this account, therefore the default is correct and they are not legally obliged to remove it.

[PlanB]

Re: O2 credit report default

I then contacted Ombudsman. They investigated it and they said, o2 is not in the wrong here so legally they do not have to remove the default. If I want it removed I should obtain a crime reference number from the police they said. So Ombudsman closed the case down as there is nothing much they can do.
So I went and got a crime reference number of the police and rang up o2 fraud department. They tell me that because the Ombudsman have instructed they do not have to do anything about it they will not remove the default and will keep it on my file for 6 years even though I hava a crime reference number and I was a victim of fraud.
So then I called up Ombudsman and spoke to the manager. He explained to me that the case is closed because they cannot do anything but I should liase with o2 and get it removed.

Is there anyway I can get this sorted as I did not take this contract out and I even have a crime reference number. . . .

Can someone please help me and give me some advice as to what is the best way to resolve this.

O2 are wrong and so is the FOS (or was it the Ombudsman Services - Communications?) :nono: They cannot finally "close" a case until the Independent Assessor says so. Read this:

http://www.financial-ombudsman.org.u..._reference.htm or this http://www.ombudsman-services.org/do...L%20REPORT.pdf

The Ombudsman told you to get a crime reference number so you got a crime reference number. So what's their problem? Make a formal complaint about the service level you have received from the Ombudsman.

I've had five Ombudsman Adjudicators/Investigators tell me that my various cases have been closed and then I escalated them to the real Ombudsman level and my complaints have been upheld.

Keep going because you have not exhausted the process yet :typing:

[786]

Re: O2 credit report default

Basically this was taken out in 2010, I don't have a clue how it was taken out without any of my identifications. Also I did not recieve a bill within 14 days and even if I did, then that means my brother must have hidden it from me. We have the same first name and surname but different middle name which does not come up in utiliy bills 'if' that is the form of identification my brother used which could have been his bill or mine.
I reported this matter to the Action Fraud team not o2 fraud department, I was told by the police to give o2 the crime reference number and that they should remove the default.
However, if I have a crime reference number, doesn't that mean that I was a victim of fraud and that I never took this contract out which then surely it should be removed?
The main confusion statted when my brother lied to me and said he took all his details and o2 mixed up the D.O.Bs which I then contacted o2 saying they made a mistake and that it's their fault for the misale.
So basically what you're saying is that there is nothing at all that can be done to remove this default?

[786]

Re: O2 credit report default

O2 are wrong and so is the FOS (or was it the Ombudsman Services - Communications?) :nono: They cannot finally "close" a case until the Independent Assessor says so. Read this:

http://www.financial-ombudsman.org.u..._reference.htm or this http://www.ombudsman-services.org/do...L%20REPORT.pdf

The Ombudsman told you to get a crime reference number so you got a crime reference number. So what's their problem? Make a formal complaint about the service level you have received from the Ombudsman.

I've had five Ombudsman Adjudicators/Investigators tell me that my various cases have been closed and then I escalated them to the real Ombudsman level and my complaints have been upheld.

Keep going because you have not exhausted the process yet :typing:

Thank you ever so much for the information. It's extremely helpful. Either way I think o2 are in the wrong because so far, they have not provided me with any of the information or copies that were given at the point of sale. They haven't got any copies of my bank statements, I.Ds or passport which means none of my Identifications were used to open up this account.

[PlanB]

Re: O2 credit report default

I reported this matter to the Action Fraud team not o2 fraud department, I was told by the police to give o2 the crime reference number and that they should remove the default.
However, if I have a crime reference number, doesn't that mean that I was a victim of fraud and that I never took this contract out which then surely it should be removed?
The main confusion statted when my brother lied to me and said he took all his details and o2 mixed up the D.O.Bs which I then contacted o2 saying they made a mistake and that it's their fault for the misale.
So basically what you're saying is that there is nothing at all that can be done to remove this default?

Of course O2 are in the wrong. Report them to the ICO and here's how you do it:

http://www.ico.gov.uk/complaints/han...iesbanner=true

[Hurricane Puffrose]

Re: O2 credit report default

Unfortunatly Plan B.. they are in the right.

The OP was aware the contract had been taken out in his name whilst the account was opened, he has had 3 previous threads regarding this and has been told the same thing each time, his brother took the account out in his name, and he did nothing to rectify it at that time, he accepted a full 18 month contract and only when the default was added did he tell them he was a victim of fraud.

