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Phone Ordered without my consent - Debt Collection Companies

Anonymous
Not applicable

Hello

I have been an O2 customer for at least 3 or 4 years and must have spent in excess of £2000 for my mobile phone service. 

Then, about a month ago - I started getting phone calls from BCW, a debt collection agency, about a £70 debt with O2 that i knew nothing about. They were threatening me with court action, which - as an existing customer who is spending upwards of £50 a month with O2 anyway I found peculiar. I received around 10 phone calls, all aggressive in tone, from BCW which, despite me telling them i am an existing customer of O2 show no sign of abating.

I was totally baffled - how can O2 be suing an existing customer who has only ever had one phone and pays c£50 a month without fail for the service?

About 20 months ago I discovered that 2 separate payments for handsets had been going out of my bank account. Again - i was perplexed. I rang O2 to get to the bottom of it. It transpired that my ex partner, from whom i had separated a couple of months earlier had used my account to secure a pay as you go handset. The only security on my account was my mothers maiden name - which of course, she knew.

I was not very happy (obviously) and immediately complained to both her and O2 about this. I had signed no paperwork for this contract, a credit check had been done without my knowledge and it had been done without my agreement. This would have been in September 2012.  After my persisted complaints, she transferred the handset monthly payments to her own account through her own bank and agreed to take ownership of the account - (which I never knew existed). That was , I thought, the end of the matter. I have not seen this woman for over 18 months and am not in contact with her.

In July 2013 I moved house and informed O2 of this change.

Imagine my surprise a couple of months ago to have BCW calling me threatening legal action for a £70 debt that i knew absolutely nothing about. They would not give me details but told me to speak to O2. I have now tried speaking to O2 on at least 5 occasions - but no-one will speak about the account in question (assumingly my ex partners) because I dont pass security checks.  Of course I cant pass security checks because I knew nothing about the setting up of this account!! The first i knew about it was when I started receiving 2 bills a month when i have only ever had 1 handset!

I do not speak to the person who owns this handset and has for 18 months been paying for this handset. I do not know where she lives.

This handset, account and £70 debt was ABSOLUTELY nothing to do with me ! And I would appreciate it, as a loyal, paying customer not to have debt collection companies ringing me and insinuating that I am someone who cannot pay my way.
 

In exasperation, I paid the £70 but it now transpires that - despite me being the "good guy" and joining the dots regarding the handset - a black mark will stay on my credit score for the late payment.

 

This is outrageous and I will be writing to the Information Commissioner. I had no knowledge of this handset purchase, gave no consent for the credit check to be made against my name for the phone and did not know it existed until the 2 bills were coming out. Then as far as I aware, the situation was resolved. I changed my address and did not receive any bills or demands for payment. I AM AN EXISTING CUSTOMER.

Why should O2 share my details, as someone who has never missed a payment for anything in his life - with a Debt Agency when a) i never gave consent for the handset to be purchased - never signed any credit agreement and b) never received a bill for that handset?

All I ask is that O2 remove the name of an existing customer from the black mark that is against them through NO fault of their own.

 

 

 

 

Message 1 of 48
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47 REPLIES 47

Anonymous
Not applicable
CAB would give general advice but would only take on the case if it was clear cut. Unless the op qualifies for legal aid it could be costly too.

When contacting CAB they access the issue and either help there and then or if the issue isn't in their opinion critical give leaflets.

If a person is given access to another persons account then how are O2 to define access. How were they to know the relationship had broken down.
Message 21 of 48
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jonsie
Level 94: Supreme
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That is the whole point. There has been no police involved, therefore O2 cannot treat it as fraud until it has been reported as a crime. That is why they have come to the decision that the credit report mark will remain on the account. The onus is on the OP to prove fraud.

Message 22 of 48
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Anonymous
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To be clear the OP hasn't (unless I have missed it) stated that the ex partner was authorised to speak on the account.

