Mobile Phone Bill after Cancellation

[skybooks]

Hi all. I have been abroad for 3 years. Before I left I recall cancelling my mobile phone line, however this was done over the phone and I dont have any documents to this effect. I have now returned and was shocked to see from my bank account that they didnt cancel the line and I have been paying every month for these 3 years - this has amounted to a huge sum.

 

How do I go about this? I want to call them but assume they will claim that I cant have cancelled and it i my fault for not checking my bank statements.

 

Are there any laws protecting from this type of thing? They must have seen the line was dead for the 3 years as it would not have been regestring on the network and no calls in or out.

 

Any help would be appreciated.

[dx100uk]

yep

contact your bank and reclaim all the payments under the DD guarantee

you might have to provide written proof of cancellation though

see what they say.

 

dx

[skybooks]

Thnaks for that. Should I first try and talk to company, or is that wasting time?

[dx100uk]

who is it?

 

dx

[skybooks]

02.

[dx100uk]

it would not hurt i suppose to give o2 the chance to rectify this

 

if they did not send WRITTEN notification that they were taking this money on a DD every month

then that breaks the DD gurantee and you CAN demand if back thru your back.

 

dx

[skybooks]

Thanks so much for giving your time.

 

When would they have written to me? Do you mean when I started the contract? I dont have any records wether they wrote to me then. or do they have to prove that they did write?

[dx100uk]

to be able to take money from a revolving DD arrangement the company MUST inform the customer

the sum that will be taken EVERY MONTH atleast 10 days before the proposed DD date.

 

dx

[skybooks]

SO in theory is this correct even if I woulve been using this all along, or is this only applicable because I can show that I never used it?

 

On the practical side, when I call o2, do I say/threaten that I am going to claim on the DD guarantee or is it the bank who cares about that?

[dx100uk]

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/27/27-directdebit-guarantee.htm

 

you need to prove you informed them of the cancellation

 

then ask why they kept taking the dd and why they did not send you a bill each month.

 

then ask for it all back

 

if they wont

then say thank you

i'll go to my bank then under DD rules

 

dx

[skybooks]

I dont see how I can "prove" it.

[dx100uk]

how did you cancel?

 

dx

[skybooks]

how did you cancel?

 

dx

 

Over the phone. I recall it was a 30 days notice.

[dx100uk]

ok well as an off chance they should have a recording

an sar specifically asking for the audio redcording of the call should sort it.

 

phone them first and ask if they will refund direct though

if they wont, them its sar time

or p'haps they can give you a transcript of the call so you can use that.

 

dx

[skybooks]

Tried to google, but cant find it. What is SAR?

 

I am assuming not search and rescue

[dx100uk]

hehe

we're not on proma

 

if you hold on the cufflinks it tells you...

 

subject access request

see the library top left green

 

dx