He would have recieved a bill every month, which also should have rung alarm bells with him, and accepted them too, therefore to 02's mind he has accepted full responsiblity for this account, and no fraud has taken place as he was aware of its existance.

There is a 14 day cool off period on all accounts, and you recieve your bill in the first 2-3 weeks, if at this time the OP had contacted 02 and said, "This account has been opened fraudulently" they could have done something regarding it, but to leave it running is a sign he was happy for this account to continue and accepted responsibilty. (Please note: this is the same for any Mobile Phone company).

On a previous thread the OP stated he confronted his brother about this after receiving his first bill, and his brother admitted he had done it, but the OP allowed the contract to continue. Unfortunatly this is accepting responsibilty for this account and therefore accepting the markers on your credit file.

Also given the unusual circumstances about the op and his brother having the same first name.... again o2 cannot be held responsible for this, once again the onus is on the OP to ensure he told O2 that he was NOT the account holder and did not take responsibilty for it, something he failed to do.

I can also assure all posters that once an account has FRAUD on it, nothing on that account moves. The fraud department for 02 have one of the highest security ratings in the industry and work hand in glove with the Fraud Squad, nothing passes them by. I have known an entire unit be closed, with people in it, while Fraud have dealt with something they found suspicious.

[Hurricane Puffrose]

Re: O2 credit report default

Basically this was taken out in 2010, I don't have a clue how it was taken out without any of my identifications. Also I did not recieve a bill within 14 days (on 2 of your former threads you have stated that you were aware of this bill, confronted your brother and were not worried as the monies were coming out of your bank) and even if I did, then that means my brother must have hidden it from me. We have the same first name and surname but different middle name which does not come up in utiliy bills 'if' that is the form of identification my brother used which could have been his bill or mine. In your previous posts you stated your drivers licence was used, then your passport. I can assure you rigorous checks are taken when taking out an account, and I have been advised since 2009 a PHOTOGRAPHIC form of ID has been requested too.
I reported this matter to the Action Fraud team not o2 fraud department, I was told by the police to give o2 the crime reference number and that they should remove the default.
However, if I have a crime reference number, doesn't that mean that I was a victim of fraud and that I never took this contract out which then surely it should be removed? Not if you accepted responsibilty by not cancelling the contract when you first became aware of it. As you stated in previous threads, you were aware he had done it, but did nothing until the default notice was added, this is accepting responsibitly for the account, and therefore accepting the credit marker too.. 02 legally do not have to remove this default.
The main confusion statted when my brother lied to me and said he took all his details and o2 mixed up the D.O.Bs which I then contacted o2 saying they made a mistake and that it's their fault for the misale.
So basically what you're saying is that there is nothing at all that can be done to remove this default?

If this default is removed it will be as a goodwill measure, as the Ombudsman has accepted that o2 are within their rights to add the default.
Unfortunatly, you accepted the contract as running, and therefore accepted that YOU would be a gaurentor.

[PlanB]

Re: O2 credit report default

Unfortunatly Plan B.. they are in the right.

The OP was aware the contract had been taken out in his name whilst the account was opened, he has had 3 previous threads regarding this and has been told the same thing each time, his brother took the account out in his name, and he did nothing to rectify it at that time, he accepted a full 18 month contract and only when the default was added did he tell them he was a victim of fraud.

He would have recieved a bill every month, which also should have rung alarm bells with him, and accepted them too, therefore to 02's mind he has accepted full responsiblity for this account, and no fraud has taken place as he was aware of its existance.

There is a 14 day cool off period on all accounts, and you recieve your bill in the first 2-3 weeks, if at this time the OP had contacted 02 and said, "This account has been opened fraudulently" they could have done something regarding it, but to leave it running is a sign he was happy for this account to continue and accepted responsibilty.

I'm with O2 and I have online billing so no bills are sent to my address. If the OP's brother gave O2 an email address for his statements no bills would have been sent to the OP's home and he could have remained in the dark until the problem flagged up on his CRA file.

I can't comment on whether failing to report a fraud makes the victim liable for any financial loss or negative consequences because I'm not a lawyer. If the OP had use of the mobile that could imply a conspiracy to commit fraud but it would be hard to prove.

