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O2 still charging me monthly after requesting to terminate contract.

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When my contract with O2 was up for renewal at the end of December 2007 I received a telephone call and felt slightly pressured into upgrading my phone and renewing my contract over the telephone. That evening I changed my mind about renewing this contract and phoned O2. I spoke to an advisor who said my new mobile was due to be delivered tomorrow all that she could advise me to do was refuse the delivery and write an e-mail to O2 requesting to terminate the contract after giving them 30 days notice. I did exactly as I was instructed to do so and believed that this would be the end of the matter.

 

However, after reviewing my bank account with my bank manager i have come to realise that since February 2008 up until June 2009 I have continued to make a montly payment of £24.99 to O2.

 

After calling O2s customer services the advisor I spoke to confirmed the receipt of the e-mail I sent in January 2008 requesting to terminate my contract. However, she said that I was them sent an e-mail from O2 requesting my name and address to which I did not reply. I explained to the advisor that I had not received this e-mail. I would have responded instantaneously if I had. The advisor consulted her manager and for this reason O2 have refused to reimburse me the money that I have payed them on a monthly basis for a service that I have been able to use.

 

I am a student in debt who works part time. The sum of money that I have paid to 02 in total is the equivalent of more than a months wages to

me. Can O2 do this?

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They can - because you both have a JOINT responsibility to ensure that the correct payments are made and/or taken. Unless they are prepared to waive their usual rules.

 

But it is not all bad news - you just need to apply some logic. O2 *DID* know your address, and as I understand it, were simply seeking clarification/confirmation that you were who you said you were. There are many reasons why O2's email may not have got to you - a spam filter being the most likely, but O2 also owe YOU a duty of care. Since they knew of your intention to cancel, and the fact you had no handset because you refused delivery, they should have - in the absence of a response to their email - WRITTEN to you at the address they had and asked you to confirm your instructions. They didn't - so now you are even in the blame stakes.

 

What you need to find out is the money taken based on the NEW contract amount (that you cancelled) or your OLD one rolling on as before? Things may get sticky if the latter, but if the former - and you didn;t have the phone and they knew it - they were being naughty continuing to take money from a service they knew was not being used.

 

Complain. In WRITING, asking for a full repayment. If they refuse, come back and we'll tell you the next steps!

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