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Defaults and all

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  • Defaults and all

    Hey guys,

    As some of you will be aware, I was fighting against o2 for a long time because they took near to 500 out of my account for a bill that was £35 no idea why they took the whole amount and they have never explained etc, however after waiting 2 weeks then to be told they forgot to action and waited a further 3 weeks to get it back etc, by the time it came back to me and I was ready to pay and get back on track for their error they sent me a Default notice, Apparently I hadn’t paid my bill, No S**T you took all the money I had out of my bank!!

    Anyway They have sent it to a debt collectors while I was waiting for replys etc, What could I do I actually work with the Guy that was collecting it turned out so I wasn’t going to give him trouble SO I agreed to pay of half the debt in one go, Im STILL waiting for replys but I want to A) dispute it at all because I can’t asked debt collectors to wait while o2 move their arses.
    B) Want to know if this will put a default against my credit ref as it totally unfair even if I end up paying of the debt I do not want their black mark near my name.

    What can anybody recommend and what other cases have been heard like this.

    Cheers Legal Team
    x

    OPBC
    ~Never has PPI refunds been owed to so many...by so few~

  • #2
    Re: Defaults and all

    Oh and Can sombody let me know if this is in the wrong place and i will remove and move it to the correct placement

    cheers Beagles
    ~Never has PPI refunds been owed to so many...by so few~

    Comment


    • #3
      Re: Defaults and all

      If it does put a mark on your credit file then you should have it removed as it is acknowledged to be O2's cock up. I would hope they will also offer you compensation once they sort this out, what a nightmare.

      Definately dispute the debt with the DCA - tell them what happened and tell them to return to debt to O2, as they have been given it incorrectly.

      And give O2 a rollicking over it as well.

      Case that springs to mind is the Durkin / PC World one ? But I'm sure some more legally minded people will have better ideas.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Defaults and all

        Really Appreciate that Ame, I wrote to them the other day asking them either to sort this all out or alternatively take the debt away and restore my contract, along with taking of the default etc.

        Hope it goes well I can't remember when I sent the Letter Exactly, but it was either last monday or the one before, and they are kindly taking their time over it.

        I have started to pay off the Debt to the Collector which I probably shouldn't do at the moment but hopefully I get a response very soon.

        OPBC
        ~Never has PPI refunds been owed to so many...by so few~

        Comment


        • #5
          Re: Defaults and all

          Probably not, but I think I would do the same to protect my credit file as much as possible. Probably what they count on but you have to look out for yourself and decide what is most important at that point of time.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Defaults and all

            Hi,
            Have you sent 02 a Subject Access Request? They are the ones at fault, and once you sort them out they should call off the dogs. As Ame says, you should be compensated if they are at fault.
            Did you give them a timescale for response?
            If it's over 2 weeks I would send them the SAR and a strong letter asking for a copy of their complaints procedure. Send it by Recorded Delivery.
            Just my opinion.

            Shepherdess x

            Comment


            • #7
              Re: Defaults and all

              As has already been stated I would write to O2 but either as a letter before action to their legal dept or to their complaints dept but copying in the CEO.

              I would advise them that the default is an error and in light of the Durkin vs DSG Retail ltd they should seek to sort this out sharpish otherwise you'll have no other recourse but to pursue them in the county court where you feel sure with the evidence you have and the case law of the Durkin case you will win.

              Meanwhile I would a) Raise a complaint with the ICO for them marking a default in error (they have a duty of care to report only correct information) and b) Get that SAR sent off so you can prove everything.

              Mr Durkin got £8k for the damage to his credit file :-)

              S.
              I thought I knew something, but now I know nothing

              Comment


              • #8
                Re: Defaults and all

                Sweet, hey thats brilliant Guys, Thanks for the advice is there a standardised letter somwhere on Beagles to send to them ive sent one of course, but thats simply just a pleading kind of letter saying where i think they've gone wrong and to make sure my credit file isn't damaged which it is by the looks of things.
                SAR i will do today and get that off to them aswell. As for the Dogs its too late for them, But can I say to them even though i've paid off £100 that i don't want to pay it until its sorted and what can they do in retaliation, (do i have to show a copy of the letter?)

