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  #1  
Old 22-01-2008, 08:16 PM
Sexyeyes83 Sexyeyes83 is offline
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Default O2 late payment markers

To cut a long story short, I cancelled my contract with O2 by phoning up in January 2006.

For some reason I kept receiving bills and in the end they past it to a DCA who attended the wrong address. After many letter and complaints it finally got to the complaint review executive who admitted it was an error in their part for continuing the contract and cancelled on all charges.

It wasnt until I recently got a copy of my credit file that i noticed late payments showing as follows -

July 2006 - 1
August 2006 - 2
September 2006 - 1
October 2006 - 2
November 2006 - 3

I contacted O2 and asked how many late payments I made, and they said on their system the only late payement I made (by a few days!) was October 2006. Im currently back in touch with the complaint review executive who is going to look into it.

I disputed this information with Equifax who continued to state they had contacted O2 and that it was correct. I then sent them the following -

Quote:
Although the reply may be considered adequate for the purpose of a Dispute I would like to point out the view of the ICO.

"Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly. Records where the accuracy is challenged can be marked as ‘under query’. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation.

Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file."

Simply stating O2 have confirmed this information is correct has not substantiated my complaint.
I request a notice of dipsute be placed back on the account until this matter is resolved.

I have attatched a letter from O2 received last year advising that charges were added to the account incorrectly. It is for these amounts in which O2 have admitted it was an error, that the late payment markers were placed.
This is their reply -
Quote:
The credit file loading of this account is accurate. We do put accounts in query- only if requested at the time of any billing issues, if requested by the customer. We can not do this however over a year later.
So their saying because this incorrect information is over a year old, their unwilling to help!
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  #2  
Old 22-01-2008, 10:47 PM
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I'm strongly suspecting that in most cases they never actually contact the company, as their responses are to much box standard when anyone is requesting a change in entry.

Only when I presented a letter from Lloyd's showing the entry was to be removed did they action it, the removal was part of the FOS settlement so the CRA couldn't have contacted Lloyd's.

If the CRA wants to hold personal data for 6 years they have to insure its correct for 6 years, whether you ask 1 yr or 5 yr and 10 months into the 6 years, and they have no choice but to correct it if it is prov en to be incorrect, their statement In my view is twaddle.

I woudl send that reply of to the ICO for thier comments.
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Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

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Old 25-01-2008, 09:57 AM
Sexyeyes83 Sexyeyes83 is offline
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Thanks Hocuspocus.

I have just contacted the ICO and explained the situation and they state that the advice given by equifax is wrong!! There is no time limit in relation to disputing information. They have told me to contact equifax back and ask that a notice of dispute be placed back onto the account and if they failt to do so the ICO will take up the complaint.

Its a start!
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Old 28-01-2008, 10:59 AM
Sexyeyes83 Sexyeyes83 is offline
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Just received a call from the complaint manager who dealt with my original complaint back in 2006 which related to O2 continuing my contract even though I had phoned up to cancel it. In the end I received a written apology stating it was their error.

Today the call was in relation to my dispute over the late payment markers which he said were all correct.
When I mentioned that I phoned up O2 and was advised I only had one late payment back in October and these related to the O2 error he stated "You were very lucky you didnt get a default due to the amount of late payment markers. I can adjust the dates, but as our systems are automatic it might add a default onto your account"

Not knowing what to say I told him to leave it and I would look into it. Ive since spoken to my partner who said they wouldnt be able to add a default onto a settled account that was closed over two years ago. Also if he said he could adjust the dates, surly that means they must be incorrect.

Ive also found a copy of my credit report that I ordered by post dated 28/06/2006. Its showing as the last entries for O2 being "121". Bear in mind this account was settled and closed in January 2006, since then they have added a further "2+3" late markers. Last update is showing as August 2006.

Something really dosent add up here because -

1 - O2 customer services say only one late payment in October 2005
2 - Credit report dated 28/06/06 shows "121" late payment markers
3 - Credit report dated January 2007 shows late payment markers "12123" - even though account was closed in January 2006
4 - Complaints manager said he could adjust dates, but it may give me a default, implying the dates are wrong
5 - I believe this is all due to O2 continuing my contract even though I had cancelled. Letter received dated July 2006 advising it was their error.

I think this maybe some sort of cover up - they have messed up and dont want to admit it. I think my only option at this stage is to do a full SAR and see what they hold.
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  #5  
Old 28-01-2008, 11:22 AM
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I had a similar problem with Telewest back in 2004, I settled an account and when requested an SAR, i discovered a note that said from one department to another, accept settlement but £70 will stay on customers account.

I never checked my experian at that time thinking i was settling the account, i now have a default for the amount that remained with out my knowledge.

If this amount is not written off correctly and no one is in control of the account, the account continues showing a debt, it may be at the year end, or year after the fact, they decided to register more missed payments as no one realized the initial agreement for closure.

My thoughts to move next on my case are, if i was in debt to you a that time ,then why have you not contacted me in between these events to request payment?

I'm not sure if this is along the same lines, but i am seeing that these phone companies are getting worse than the banks for wrecking a CRF at the drop of a hat, and not wanting to aid correction.

