Challenging 3rd Party Mobile Charges

[db6279]

I have a contract with EE. I was browsing facebook and clicked on a link. I immediately received a text telling me I was subscribed to a service costing £4.50 per week. Needless to say, I do not feel I consented to this. Certainly not enough to form a contract by simply clicking a link. I spoke to customer services at EE who assured me the charge was cancelled. However, they have let this company charge me for 6 weeks now and have now refused to refund the charges saying that it has nothing to do with them.

 

EE have simply referred me to PhonePayPlus etc. I think we all know that the company in question are basically a [problem] company so I have no faith in them to refund me or cancel my subscription. My argument would be that my contract is with EE and so any charges I am charged by them should be justified by them. Im not saying they should be in possession of evidence to pass on, but there should certainly be more than an 'anyone can ask for money and we will just remove it from you and give it to them' approach.

 

That said, this problem has been around for a while and I am not the first to suffer from it so there must be some reason why nobody has challenged a phone company via the courts. On what basis can they simply pass on this cost and deny contractual responsibility for it?

 

I have a law degree and am considering pursuing this via the SCC. What legislation are they relying on that allows them to pass on third party charges unhindered? Surely any such clause in the contract allowing this would be an unfair clause as I am a consumer?

[fkofilee]

Its not Oxygen 8 by any chance is it?

 

Oh and Welcome to CAG

[db6279]

Not sure what Oxygen 8 is but no, it isn't that.

[fkofilee]

Whos the company applying the charges? (To EE which pass it on to you?)

[db6279]

PPP says it is 'Fonix Mobile Limited' although it appears as 'topikoo' in the text message. I have no idea what service they are providing.

[fkofilee]

Try ringing 03333217042 On Monday... I believe this is the number for them. You can unsubscribe. As for the money already lost, complain up the chain to EE Management.