I want to sue 02 for damages for mis-selling phone and ruining my life

[yasminisyasmin]

Hi

 

My name is Yasmin. I live in London. And I am about to show consumers what 02 are capable of.

 

I want to sue 02 because while I was in dispute with them over a contract they mis-sold to me - they refused to listen, did not once pick up the phone to me. Moreover never answered my questions nor launch an investigation into how they sold me a contract when I expressly told the sales agent I wanted to buy a mobile phone meant for a minor then aged 10 who needed it for her first day at new Secondary school where she would be travelling alone to and fro. Prior to this I had been using pay as you go - the agent advised me that there was a cool new package that was designed to help control spend and that is was called Simplicity. And that she would be given enough mins to ensure that she can report in and for ant emergencies - he told me that if I stuck to PAYG she may get stranded and need that possibility to make that call to keep herself safe. I said ok. As he seemed so lovely and I kept telling him I had never bought a mobile contract for a child before and wanted to do right by her and my money as I was on a strict budget.

 

I told 02 the contract had to be fixed - the agent promised me it was ok I need not go for PAYG and recommended the 'Simplicity' package. But in 2015 I know noted he did not tell me that this contract was a walking bankcard nor did he set any bars. Or explain what limits. 02 gave no info to me. This why I accuse them know of secretly blinding consumers by selling unlimited data contracts - which they wait to rack up charges on.

 

The 02 agent then secretly, without my knowledge sold me an unlimited SIM card/contract (I was so happy to buy this as a Xmas present) - which in 2014 the child now aged 13 took abroad. It got lost. She got scared to mention it. As soon as I found out, I cancelled it. And I was lucky enough to cancel my direct debits as if I had not done so 02 would have swept my bank account of the entire amount the thief had racked up.

 

Once I then started to ask for help it became a dispute as they kept telling me I had to pay. I told them this was mis-selling but the complaints system is set up to make life so hard. 02 then spent months leading me round the houses. They outsourced my complaint. The phone bill which after I reported it grew to £312.71. I kept asking how can this be? I wanted to pay what I owed. But they just would not talk to me.

 

Here is the contract - can you see anywhere it mention that it was unlimited data card? They told me it as a 'Simple' contract (see attached) - how can you call something simple then allow for call/data charges to be applied - internationally?

 

Attached:

 

1. 02 contract with personal details deleted - but sales agent to reinforce to me how much I can expect to pay each month

2. 02 contract T&Cs (no mention of data or call charges internationally)

 

My issues:

1. I informed them at around the same time that I was a survivor of abuse and therefore need all the pennies I can get. Every penny was tight and I was in a huge personal crisis.
   
2. I wanted 02 to just to take monies for what I ordered. I was happy to pay the £10 that was due but 02 never accepted that.
   
3. They never once picked up the phone to me.
   
4. They did offer to reduce the bill but they never gave me a breakdown of how the newly reduced figure was worked out.
   
5. The CEO Ronan Dunne was informed that during this time I was also a survivor of domestic abuse - he and his team refused to listen or help and kept demanding I pay the reduced amount.
   
6. 02 then handed me over to Badenoch & Clarke - who were bailiffs - when they heard my story they were so horrified and halted it - and told me that at no point were they made aware that there was a dispute over mis-selling.
   
7. My incident is proof that 02 set us consumers up, make it vague and a quagmire to debate or challenge mis-selling and then - cart you across to the conveyor belt of debt - and trash credit reports as punishment for daring to challenge them.
   
8. Failure by 02 to take the issue of misselling - even now I have contacted the MEP, Ofcom - and they seem very vague and woolly.
   
9. Hypocrisy by 02 - see image below of Ronan Dunne - yet he says publically one thing and did the other - to me. I even wrote to him but his email account blocked me.
   