As a note if he adjusts the dates and you get a default they are in the wrong as they have to pre send a default notice and allow you 14 days to pay.
So what grounds has he got to default you now after the facts?
I would ring him back and ask what date will be applied to the default?, as it cant be later than the date you paid in full or settleed, As the account balance was zero from then on and you had less markers at that point.

So he can't have his cake and eat it.
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I will not be on the internet after the end of January 2009, so will not be around as much as usuall.
Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

" the cages we live in are often of our own making"

time for a life style change

Last edited by Hocuspocus : 28-01-2008 at 11:30 AM.
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Old 28-01-2008, 12:01 PM
Sexyeyes83 Sexyeyes83 is offline
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Its getting to the stage where im really fed up. Im fighting O2 and Nationwide who have both put incorrect info on my file, but its one hell of a fight trying to get it removed.

Below is my letter from O2 apolgising for their error. They continued the contract and I started to receive payment remiders. I contacted them and advised them of the problem and they said they would look into it. I didnt hear anything else so thought it was all sorted. It was only 5 months later I received a phone call from the person that bought my old house saying a debt collector had attended and left a note. Thats when I had to write letters everywhere to get it resolved, and below was the final letter I received.



Below is a copy of my credit file I ordered by post on the 28/06/2006. (This is a month before I received the letter above) It shows the £188 as being outstanding and the late payment markers of 121 (for some reason credit files by post dont show the month these payments were late - however considering the date I cancelled (01/06) and the date of the credit file (06/06) I would think its a pretty good guess to say this in relation to O2 renewing the contract without my permission)



Below are copies of my recent credit files showing the setteled date as 06/01/06. Isnt it strange that they have since added further late payment markers "2+3" after I received the first letter. None of it makes sense, yet O2 claim it is correct.





I honestly thought they would see this is an error on their part and remove the adverse info, how wrong could I be! Another long drawn out stressful battle ahead of me now

Im also really curious as to why the keep refering to me as "Mr" on all my credit files!!

Last edited by Sexyeyes83 : 28-01-2008 at 12:07 PM.
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Old 28-01-2008, 12:13 PM
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Do you know what date you were passed to Moorecroft? if you can get that to go with this letter, which states it was incorrectly passed, then its another bit of strength in your complaint. As you can verify at that date with the backing of the letter, that your account was closed and that O2 were processing your information incorrectly.

did you have any paper work from the settlement/closure? I notice you rang to cancel your contract, most suppliers will request it in writing with 30 days notice? I think this varies with some if you have gone over your first contract period.
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I will not be on the internet after the end of January 2009, so will not be around as much as usuall.
Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

" the cages we live in are often of our own making"

time for a life style change
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Old 28-01-2008, 12:58 PM
Sexyeyes83 Sexyeyes83 is offline
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Im not sure which date it went to the DCA, however im sure i'll be able to find out somehow.

After the DCA called at my old address I contacted O2 and aksed for proof that I renewed my contract. They stated they could not provide a copy of the telephone call becasue at that time there was a fault with the system (surprise surprise!), however she sent me out copies of all the bills from January 2006 and a copy of the renewal form which I have attached below.
In relation to the bills, at the time I onlt ever remember receiving one - which was when I phone up and they said the would look into it. I never heard anything back for months so presume it was all sorted - until the DCA called.

Here is the form which in their eyes shows I renewed my contract. I dont quite understand how it works, it looks like its come from an O2 email account bearing my last name, but I never have had an email account with O2. Once again it also calls me Mr

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Old 28-01-2008, 07:25 PM
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whats with the date of birth ..Ashford? and customers place of birth PC2081?

Is that a choice to put words in for identification? are they yours?

This wouldn't be hard for an employee to gain bonus on a sale.
and if you had gone to 3 why would you want to stay with them.

Did you actually leave to go to 3?

also if you had a running account of your knowledge there would be phone calls made on the phone number, SAR them and ask them for all invoices, they will refuse like Voda phone but you push and you get them i have a letter somewhere stating keeping details for company records means they also have to be made available to you.
__________________
I will not be on the internet after the end of January 2009, so will not be around as much as usuall.
Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

" the cages we live in are often of our own making"

time for a life style change

Last edited by Hocuspocus : 28-01-2008 at 07:28 PM.
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  #10  
Old 29-01-2008, 11:44 AM
Sexyeyes83 Sexyeyes83 is offline
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Quote:
Originally Posted by Hocuspocus View Post
whats with the date of birth ..Ashford? and customers place of birth PC2081?

Is that a choice to put words in for identification? are they yours?

This wouldn't be hard for an employee to gain bonus on a sale.
and if you had gone to 3 why would you want to stay with them.

Did you actually leave to go to 3?

also if you had a running account of your knowledge there would be phone calls made on the phone number, SAR them and ask them for all invoices, they will refuse like Voda phone but you push and you get them i have a letter somewhere stating keeping details for company records means they also have to be made available to you.
Hiya,

Ashford is my place of birth, but I have no knowledge why they put it down as my date of birth. I also have no idea what PC2801 means!

I did leave to goto three, the contract with three started in january 2006. Since I phoned up and closed the account with O2, no calls were made as the phone was sitting in a draw gathering dust (where it still is!). I did also point this out to them in my original complaint.

I just wish they could see that these late payment charges were their error! Well ive got my SAR all ready to take upto the post office - will be interesting to see what comes back!
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