- 2174 Posts
- 133 Topics
- 44 Solutions
- 13532 Posts
- 106 Topics
- 309 Solutions
Businesses have the right to declare a payment as late, if it is late even by one day.
The problem arises when the late payment is due to the inability to actually make the payment due to the failing of the businesses payment system, in this case the default should be reported as per the address @jonsie gave along with evidence supporting the fact that indeed O2 were at fault and not the customer.
To clarify.
O2 have the legal right to put the default notice on the account, but also, the customer has the legal right to demand it's removal if the payment failure is due to O2's inadequate payment system and/or method of payment request.
In this case the op is not at fault and should write to credit referrals as @jonsie suggested, with supporting evidence and a covering letter.
The problem arises when the late payment is due to the inability to actually make the payment due to the failing of the businesses payment system, in this case the default should be reported as per the address @jonsie gave along with evidence supporting the fact that indeed O2 were at fault and not the customer.
To clarify.
O2 have the legal right to put the default notice on the account, but also, the customer has the legal right to demand it's removal if the payment failure is due to O2's inadequate payment system and/or method of payment request.
In this case the op is not at fault and should write to credit referrals as @jonsie suggested, with supporting evidence and a covering letter.
- 2174 Posts
- 133 Topics
- 44 Solutions
- 13532 Posts
- 106 Topics
- 309 Solutions
Nope, loose area of law.
And I quote from link:
"A default notice is a formal letter which is usually sent after three to six missed payments. They can only be issued for debts that are regulated by the Consumer Credit Act."
Note the word "usually", it's a very variable and not defined time period, the general advice given is that the business should, in the first instance, inform you that your payment is overdue, O2 do this by means of text to the number associated with the account.
But they still can issue a default notice if the fact is, the payment is late.
And I quote from link:
"A default notice is a formal letter which is usually sent after three to six missed payments. They can only be issued for debts that are regulated by the Consumer Credit Act."
Note the word "usually", it's a very variable and not defined time period, the general advice given is that the business should, in the first instance, inform you that your payment is overdue, O2 do this by means of text to the number associated with the account.
But they still can issue a default notice if the fact is, the payment is late.
- 93229 Posts
- 609 Topics
- 6976 Solutions
O2 was a default on the credit file after one missed payment. Easy to do....getting them to remove it is like the proverbial into the wind. The whole point is not that a default was filed but that it was filed incorrectly by error and legality is not the issue.
- 13532 Posts
- 106 Topics
- 309 Solutions
Agree as per said previously
O2's right to default are massively overruled by the fact they put the op in default by not providing or acting on the correct payment facility.
O2's right to default are massively overruled by the fact they put the op in default by not providing or acting on the correct payment facility.
- 122915 Posts
- 826 Topics
- 7469 Solutions
Without using any legalese here...we have seen it happen to 3 customers who posted on here over the last week or so.... (this takes no account of those in the same situation who have not posted on the forum) Whether O2 are legally 'allowed' to do this or not, is totally irrelevant when we have proof that they are indeed issuing default notices because their payment system is not fit for purpose...