10. Now that these unfair charges have been racked up - 02 refuse to accept or discuss that the contract was for a minor. Nor will it comment why the agent wrote in his handwriting £10.50 verbally (then wrote promotion on the contract) and why they say 'basics data' will not explain why they did not write that this contract was clearly an unlimited sim card (aka walking bank card). 02 say as I am the person on the contract - I am the adult. I must pay. But this is why we consumers in 2011 were blind folded - as today all the retailers esp Tesco Mobile which is powered by 02 I believe now have strong capping.
    
11. Why are telecoms companies allowed to sell walking bankcards - at least to use these you need a sim - why is the telecoms industry so irresponsible in selling us contracts for minors - when they knew how dangerous it can be. And that there must now be a default which stops consumers from racking up charges for data or for international calls.
     
    

 

 

FYI

• Until this loss/theft of the mobile phone incident I paid on time - 100% of the amount due since Nov 2011.
  
• I of course wrote to Ombudsman - who did not read my complaint properly. Nor addressed mis-selling issue at all and supported 02's stance - that it was fair to reduce the bill as 02 suggested. This was a disgrace and now I am still waiting for Ofcom to reply.
  
• I was forced to complain about the Telecoms Ombudsman and there was an independent investigator who upheld my complaint and offered me compensation. This is why I decided to sue 02 after Telecoms Ombudsman - screwed up. Not once did they try to help me and moreover I found evidence they were supporting 02 - when they ought to be impartial.
  

 

 

Damages.

 

This is the effect on my life. How much is this worth? You see prior to this I had never been turned down for credit and always paid my way. I am now so reduced and battling 02 who seem to think they have gotten away with this. I am just trying to find the money to sue them via the small claims court.

 

1. Stress, mental exhaustion
   
2. Unable to kickstart my new business - which is now on hold.
   
3. Sept 2014 - failed remortgage due to adverse credit report filed just by 02 - this was supposed to have paid all my debts and raised money to invest in my start up business
   
4. April 2014 due to inability to get remortgage forced to enter an IVA
   
5. July 2015 trying to obtain a tour operator's license. Been told that due to poor credit score and IVA unlikely that I will get merchant facilities.
   
6. August 2015 - obtained a letter in principle to take my business products to a top London venue - where I can sell these as a commercial concession. Due to inability to find investment/sponsorship or money - I will now be forced to lose this opp.
   

 

This is why I now am so shocked 02 have done this and did so - even with permission of exec office who refused to discuss mis-sselling with me. They just would not call me and refused to have any sympathy and refused to explain their contract. In fact they told me they were licensed to charge us what they want as the sim was unlimited (even though they called it simplicity) - utter madness.

 

Questions:

1. What would you do?
   
2. Has anyone had the same happen to them? Is it solved? Unresolved? If the latter please get in touch with me as maybe we can do a class suit. I think there are more consumers out there but it takes a mighty persons to still remain standing as I think 02's complaint procedure is designed to ensure consumers like us who accuse them of mis-selling are sent via a maze - never to emerge and complain or be successful.
   
3. Which small claims court process should I pursue? There are 2 - but it depends on how much you sue for and then of course there are relevant fees attached. Which would you best advise?
   
4. What do you think is the damages I am due? And which court should I go via?
   

[BazzaS]

What you wanted / needed was a "capped contract", not a "Simplicity" or "SIM only" plan.

O2 never did capped contracts

 

T-Mobile did (called "U-fix"), and Tesco mobile still do, but O2 never did.

 

Did you buy it in an O2 store (where O2 may have mis-sold it)?

Or in a 3rd party dealer store (where the dealer may have mis-sold it, but O2 are essentially blameless :

they got asked to connect a Simplicity plan, and did so)

The difference being : were O2 responsible for advising on the plan's suitability?

[fkofilee]

So after all that, O2 are just ignoring you?

[yasminisyasmin]

Yes they are. They do not care

[yasminisyasmin]

Hi Bazza

 

I bought it in an 02 store. Can you see the contract - it even states the agent's name. I had no idea as the agent recommended it to me. Moreover the mobile phone records will prove there were rarely calls - just texts at school morning time and end of school day....there is no way this contract was right for a 10 year old - who does that?!

 

Thanks

 

Yasmin