mobile phone bill dispute

jhe

not sure if ive posted this on the correct forum but tried the mobile phone forum without success. i recently travelled abroad, before travel i asked my mobile provider to diconnect data roaming.i was advised to do this on the handset, which i did. after a weeks holday ,on return my provider contacted me to say the data usage on my phone was £625. i disputed this and was told by them i must have reactivated the data roaming. they have provided me with a list of data usage amounts ,and times of use. i again disputed the bill and explained it was not possible at certain times stated for me to have been using the phone,they then stated the times i have been given are vague and might not be correct but refuse to advise me other than the bill has to be paid because i am responsible for the sim card.i have asked them for a list of websites that i have allegedly been on that make up the data usage, they refused stating data protection.i would be grateful for any advice on what rights i have.or what the next step is for me to take,

dmg24

Ask for exact times of usage - can you prove that you were e.g. flying at the times in question?

I don't understand them quoting data protection when it is your data!

sporedude

They are correct in stating they cant tell you the websites, Dont think its even possible, What network was it?

dacouch

You could always request a copy of all the data the phone company have on you, its costs a few pounds. You just request a copy of your file under the "Data Protection Act"

jhe

they have given me times of usage, but when i questioned the times they said they might not be correct. they say they are only supplyng me with the information given to them by the foreign network.in their words"the times that show in our network investigation may not be the times the data was used as this only shows the times the data was downloaded to us from the foreign network".and they follow on to say "as you have been advised we are unable to provide information on the websites visited whilst abroad.we dont advertise or provide this service due to data protection"dont know how i am supposed to fight my case with only this information from them!thanks for taking the time to reply to me dmg24

jhe

the networks 02. only took the contract out a month before travel so dont suppose they will have much data on me. i will gladly ask for data on me if it will help my case in anyway.

bookworm1363

Make a Subject Acces Request under the DPA, and send in the statutory fee of £10 with it. They then have 40 days to provide the info. Cheeky beggars.

Also write to them and tell them that you are formally disputing the charges and that any attempt to register negative information on your credit file or pass the disputed bill to a DCA in the meantime will lead to a formal complaint against them.

(just pre-empting, you see) I think they know they are in a difficult situation if the times don't correspond and stating that you "must" have reactivated roaming is just guesswork on their behalf, so they might have problems enforcing the bill... In cases like these, telecom companies have a nasty habit of just flogging the alleged debt to a DCA and wash their hands off it, whether you were in the right or not, which is why I am giving you strong pre-emptive advice.

Bottom line, if they say you owe it, they have to substantiate it and show you where and how, you do not have to just take their word for it, however much it would make their life sooo much easier, lol.

jhe

thanks bookworm. ive paid the bill as they refused to put the data charges on hold and the direct debit was due from my bank by the time they answered my first letter.so hopefully any dispute i have with them now wont affect my credit file.if i had refused to pay the bill no doubt they would have cut the phone off. i did state to them i disputed the data charge part of the bill and asked them to put the charges on hold.the letter off them states"when a user tries to connect to the internet on an iphone whilst out of uk they are required to to agree a series of steps one of which advises the user of increased data charges when roaming,it then asks if the user wishes to continue"{which i dispute i have not knowingly connected to internet i was aware of high charges before travel}they go on to say "the data calls are genuine and chargable.this is because the data calls came from your sim card when used in your phone. our t&c state you are responsible for your sim card and any charges rlating to it"can you tell me what dpa stands for. is it data protection? many thanks for taking the time to reply to me

bookworm1363

Yes, the DPA is the Data Protection Act.

http://www.ico.gov.uk/Global/faqs/data_protection_for_the_public.aspx#fE973DEFA-56FC-483E-88B3-5661D808511B

for info on your data request.

LinasPilibaitisisbatman

Unless your phone was cloned I don't really see how you can get round them. And if it was cloned I doubt it would just be data.

You sign a contract and its not really their fault you inadvertently accessed data services due to not knowing how to function your phone properly.

At the end of the day you can make DSAR's all you want but until you can show that it wasnt your phone your screwed as the phone was in your posession.

jhe

thanks bookworm.i am currently awaiting a reply from 02 to a letter i sent last week.i will follow your advice as above when i get the reply. thanks for your help it is much appreciated