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Who is 'at fault'

amici-pat
Level 2: Apprentice
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I was recently away from home for a few days, during which time my mobile bill was due.   Having recently changed banks I had not had time to set up Direct Debit payments.    On the date my payment was due, I logged into my O2 Accounts and made the required payments which were accepted and 'verified by Visa'.

 

However, I started receiving messages on my 'phones that I had not paid my bills, and, eventually they cut off my services.    Each time I tried to make a call I was just diverted to an automated payment service so could not speak to anyone at O2 to find out what had happened.

 

During my trip I had no access to the internet so was feeling very cut off.  

 

Upon my return home I had received 2 e-mails from O2 stating that my payments were not taken as something had 'gone wrong' at my bank and I was told to use an alternative method to pay, and get service restored.

 

I had managed to make a payment on one of the phones, duplicating my payment, as I assumed.

 

I visited my bank today, and they investigated there and then as there was nothing on the system as to why the payments were not made, but, after a further telephone call, it was found that the reason the payments were not further authorised because the security code numbers had been incorrectly input by O2 when finally trying to take the payment.    They suggested that O2 telephone the bank for confirmation that they were at fault and not me.

 

Now, I am a pensioner on State Benefits and cannot now pay my other bill until next Monday (pay day).   Assuming my payment had been taken from my bank account, I used the money as shown available in my account whist away from home.

 

So, I have suffered a curtailment of my services due to no fault of my own?   O2 chat are telling me the only way to get my service back on is to pay the bill.   So, who has broken their Contract me or o2?   I will also have a late/missed payment registered on my Credit File!

Message 1 of 114
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Anonymous
Not applicable
The ones I'm referring to are not bailiffs as we know them but brutes in black.

"Are there different types of bailiff?

Yes there are different types of bailiffs:

County court bailiffs are employed by the County Court, and enforce County Court Judgments (CCJ).

County court bailiffs are usually used for debts such as bank loans, credit cards, store cards and other unsecured debts. This type of bailiff must be legally authorised to collect the debt on behalf of the creditor and must carry a 'warrant' or 'warrant of execution'

Certificated bailiffs are private companies used by the Magistrates Court to collect fines, and by local councils (once they have obtained a liability order from the Magistrates Court) to collect unpaid council tax, fines, compensation and unpaid maintenance. Certified bailiffs must carry a 'distress warrant' or 'liability order'.

Private Bailiffs are used by private firms or self employed companies."

From http://www.moneyextra.com/debt/bailiff-advice

Please don't take having a marker on your Credit File lightly.... 6 years to remove it after payment has been settled is a long time.
Message 51 of 114
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Cleoriff
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Well now we know all about bailiffs...even though it hasn't come to that!

I am sure @amici-pat  is quite stressed enough without hearing a story about 'brutes in black'....

Veritas Numquam Perit

Girl in a jacket
Message 52 of 114
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Anonymous
Not applicable

@Cleoriff wrote:

Well now we know all about bailiffs...even though it hasn't come to that!

I am sure @amici-pat  is quite stressed enough without hearing a story about 'brutes in black'....


Agreed it's good it has not come to this and I get the feeling not much would worry @amici-pat 

Message 53 of 114
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Anonymous
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It will be interesting to see how this one pans out through the Small Claims Court. Hopefully the OP will keep us updated but it can take several months.

One thing the OP needs to be aware of is that IF he loses his case the Courts MAY order him to pay o2's legal costs.

Not sure of the relevance of a full description of each type of bailiff. All that needed to be said was:
"O2 may refer the debt to private bailiffs who do not have a right to force entry." Not sure why we needed a full lesson on legal actions.
Message 54 of 114
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MI5
Level 94: Supreme
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@Anonymous wrote:
Not sure why we needed a full lesson on legal actions.

Tell me you ain't surprised though wink

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 55 of 114
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Anonymous
Not applicable

@Anonymous wrote:
It will be interesting to see how this one pans out through the Small Claims Court. Hopefully the OP will keep us updated but it can take several months.

One thing the OP needs to be aware of is that IF he loses his case the Courts MAY order him to pay o2's legal costs.

Not sure of the relevance of a full description of each type of bailiff. All that needed to be said was:
"O2 may refer the debt to private bailiffs who do not have a right to force entry." Not sure why we needed a full lesson on legal actions.

I'm not trained in Legalities and as far as I'm aware no one here is also ,but post from experience and online information.

 

I was asked which bailiffs types I was referring to by jonsie. 

 

In order not to miss out any important info @Anonymous I included the full piece and link. I see no harm in this whatsoever .

 

Again we digress and should stay On Topic. 

Message 56 of 114
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Anonymous
Not applicable
By staying on topic we didn't need a full list of bailiff types. ......

But yes leave that there. Thank you for your explanation. Back on topic. ....
Message 57 of 114
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jonsie
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@Anonymous wrote:
By staying on topic we didn't need a full list of bailiff types. ......

But yes leave that there. Thank you for your explanation. Back on topic. ....

I feel enlightened!

Message 58 of 114
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Beenherebefore
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@jonsie wrote:
I feel enlightened!

That's the Thai whisky.....it'll wear off eventually wink

"My life is a facsimile of a sham"
Message 59 of 114
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jonsie
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@Beenherebefore wrote:

@jonsie wrote:
I feel enlightened!

That's the Thai whisky.....it'll wear off eventually wink


Usually around 3pm....

Message 60 of 114
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