If the OP isn't happy with a Default registered on his CRA file then he can force them to apply a Notice of Correction to the file stating his reasons. This will remain on the file until the OP asks for it to be removed. It's also sent to anyone who has searched his file in the previous six months in case they want to review an application which had been declined. Here is Experian's explanation of how to do this:

http://www.experian.co.uk/consumer/faq/AR5.html


I've only had a quick glance at the OP's other threads and it's not clear whether O2 has marked his account "Fraud". If that's the case then CIFAS would have been informed and that would also show on the OP's credit file which could help to explain away the Default to anyone searching the file. I've had this when someone took out a Pay & Go phone in my name and ironically it was on O2 . Obviously I wasn't charged for the calls but I was sent a bill for the handset when the in-store method of payment (stolen credit card?) turned out to be fraudulant. At the time it was suggested by the police that it was "an inside job" because I was also an O2 customer

CIFAS has a National Fraud Database and a Staff Fraud Database and you can contact them direct:

http://www.cifas.org.uk/cifas_freque...sked_questions

[Hurricane Puffrose]

Re: O2 credit report default

I'm with O2 and I have online billing so no bills are sent to my address. If the OP's brother gave O2 an email address for his statements no bills would have been sent to the OP's home and he could have remained in the dark until the problem flagged up on his CRA file.

On his previous posts, the OP stated he "Showed his brother the bills".

If I honestly thought he had a hope of getting this default removed, then I would be 100% behind him finding out how to do it, but I honestly do not think that in this situation this is going to happen.

I have never had to do this on a thread before, and you must all forgive the cloak and dagger approach here, but I have to now say I will withdraw from this thread due to proffessional reasons.
It has come to my attention that for me to continue with advising I could possibly do more harm than good, and I would not cause any problems to LB at all.
My apologies to the OP, but my loyalty to my friends and this site have to come first. I wish you every luck in the removal of this default, but I cannot see it happening if I am very honest.

[CleverClogs]

Re: O2 credit report default

Your case is most unusual as I have never heard of brothers having the same first name

Does his sister also have the same first name?

[786]

Re: O2 credit report default

I only found out this contract was under my name when I checked my credit report which at the time did not have a default but had something like a 7 month late payment and that's when I called up o2 and got all the information. When they gave me the mobile number, that's when I realised that it was my brother's contract. Also as we have the same name, most of the time we end up opening each other's letters, so when I saw the red letter o2 bill, I handed it to my brother because the mobile number and account number on the letter was the contract he took out. There were no monthly bills and it was not an 18 month contract, it was one of those monthly contracts or I think sim only contract, my brother went and cancelled the direct debit without telling o2.
But my question is, when someone takes out a contract, you must provide some sort of proof, o2 are yet to provide me with copies of identification which would prove it was definately my contract, so far, they don't have a single copy of my bank statements or any form of I.D.
And lastly, the reason Ombudsman have said o2 are not in the wrong is because it's not their fault, it was fraud but just because it wasn't o2's fault doesn't mean I have to be stuck with a default just because o2 didn't do enough to prevent fraud in the first place during point of sale. Ombudsman also closed the case down because I didn't provide them with further proof on time i.e a crime reference number because I was unwilling to grass up my own brother to the police for fraud.

[786]

Re: O2 credit report default

Another thing is that, my brother signed for the contract so it will be a different signature to mine and exactly the same as the signature on his passport. And most of the time, people realise they've been a victim of fraud after they take a look at their reports, not everyone will be aware they've been a victim of fraud straight away.

[786]

Re: O2 credit report default

Well after contacting their web team, I gave them the crime reference number and they passed the number on to their fraud department. I recieved a text from o2 3 days later saying:
"O2 have now closed the Fraud Account you reported to us and a letter will be sent to confirm this. Thank you
Fraud contact no 08448471420"

When they close the account down, doesn't that mean the account would be removed from my credit report?

[PlanB]

Re: O2 credit report default

Well after contacting their web team, I gave them the crime reference number and they passed the number on to their fraud department. I recieved a text from o2 3 days later saying:
"O2 have now closed the Fraud Account you reported to us and a letter will be sent to confirm this. Thank you
Fraud contact no 08448471420"

When they close the account down, doesn't that mean the account would be removed from my credit report?

Wait to see what the letter says when it arrives. But this suggests that O2 has accepted that the account is a fraudulent account and not your account or liability.

I would hope that means it will be removed from your credit file. Their letter should explain this