Robinson Way and O2 and refusal to remove a default

[hhh_88873]

several years ago I left O2 as phone supplier because of their poor customer service and frankly insanely stingy data allowances.

 

I reached the end of my second 2 year contract, and gave them 30 days notice I was intending to leave and go to 3 as a supplier for their unlimited data usage.

 

I got an unlock code for my now paid for handset, received confirmation that I was leaving and while waiting for my new contract to kick in with 3, this is where it gets sticky.

 

While waiting for my new contract to start, I contacted O2 and asked to have rolling 30 day tariff activated on my account so I didnt have a non functional phone while waiting for my new one.

 

I also told them I would not be keeping my old number as I wanted to change and the code for releasing my number to the new network would not be needed after all, but the handset was unlocked and good to go.

 

Several months down the line and I start getting debt notices form O2.

 

They stated I was now tied into another 12 month sim contract and I owed them for the full year despite never actually using a single day of the new contract after the initial 30 day period ended.

 

I have fought this out with O2 for nearly three years and they have refused to accept I did not ask for the contract or use it, despite my showing them with phone records that for the last 13 days of the initial 30 day rolling tariff that I did ask for, the phone and number was not in use and by that time I had received my new phone.

 

O2 have passed the account onto robinson way who have tried their usual BS tactics and received a blunt summary response from me.

 

I have tried more times than I recall to speak to a senior person at 02, they have accepted in a public forum on FB on their page that it didnt sound right what had happened to me but subsequently refused to budge.

 

I have now been slapped with a default on my credit file that is doing untold damage and I have no idea how to deal with this since O2 just will not speak to me and I know for a fact I never asked for a new contract other than the 30 day rolling tariff that I did ask for.

 

I want to attack the default and get it removed as I know it isnt right but I have no idea what to do.

 

Can anyone point me in the right direction for issuing proceedings against O2 if thats possible?

 

There must be something I can do.

[The GodMother]

l would go to 02 ceos office first

[hhh_88873]

I've managed to find an email for reviewing complaints with o2, I've messaged them, let's see what happens now

[silverfox1961]

Hi

If you haven't recorded this as a Formal Complaint and headed any mail as such, it is unlikely O2 will be treating this as such which will frustrate your attempts at going to the Telecoms Ombudsman.

Companies like this would rather pull their own teeth than remove a default-even if it is their fault.

 

If you feel you have a genuine case, you could instigate court action by sending a Letter Before Action giving them 14 days to correct the situation and if they fail, sue them.

 

What I would suggest you do is to send them a SAR to get all your account info, especially where they claim you must have agreed to a 12 month contract

[hhh_88873]

Im a little fuzzy on that course of action, how would I go about that? Can I just pluck a figure from the air and tell them Im suing them for that much? I dont know how to go about challenging this and its a total nightmare since they are completely refusing to budge

[BazzaS]

Im a little fuzzy on that course of action, how would I go about that? Can I just pluck a figure from the air and tell them Im suing them for that much? I dont know how to go about challenging this and its a total nightmare since they are completely refusing to budge

 

You let the court decide on general damages (a sum to make up for the damage to your character, so you claim for that without putting a figure on it.

 

You claim special damages for the amount you can quantify

I have now been slapped with a default on my credit file that is doing untold damage

 

You look at the increased cost where you have

A) lost opportunity, or

B) been able to get credit but on worse terms due to the default, where you can claim for the difference

The aim being to be compensated do that you are put back into the position you would have been (or as close to it as possible) had they not done you the wrong.