Help required - mobile phone ("unusual activity" charges)

[albacale]

Hi,

I was on holiday in October (Spain) and lost my phone. I then forgot to cancel the contract upon my return. I'm 21 just now but as I was under 18 at the time of taking out the contract - it's still in my mother's name.

A few weeks later my mother told me that she had an old phone that I could use until I could afford a new one so the following day she contacted our mobile phone provider to request that they send out a new sim card. They said that was no problem and they would get one sent out.

The following day my Mum was checking her banking balance online and realised that our provider had tried to debit an amount of £700 from her bank. She contacted them straight away and was told "The account has been under investigation for fraud for 2 weeks"

No one had contacted us to let us know, no missed calls or messages. I also think its shocking that a company would try and debit £700 from a woman whose bill is never more than £25-£30.

They told us that the account had been under investigation because of "unusual activity" and yet they didn't even contact us to let us know. Apparently a large bill has been run up, the phone was lost in Spain. I can only assume that's where its been used unless its been moved on somewhere else.

They have now said that we are liable. I know I'm originally at fault because I forgot to cancel the contract but I'd like to know if our phone company are in some sort of breach because they didnt notify us that the account had been suspended because of unusual activity.

We have been loyal customers for 3 years, never missed a payment or caused any problems and now we need some help but our provider isnt interested.

We just dont have the money to pay and if they take this amount from my Mum it will plunge her even further into debt.

Thanks in advance

[rebel11]

Hi alba

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[albacale]

Thanks for your quick response

[locutus]

The trouble is the contract has you pretty well tied up. The fact that they have suspended the account goes in your favour, I've seen similar stories with people who have been hit with a £3000 - £5000 bill!

 

Who is your mobile provider?

[albacale]

Thanks for your reply, I'll pm the provider

[albacale]

. . . . .

[albacale]

Locutus, your pm box is full

[locutus]

Sorry, PM away

[locutus]

http://www.consumeractiongroup.co.uk/forum/showthread.php?287022-O2-stung-Victim-Not-Present-Fraud

 

read this. ask the supplier to reduce the cost to your mother to what the spanish network charged them for the calls (rather than their retail prices which include profit)

[goodwill]

locutus have you seen this. Measure of Damages under English law.

http://en.wikipedia.org/wiki/Measure_of_Damages_under_English_law

 

I have no legal training and not sure of what legal basis the Networks are claiming the customers are fully liable for these bills.

Are they claiming using Contract Law for 'Damages' or on the basis that the customer is responsible for some kind of commercial/retail transaction?

 

Considering the Network would never take these types of claims to court I suppose it's a bit academic anyway but I thought it might be of interest.

 

@ albacale just out of interest could you post the numbers they dialled?

[locutus]

locutus have you seen this. Measure of Damages under English law.

http://en.wikipedia.org/wiki/Measure_of_Damages_under_English_law

 

I have no legal training and not sure of what legal basis the Networks are claiming the customers are fully liable for these bills.

Are they claiming using Contract Law for 'Damages' or on the basis that the customer is responsible for some kind of commercial/retail transaction?

 

Considering the Network would never take these types of claims to court I suppose it's a bit academic anyway but I thought it might be of interest.

@ albacale just out of interest could you post the numbers they dialled?

As you know the real damage the networks do is completely trask the acount holders credit file. Just thaught I'd post that to add clarity. They may not like going to court, but they have an agreement with the credit reference agencies that does the customer no favours in the long run.

 

I often wonder why the international police don't question the recipients of the calls and find out who it was :/ you would've thaught it wouldn't be too hard a crime to trace given the amount of knowledge the people give away about themselves!

 

I also agree that posting the numbers that were dialed may lead to a hint at the [problem] (if any) they were running.

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.