Direct Debit

[Marley71]

Hi. First timer on this Forum.
Last year i changed mobile phone provider over the phone. A confirmation e mail was received, terminating old contract.

So last week i received a letter from previous supplier stating an important message about my sim only contract that it was about to change. The mobile number, i didn't recognise and looking at my bank statements they have been taking an amount every month since 2012!. After calling them i now have the following info;

1. i have had a contract with them since 2009
2. they said i must have taken out another contract in 2012 with this different phone number i don't recognise ( i have only ever had one phone at any time)
3. the number has never been used going back 2 years saying this is as far as they can go.
4. there has been no fraud. They said i have set up the contract.
5.They offered me at first, 3 month reimbursement. I wasn't happy obviously with this.so they stretched to 9 months which i shouldn't have accepted either but was getting exhausted so i did.

I have no documentation of this contract.

Any ideas are gratefully received.

Thanks

[Tyre Smoke]

What ideas do you want?

I don't understand your question.

[anonymous-user]

You haven't actually said if you did, or did not, actually take out this new and unused contract.

Did you set up a new contract, or speak to anyone about a new contract?


If you did not set up the new contract:

If it was me, I would cancel the direct debit right away, and demand that they prove it was you who took out the new contract. Ask them to provide the contract, documents, signatures, call recordings, etc.

Tell them in no uncertain terms that you did not take out the new contract, you never discussed a new contract with them, and if they don't refund you in full you will take it to the small claims court for full reimbursement.

[Monkeylegend]

I would think ideas about how to get a full refund

Although how you fail to notice a payment that should not be taken for 12 years is a bit surprising.

[Tyre Smoke]

He has absolutely no proof that he didn't take out the contract. I'm not saying he did, but ultimately they have his money and insist he took out the contract. He will need to prove he didn't take out the contract. The phone company aren't going to help him do that.

[Marley71]

Monkeylegend said:

I would think ideas about how to get a full refund

Although how you fail to notice a payment that should not be taken for 12 years is a bit surprising.

10 years, but point taken.

[Marley71]

Lord Marylebone said:

You haven't actually said if you did, or did not, actually take out this new and unused contract.

Did you set up a new contract, or speak to anyone about a new contract?


If you did not set up the new contract:

If it was me, I would cancel the direct debit right away, and demand that they prove it was you who took out the new contract. Ask them to provide the contract, documents, signatures, call recordings, etc.

Tell them in no uncertain terms that you did not take out the new contract, you never discussed a new contract with them, and if they don't refund you in full you will take it to the small claims court for full reimbursement.

Cheers, I'll call them again tomorrow. Is a sim only contract only for a mobile phone or can it be for another device do you know?. The letter does say Data, minutes, texts and costs.

[22]

Marley71 said:

Monkeylegend said:

I would think ideas about how to get a full refund

Although how you fail to notice a payment that should not be taken for 12 years is a bit surprising.

10 years, but point taken.

Ask your bank to refund with the direct debit guarantee. I did 3 years' of payments I didn't know about - a servicing agreement I'd apparently agreed to - but no one had proof and I had no idea.