Mobile phone competion scam............legal postion
Discussion
I've been wondering for a while why my mobile phone bill was higher than it should be. Unfortunately, I signed up for 'no post bill', so it was up to me to login to my account and check, it, which I freely admit to not doing. Anyway, the extra, unexpected charges were not that obvious. I have now checked out my account since the phone contract started, and my estimate is circa £170 in charges to these scum. It was the usual trick, txt a 'competition' to you, and unless you txt back stop, you're hooked. I have managed to track down the company via my Mobile provider, and have logged a call back to them. I'm going to demand a refund. Now, the question. What is the legal situation re this? I haven't made any agreement with them, they don't have my signature on anything, nothing at all to say they can txt me, and then charge 3x£1.25 If they don't cough up, small claims court, and my expenses will exceed the £170 by a factor of 3. Any legal beagles input will be gratefully received. Please don’t tell me I was a pratt, the wife has beaten you all to it!!!!!!!!!!
Start with the regulator and see if you actually have grounds for a complaint : http://www.phonepayplus.org.uk/For-the-Public/Make...
marshalla said:
Start with the regulator and see if you actually have grounds for a complaint : http://www.phonepayplus.org.uk/For-the-Public/Make...
Already been to that website. Just wanted to know my legal position, so when/if the culprits call me tomorrow, I know what to say. As a non legal guy, I would be surprised if it got to a small claims hearing, they'd have a leg to stand on.TheEnd said:
Could anyone else have got hold of your phone?
I know about the pay-to-receive texts, but I haven't heard of full unxolicited ones despite how easy it must be to just fire them off at random numbers.
We've all got our own phones in our house. Definately just arrived out of the blue. Win-an-iPad it was called.I know about the pay-to-receive texts, but I haven't heard of full unxolicited ones despite how easy it must be to just fire them off at random numbers.
NH1 said:
I've heard all the urban myths but I didn't think it was possible to get unsolicited texts and be charged for them. I would think your provider would have to foot the bill in this case, otherwise everyone would be at it.
Well, I emphatically didn't ask or accept a stupid competition to win an iPad. If you read the 02 forum, you'll find an incident of a lady being billed for a porn download............not asked for either.http://www.bbc.co.uk/news/business-16219947
Google SwitchFire
Edited by robinessex on Monday 23 June 18:27
Edited by robinessex on Monday 23 June 18:28
Missus had exactly the same but she picked it up immediately and was only had for £4.50 whichas a matter of principle. Why would anyone in their right senses subscribe to this service at circa £20 a month? You can download dodgy MP3s for free on the internet or buy songs for 79p on itunes. Hell my missus only pays £7/month for he phone service. Why would she subscribe to a ringtone service for £20/month.
she harrased her operator into refunding as a littke bit of research online showed that many big operators are in on the scam and its a nice little earner for them.
Is this the company that sounds like Scooby Doo and parent company is something like a TKO?
Phonepayplus, the regulators are a waste of time. We submitted a complaint in February and they never bothered to acknowledge it or reply.
Phone your mobile provider and get them to refund the charges and also put in a complaint to Payphoneplus. Call your provider every other day if you have too. If you do twitter/facebook, bombard the rogue company's pages with negative messages.
she harrased her operator into refunding as a littke bit of research online showed that many big operators are in on the scam and its a nice little earner for them.
Is this the company that sounds like Scooby Doo and parent company is something like a TKO?
Phonepayplus, the regulators are a waste of time. We submitted a complaint in February and they never bothered to acknowledge it or reply.
Phone your mobile provider and get them to refund the charges and also put in a complaint to Payphoneplus. Call your provider every other day if you have too. If you do twitter/facebook, bombard the rogue company's pages with negative messages.
robinessex said:
Well, I emphatically didn't ask or accept a stupid competition to win an iPad.
In short, the legal situation is that they believe that you have entered into an agreement with them for them to send you texts for a certain charge until you end the contract.If you have categorically not entered into this agreement, then there is no contract.
The question for them is - preferably before getting nasty - asking them why they think that you entered into this contract.
JustinP1 said:
robinessex said:
Well, I emphatically didn't ask or accept a stupid competition to win an iPad.
In short, the legal situation is that they believe that you have entered into an agreement with them for them to send you texts for a certain charge until you end the contract.If you have categorically not entered into this agreement, then there is no contract.
The question for them is - preferably before getting nasty - asking them why they think that you entered into this contract.
You could enter into an agreement by sending a text - you don't need to sign a piece of paper to enter into an agreement.
O2 may simply say that the agreement is between you and the company, they are just the billing mechanism.
The situation fundamentally changes if there is evidence of you entering something, even unwittingly, so first I would ask the company exactly why they are sending you texts.
O2 may simply say that the agreement is between you and the company, they are just the billing mechanism.
The situation fundamentally changes if there is evidence of you entering something, even unwittingly, so first I would ask the company exactly why they are sending you texts.
robinessex said:
I'm going to tackle 02 about it. I don't see how they can pass a charge onto me from a company I haven't entered into an agreement with to provice me a service.
O2 are the billing medium, how do they know if you entered into an agreement or not, what they do know is you received chargable texts, there is a good chance there was some form of small print and cancellation info in the texts you deleted. So as far as they can see you've benefitted from the service then query it on seeing the bill.Engineer1 said:
robinessex said:
I'm going to tackle 02 about it. I don't see how they can pass a charge onto me from a company I haven't entered into an agreement with to provice me a service.
O2 are the billing medium, how do they know if you entered into an agreement or not, what they do know is you received chargable texts, there is a good chance there was some form of small print and cancellation info in the texts you deleted. So as far as they can see you've benefitted from the service then query it on seeing the bill.Google switchfire
http://community.o2.co.uk/t5/Pay-Monthly-and-Pay-G...
There's loads of these out there.
Small print always says by entering you agree to be entered every week at a cost of blah blah blah. Text STOP to opt out.
You would have sent a text to them at some point to start this either knowingly or not realizing at the time what it was...
you won't get anywhere with a refund as you had the option to opt out when you wanted, not their fault you didn't check your bill sooner.
Small print always says by entering you agree to be entered every week at a cost of blah blah blah. Text STOP to opt out.
You would have sent a text to them at some point to start this either knowingly or not realizing at the time what it was...
you won't get anywhere with a refund as you had the option to opt out when you wanted, not their fault you didn't check your bill sooner.
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