                I will look up that case and see what similarities there are to compare and get judgment correct.

                One last questions how, would i find out the CEO

                you guys are awesome a thanks to you all

                OPBC
                ~Never has PPI refunds been owed to so many...by so few~

                Comment


                • #9
                  Re: Defaults and all

                  Hmm heres a Copy of my Letter to them, They've already had it once and no reply so today am sending agin, I alwasy send it to two places a place in Leeds and a complaints place. Bare in Mind Im welsh so my English spelling isn't the best as you will also see My Grammer is pretty bad aswell. If you think im babaling (only in the letter!!) advice would be openly welcome.


                  I am writing to you in interest of sorting out an ongoing dispute.In Light of the Durkin vs DSG Retial Limited.
                  I had an account with yourselfs(Monthly Contract), which still had about 2-3months left before we came into a dilema, I was happy enough with everything and nothing was wrong with my contract or payments.However it came to a point where you took too much money from my account infact, instead of taking £35 contracted amount you took over £400 which has been and was at the time admitbaly(by several people working there for you) your mistake, and should never have happend, so much so that at the time, I was told that t would be refunded in about 2 weeks, which was a little longer than i would have hoped for but never the less I agreed, following on 3 weeks later it had not happend. I then called again to enquire to be told that it had not been actioned, I felt let down, should that be the other way around im sure you would not stand for it.
                  To cut it short, I was offerd £35 discount which was equivilent to a months payment, even though at the time you taking that much money from ym account led to charges and non payment of some other bills causing no end of fustration and bother, I reluctantly had to accept or take nothing not even an appologie if i recall correctly.
                  I was led to belive that this would cover next months bill, turns out it didn’t about a month ago I had one Bill, saying ive defaulted, and your charging me the whole amout!
                  I find this slightly offencive and unbeliveable as your company had me wait for my own earnt money for 6-7 weeks and my bill should have been coverd by the£35 I was not informed otherwise and have lost my contract.

                  The saddening view is that I actually wanted to carry on this contract and keep paying as normal.

                  What I am here writing to you today about is, I would very much like to make sure that incorrect and unfair credit ratings are taken off my file as it gives me an unfair advantage in moving on from this and feel that it can scupper any chances of future matters. I do hope we can arrange somthing as i do feel unfairly treated under mitigating circumstances


                  Yours Sincerely

                  ~Never has PPI refunds been owed to so many...by so few~

                  Comment


                  • #10
                    Re: Defaults and all

                    Hi again,
                    It just needs sorting out a bit to clarify things. I know how aggrieved you feel, but now's the time to be businesslike rather than emotional.

                    I would suggest something more on the lines of:

                    FORMAL COMPLAINT RE ACCOUNT NUMBER xxxxxxx
                    Having had no response to my urgent letter of xxxx I now escalate this matter to a Formal Complaint.
                    As described in my earlier letter, I am attempting to resolve an ongoing dispute in relation to my former 02 account referenced above.
                    As you will be aware from my account records, 2 to 3 months prior to my contract renewal date you mistakenly debited my bank account with £400, instead of the due amount of £35.
                    When I queried this with your staff at the time, on several occasions they confirmed that the error was 02’s, and I was assured that it would be corrected within two weeks.
                    While I felt that, as it was your error, it should have been corrected immediately, I agreed to this in order to be reasonable.
                    On checking my account after 3 weeks I was concerned to find that no refund had been made. On phoning to enquire about this I was told that “the refund had not yet been actioned”.
                    Obviously at this point I felt very aggrieved that such a large sum of money had not been refunded to my account. By taking this money in error you caused serious problems with my bank account in that it left insufficient funds for other bills to be paid, and led to Bank Charges, which is clearly unacceptable and extremely distressing.
                    When I informed your staff of this I was offered a mere £35 discount, the equivalent of a months contracted payment, which I felt compelled to accept in the circumstances, although it did little to offset the damage caused.
                    No apology was made for the error, and ultimately it took almost 7 weeks for the £400 to be refunded.