The onus (as required by the Data Protection Act 1994) is clear that o2 (in this case) are required to take adequate checks that they are talking to the account holder.

Assuming the OP did not at any point in the past give o2 permission to discuss the account with the ex then this could also be a breach of the DPA. In this scenario I would also advise the OP to report o2 to the Information Commissioners Office for breach.

Finally when giving access for someone else to call about an account, it is unusual for companies to allow the person granted access to be allowed to buy more products or services.

Sorry but again I think (based solely on the OP's version of events) that o2 have got this wrong. I would be suing if it were me.
Message 23 of 48
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Anonymous
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Let's see what happens when / if the op reports this to the police and the ombudsman.

Advising legal action is much more easily said than done. Costs / fee's are something that needs to be considered.
Message 24 of 48
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MI5
Level 94: Supreme
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Registered:
Everyone is going to see this differently, regardless of where the sympathy lies.....
Processes are available to be followed and should be done so to a natural conclusion.....
I have no affiliation whatsoever with O2 or any subsidiary companies. Comments posted are entirely of my own opinion. This is not Customer Service so we are unable to help with account specific issues.

Currently using:
Pixel 7a (O2 & Lyca), One Plus 6 (Sfr), iPhone 12 Pro Max (Vodafone)
Message 25 of 48
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Anonymous
Not applicable

Thanks for your advice all. It is appreciated and I will be speaking to the Ombudsman and to the Police if necessary as I have done nothing wrong and have nothing to hide.

The frustrating thing for me is that my monthly bill is not far off the amount that was owed. I have never missed a payment for anything in my life. If it was mine - and if i had known about it - i would have just paid it! O2 have my address for my account but never checked or sent me a bill. All of the payments since i raised this as a fraud in Sep 2012 were made by my ex - not me - after i complained and she said she would take ownership. And O2 can see this.

Just desperately poor service and a lack of consideration and common sense.

Message 26 of 48
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Anonymous
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As I've said before yours is an awful situation to be in.

Would you keep us in the loop please.
Message 27 of 48
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Anonymous
Not applicable
It is a sad story but based on the OP's side of things alone then the ex does appear to have (allegedly) knowingly committed a fraud.

@MI5 is right though, whilst the OP might not want to, it may take a report to the police to persuade o2 to change their stance.
Message 28 of 48
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Anonymous
Not applicable

@Anonymous wrote:
To be clear the OP hasn't (unless I have missed it) stated that the ex partner was authorised to speak on the account.

The onus (as required by the Data Protection Act 1994) is clear that o2 (in this case) are required to take adequate checks that they are talking to the account holder.

Assuming the OP did not at any point in the past give o2 permission to discuss the account with the ex then this could also be a breach of the DPA. In this scenario I would also advise the OP to report o2 to the Information Commissioners Office for breach.

Finally when giving access for someone else to call about an account, it is unusual for companies to allow the person granted access to be allowed to buy more products or services.

Sorry but again I think (based solely on the OP's version of events) that o2 have got this wrong. I would be suing if it were me.

So long as they are having the handset delivered to the account and know the password without a prompt, then it was the case that anyone could phone up and order an upgrade.

 

The way I have read this, the OP knew about it after the event, then moved the bank details over to the ex's account and has assumed that means he is no longer accountable for the contract, but as we all know just changing the direct debit details on an account doesn't mean that the contract changes hands and liablity never leaves the account holder.

Message 29 of 48
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Anonymous
Not applicable

This cant have been an "upgrade" as I had only just, i think, purchased a handset in the previous 12 months and was happy with it.

Also, you state that I "moved the bank details over to the ex's account" when I found out. This rather simplifies what happened in Sep/Oct 2012 - I reported it to O2 as fraud then and had to make several calls to complain about why she was able to order off my account so easily. It was then that she rang O2 to take "ownership" of payments and told me that she had done so.

Message 30 of 48
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