02 problems

[foxyflugel]

My OH and I had been with 02 for years and upgraded last in June 2008. As of June 2009 our bills were really high due to being out of contract with them. There was a balance of approx £300 on the account (from dodgy texts received) this was put into dispute several times and 02 had to be chased constantly only to inform us that we were liable to pay it!! I wasn't happy about this but when I enquired about another upgrade the lady said that if we kept our handsets we would get £150 each. I agreed as this would have cleared off the balance and our handsets were like brand new. I said I would call back after discussing with my OH.

 

A few days later I called back and they said that they couldn't offer us an upgrade due to the balance on the account. I called up one of the morons in the collections dept and he was a total ar$e - he hung up and then restricted both our phones (outgoing calls). Bearing in mind that each month I had religiously paid for the months bills used.

 

Just before xmas I went shopping and took both phones to buy new sim cards for them (to check if they worked when unlocked if not bought from 02 store). I lost them and called up 02 - it took me 3 days to get through (as the systems were down whenever I called). They refused to honour the claim as the account still had the balance on.

 

I took legal advice and the lady said that I was to write a letter to them asking which specific part of the t&cs they were relying upon when refusing my claim. It doesn't say anything about the balance being up to date. I wrote back to them stating this and also stating that 1. they had restricted our calls - yet had still charged a full months call plan (+ a month in advance) that we were unable to use for part of the month and not at all when I lost the phones 2. The insurance premiums were paid in full and in good faith - they had failed to honour the policy that had been paid for - and also charged another month in advance (after I had lost the phones). I stated that after these amounts were deducted + 18 mths (x2) of £6 insurance + 2 new handsets that we had to buy due to their not honouring our insurance - this would more than cover the balance that was owed.

 

They have sent threatening letters and I think Westcot have tried to phone regarding this. But I haven't heard anything for a few weeks now - what can I do?? How does the contract thing work with mobile phones??Can they take me to court without advising me first? Sorry for the long post.

Edited February 24, 2010 by foxyflugel
told off from post reader for no line breaks!!

[dx100uk]

god please edit your post and enter some lines breaks......then we might be able to read it properly.

 

however, it would take a long process for them, [and it would be a DCA that does it i get] to court, a VERY long way off and very remote.

 

how about reclaiming the insurance back? must be a bit like PPI i bet

 

 

worth a try?

 

dx

[foxyflugel]

There - have entered some line breaks. How would I claim the insurance back?

[buzby]

Under what circumstances did you 'lose' both phones? What were the reasons given by the insurer for not meeting your claim for replacement?

[foxyflugel]

Under what circumstances did you 'lose' both phones?

 

I went into town and was planning on buying 2 new sim cards from the 02 shop. I took both phones as I thought if another provider had a better offer I would need to get them unlocked to use vodafone/orange sim cards (I was told this by someone).

 

I had them both in a small carrier bag with my purchase from boots as I had no deep pockets to keep them in. I sat down on a bench to wait for my sister whilst she went into a shop (I was having a cigarette) and then when she came out we walked back to the car.

 

On arriving at the car, I realised that I had picked up all my bags but there was 2 missing (one being the one with the phones in) We immediately ran back and retraced our steps but could not find either bag. I then called my phone from my sisters phone and it went straight to answerphone.

 

What were the reasons given by the insurer for not meeting your claim for replacement?[/quote]

 

They said that it was due to the outstanding balance on the account. I sent a letter asking them to state exactly what paragraph in the terms and conditions they were relying on in this decision. They said it was the one which says " ......take full responsibility for the cost of insurance, calls etc etc " - however, the insurance and cost of calls was paid in full - it was the disputed amount that was outstanding.

[foxyflugel]

I have also received a threatening letter from Westcot and they have left a message on my landline also. What are the chances of this going to court as the amount they are saying I owe includes £12 (£6 x2)insurance premium in advance plus one months call plan in advance (£24 x 2). Surely they can't do this as the phones had been lost? and also to charge and claim for insurance premiums on phones that have been lost - when they have refused to pay out on my claim??????How can they insure phones that I do not have???????

[buzby]

I've never seen any terms from an insurer that supposedly covered physical goods that the policy could be made invalid due to bills not being paid. It would be like your household insurance being denied after a break-in, because you hadn't paid your Coucil Tax!

 

The crux of the matter is what the Policy terms stipulate. If they DO say the phone account has to be in good order, you could counter by saying this is invalid as an unfair and irrelevat condition. If it isn't mentioned your next actin is to send them an LBA, requesting full ettlement of the outstanding amounts within 28 days. If they don't pay up, you then use Moneyclaim Online or your local Court to seek financial redress for their actions.