                    Furthermore, I was led to believe that this £35 would cover my next month’s payment, but your billing department did not take this into account.
                    As a result, on xxxx date I was shocked to receive a Default Notice demanding full payment, following on from which I was contacted by xxxxxx Debt Collecting Agency.

                    I have been more than reasonable in this matter, and while informing your agent that the account was disputed, I have nonetheless agreed to make payments whilst attempting to sort the matter out with you, in expectation of a refund on resolution.

                    I feel that I have been treated very unfairly by your company. I always made my payments on time and until this error was happy with the service and intended to continue my contract and make monthly payments as normal.
                    I feel that you breached the terms of the contract with your billing errors, and write to request that in view of the circumstances you cancel the alleged outstanding balance, refund any payments made to xxxx debt collection agency and ensure that any defaults or late payment markers placed on my credit file are removed.

                    Please respond within 7 days confirming your intentions.
                    If I receive no satisfactory response then I will have no alternative but to take legal action, and refer you to Durkin vs DSG Retail.

                    Yours faithfully (if writing to unnamed Sir/Madam)
                    Yours sincerely (if named)
                    Wait and see what others think too, it's just my opinion.


                    Shepherdess x

                    Comment


                    • #11
                      Re: Defaults and all

                      No your totally right especially if it ended up in front of a judge or somthing, don't want to look to much of a prat

                      Ill I Give that a go and edit, I was tryign to find the appropriate letter.

                      You've saved me time and effort, Very Greatful

                      cheers

                      OPBC
                      ~Never has PPI refunds been owed to so many...by so few~

                      Comment


                      • #12
                        Re: Defaults and all

                        *UPDATE*

                        It appears o2 have re-instated my contract. I had recieved an email yestarday, saying my new bill is £24 and I can now login again and my number is usable apparently. I don't have the simcard so can't check, and also havn't had a letter explaining, however ive not had an itemised bill from o2 for sometime so it looks as though ive got my contract back.

                        Can somebody tell me now, how do I go about getting that £100 back from the Debt collectors guy, Its with Wescott if that helps but he WAS due to come on the 17th to get the remaining balance - looks like ill be collecting of him though

                        OpBC
                        ~Never has PPI refunds been owed to so many...by so few~

                        Comment


                        • #13
                          Re: Defaults and all

                          thats great news mate, though make sure o2 know its not the end of the matter as you are still out of pocket due to a company acting on their behalf.

                          Id advise going online to o2 and getting some account statements, which you can forward to the DCA along with a cover letter explaining o2's error, enclosing statements as proof and then asking for your money back. Its also very possible the DCA will already have forwarded the money to o2 so keep an eye out for a 100 credit to your account. £100 doesnt just go missing

                          Congrats on the success so far - though frankly after what o2 done to you and my wife as well (see my 'straight to collections' thread) I wouldn't be continuing a contract with them myself.
                          Advice given is offered as personal opinion only. I always recommend you seek professional legal advice.

                          Negative, I am a meat popsicle

                          Comment


                          • #14
                            Re: Defaults and all

                            Im not totally sure i will, but its only until October now so id pay 2 months to easily get rid of the Default assuming they have, So as long as I can get a note or something from o2, could wescott not just give me the cash back as i gave to them i don't really want that £100 to go against my contract. i don't like the way they can easily empose a default to people and take money with a click of a finger but when I want the money back it has to go through proccesses. It what got me in this mess in the first place.

                            Are there any letters templated here i could send to Wescott?

                            I've read your o2 problems aswell Shamen, its awful, o2 seem to just place defaults on anybody.


                            Thanks.
                            OPBC
                            ~Never has PPI refunds been owed to so many...by so few~

                            Comment


                            • #15
                              Re: Defaults and all

                              Also Forgot to mention as I ot over excited, I will publish the letter tonight, Howevef o2 have put in their letter along the lines of " we will not be taking the default of your credit file but we will show it as paid" .....?? Is this acceptable?? I don't see how they can accept they have done wrong but only do a half arsed job at clearing it up. (also any help writing to the DCA would be of great assistance ))

                              OpBC
                              ~Never has PPI refunds been owed to so many...by so few~

                              Comment

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