Apologies up front for the length of this post, it's complex and I really need your help please - I just won't know where to turn next!
Below follows a precis of events, much of it taken from the Telecom Ombudsman's report:
In June 2017, my hubby and I took out refesh contracts for new iPhone SEs (for our 30th wedding anniversary!) but paid them off the next day.
In July 2017 O2 took a erroneous direct debit for one of the phones of £80 for "O2 Refresh Unlimited 24M 30GB £50 + O2 Premier Plus Insurance" £20 plus VAT = £80. Not being in this position before, I, logically to me, contacted both parites involved (the bank and O2) and was assured it woud be sorted between them. Due to considerable ongoing pressures on me at the time including caring for my elderly mum and my disabled husband, I parked the matter there and checked no further.
In May 2018, I received a letter from the bank saying that my overdraft facility was being removed. I called the bank to query this being the first time I was aware of an O2 alleged credit default due to the £80 direct debit. It transpired that both the bank and O2 had refunded the erroneous DD. O2 never contacted me to inform me of the outstanding payment or default (although their notes indicate a text reminder was supposedly sent in July 2017 to an obsolete PAYG number). O2 have stated that they aren't obliged to contact me as airtime isn't covered by the CCA. However my Refresh credit agreement (quoting that it's covered by the CCA 1974) & my Direct Debit Guarantee state the opposite, certainly not indicating that only one part of the agreement ie the device is covered by the CCA? Incidentally, I was also charged a late payment fee intended "to cover printing and outsourcing of default notices required by law" according to the Refresh contract but no notices were issued. An O2 agent in the Winton O2 store, confirmed on 22 August 2018 that the bill summaries should not have continued and when the bills have been produced, they never mention £80.
I contacted O2 who agreed to resolve my credit file and offered me £80 as a goodwill payment as an apology. I believed then that the issue was resolved.
O2 are now refusing to alter the credit rating on my account, regardless of this being confirmed on phone calls on 21 May 2018, 9 June 2018, 4 July 2018 and in writing by the Complaint Review Service, letters dated 31 July 2018 and 3 August 2018. I have attempted to find a resolution with O2 CRS by telephone and offered to pay back the £80 goodwill credit if needed. I was told that the adviser was able to remove credit defaults but, in this case, would not. I attempted to contact the Complaint Review Service team leader twice but have not had the calls returned. Then a Deadlock letter was issued on 31 July 2018 and I was advised that my only course of action was to refer the complaint to the Telecommunication Ombudsman Service .......
..... Following her investigation, the Ombudsman's decision requires O2 to:
• 'credit my O2 account with a further £80 as a gesture of goodwill;
• send me a letter of apology; and;
• confirm in writing that my account is closed with a zero balance' .... but not to remove the marker.
I feel it's so unjust that this £80 alleged debt - a genuine oversight never bought to my attention - is currently ruining my 30+ years exemplary credit history (including 20+ years as an O2 customer & ex-BT/Cellnet staff) and is not a true refection of my credit worthiness. If only O2 had contacted me, I'd have repaid the overpayment immediately. I'm so upset that O2 has to date been unprepared to restore my credit rating, offering real goodwill in these unusual and one-off circumstances.
BTW, a little while back I did contact the Financial Ombudsman Service (due to CCA and DDG issues, and mentioned by the Telecom Ombudsman) but they wouldn't consider taking on the case as 'a comparable dispute resolution scheme ... has already looked at the complaint'
Sadly my mum passed away last month and I have an extension on accepting or rejecting the Ombudsman's decision until 5th December. This is still causing me so much additional unwanted distress right now.
Where do I turn next? Might someone at O2 reconsider my pleas for a long awaited happy resolution?
Or could the Information Commissioners Office intervene at this stage?
Please please can anyone in the O2 Community help?
Yours hopefully and gratefully!
If you have it in writing that O2 agreed to remove the adverse data from the credit reference agencies I would send them a letter before action by recorded delivery to their head office including a copy of what was agreed and informing them that if they don’t remove the data within 14 days you will file a claim with the county court seeking an order ordering its removal and compensation for the damage to your credit rating
If they don’t remove it within 14 days or refer you back to the deadlock letter then file the claim at your local court or using the money claim online service
You could also dispute the data directly with the credit reference agencies if you haven’t already providing their agreement to remove the data as proof it is unwarranted
That’s if any of the community admin can’t assist in getting this resolved
Hi @Marf, sorry to hear about your troubles with this. I'm going to drop you a PM here on the forum to get a few additional details and will get someone to have a look for you.
Cheers for the mention @jonsie!
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