Defaults and all

[shamen]

Re: Defaults and all

That seems rather unfair to me. Look forward to seeing what they wrote.

[PocketTheDifference]

Re: Defaults and all

My Lord been so long i didnt even reaslise it, Well I still havnt put up the letter which i will scan at some point,
However apparently the 100£ i gave them just to stop them pestering they are keeping....the letter says also that there will be no charges to myself, yet on my bill balance there is a £25 bill on there and it says not what it is for.
ON TOP of that, they are also claiming that they will not remove the default against my name as I did default....(excuse me!!) although I actually didnt - But they will put down that i dont owe that money any more, they are a joke O2!!

any help here guys?

Cheeers OPbC

[shamen]

Re: Defaults and all

They joys of o2. They did similar to my wife, basically closed her account as she requested, canceled the direct debit from their end and didnt send out a final bill (saying she had to check online - where she was not registered to do so and could not because her account was now closed!). So she has 4 late payment markers on for that account that they are refusing to take offf or the sake of the 45 quid she paid as soon as they phoned up asking for it (via wescott no less). No paper reminders. Nothing until the westcott bill. They agree she couldnt get in to view the bill, and that they sent none, but they think that is ok and the credit markers should stand.

In your case, Id look at it this way:

-o2 took 500 pounds out of your account on Day 1
-They noticed the mistake when you informed them and also offered a 35 credit.
-You may have incurred financial losses due to their error (bounced DD charges, had to borrow money and pay interest on that to cover your outgoings during their screwup etc)
-Some time later they sent a default notice and applied it to your credit file
-The 35 credit was not used to cover your next monthly bill, nor was any of the other 500 they had of your money
-They then reversed the error and said 'you now only owe us 25' but did not remove the default

I think you have a good ground to launch a small claims action. You have asked them to correct inaccurate data (the default) and they have refused (so the DPA act applies). You also have a right to claim for any financial loss and costs you incurred during that time (eg, bounced direct debits or other bank charges due to their error, your time writing letters, any financial loss you may have incurred due to the adverse credit report)

The simple fact is, they defaulted you and applied this to your account when they had 500 of your money - that means your o2 account must have been, taking into account any monthly charges, at least 450 (if not more) in CREDIT at the time. Regardless of if it was a 'mistake' o2 had 400 of your money when you owed 35 or so, so you were in credit with them. They then had the 35 credit they applied to you too. Until that refund is issued and hits your bank, then your account with o2 is in credit so I have no idea how they can apply a default. full stop. I don't think any judge would side with them in this case.

Id issue o2 a SAR asking for all account notes and billing records and then, along with your own copies of letters, emails, notes etc. Then launch action in the county court to get them to comply to DPA (removing the default from your file) as well as cover your costs and financial losses you have suffered. I bet they dont even turn up in court TBH.

[PocketTheDifference]

Re: Defaults and all

Wow I really appreciate it, I thought it about time i lauch it again, I've also got to get off my backside and carry on with my PPI claim, as that would give me back quite a lot of money alone, What you say is an awesome summary and must say a little inspiring to go on with.

I am tonight going to write to them and send them one last chance letter to correct this mistake, as like you said they offerd me £35 for the troubles, but infact i didnt get that and instead got a default notice! HA jokers arn't they how can they get away with these things SO easliy, credit checks should be "checked" before just easily being put against names!!

Although what you have said above is brill, you have put on there, all i owed them was £25, that infact isn't true they letter states that they have taken the £100 and that i now owed NOTHING so where this other £24 is from i have no idea!

Cheers Sham Ill try write up the orig letter and somthing like what im going send them as last chance option.

One last question, Wescott (the DCA) can they put defaults on your account as the guy turned up on my door and when i explained he said "oh i dont deal with that sort of thing you will need to phone WEscott" which to be honest i havnt done, why should i have to now chase the DCA for somthing i never owed, I know its for my own benefit but you know what i mean.

OPbC
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Sorry also wanted to ask, When the DCA came over i gave £100 to him from pressure really, No im not sure who has that money, but somebody is keeping that, when i actually didnt owe anything I REALLY REALLY need help retreiving that please if somebody can, its hard enough living with no money without people thiniing they can just help themselves whenever they like just as o2 are.

[shamen]

Re: Defaults and all

Westcott cant put any defaults on your file. Only o2 can unless o2 sell the debt (you would get 'notice of assignment' if thats the case)

Check your o2 statements, if you paid westcott 100 it should show up on your statements. Did you get a receipt?

[WendyB]

Re: Defaults and all

However apparently the 100£ i gave them just to stop them pestering they are keeping....

any help here guys?

Cheeers OPbC

they letter states that they have taken the £100 and that i now owed NOTHING so where this other £24 is from i have no idea!

OPbC
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when the DCA came over i gave £100 to him from pressure really, No im not sure who has that money, but somebody is keeping that, when i actually didnt owe anything I REALLY REALLY need help retreiving that please if somebody can, its hard enough living with no money without people thiniing they can just help themselves whenever they like just as o2 are.

OPbC, I am a bit confused here. How many 100 quids are there floating around? From the quotes above, you have said, twice, that the 100 you gave them they are keeping. Which 100 quid and when did you give it them? Presumably this is the same £100 that you gave to Westcott? In which case, it would appear that the £100 you gave to Westcott has been passed to O2 and been credited onto your account. If this is the case then Westcott aren't going to give it back to you, simply because they no longer have it.

Please forgive me if I've got this all wrong, but I've read your thread loads of times over the last few weeks and something has been bugging me, it just never clicked what it was until tonight

[PocketTheDifference]

Re: Defaults and all

Ahh thats where I am going wrong sorry wendy, Yep there was just the one £100, I just wished that I hadn't of given it, becuase they still would have wiped the slate clean and had no charges slightly agrivating, but none the less its done now
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Hi Shamen just read that post aswell, it was o2 that said they defaulted not Westcott, O2 have said they wont remove it or anything so....that the only issue left with them now, Im not really willing to accept that they can just default and leave it there although they have admited i didnt actually default haha!