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Stolen Sim Card - Insurance Not Paying Out on £773 Bill

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Hey guys, I have a problem and hope to get some advice.

Long story, very short!

I cancelled my O2 contract and gave one months notice. I got an iphone 4 on Vodafone and got a new contract. My old O2 phone was sold and my sim card put in a locked drawer at work. The O2 sim card was put on all calls to forward to my Vodafone if my old number was called.

After 2 weeks of having my iphone 4 I started receiving calls from Africa. I complained to Vodafone but they couldn't understand how the new number I had was getting so many calls from abroad.

A week later, I understood. O2 sent me a bill for £773.01.

Basically, my sim card was stolen from my drawer by one of our cleaners (who is African) and they made numerous calls to Enitrea (East Africa) amongst other countries. The police did not have sufficient evidence to arrest the person so they gave me a crime reference number and closed the case.

O2 insurance say I am not insured because the sim card was not in the phone at the time of being stolen.

However, O2 the network was sympathetic and have now offered to refund half the charges to me.

My friend who has worked at a phone insurance firm says I best take the offer as the network are not obliged to do this as its an insurance issue. He says that I should take the offer and then chase the insurance firm further.

What do you think?

For your information, at the start of the T&C's of the insurance it says:

What all phrases mean
This glossary explains what all the phrases mean when used in this policy

Equipment
The insured device, excluding accessories, where the IMEI (the phone) and the Sim card is in use and registered with O2.


Do I have an argument with the insurance firm or am I stuck?

Also, should I accept the networks offer and chase the insurance firm for the rest?

I am just worried that if I do not make the payment and then have a missed payment on my credit rating my re-mortgage next year will be affected.

Thoughts and views welcomed

Comments

  • mcjordi
    mcjordi Posts: 4,238 Forumite
    Part of the Furniture Combo Breaker
    why wasnt the sim card cancelled when you cancelled the contract?? normally my old contract sim's are transferred to PAYG..
    Sealed pot challenger # 10
    1v100 £15/300
  • mcjordi wrote: »
    why wasnt the sim card cancelled when you cancelled the contract?? normally my old contract sim's are transferred to PAYG..

    My point exactly. I actually said to them I want to cancel and pay the contract up and 'customer services' said "no you have to give 30 days notice"! After a few words I said fine but I am not using it.

    A guy in O2 Complaints Department said, "I would have cut the sim card up". Hindsight is great aint it?! :(
  • mountainofdebt
    mountainofdebt Posts: 7,795 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I think that the OP cancelled the contract with O2, opening up a new contract with vodafone so that in effect the two overlapped.

    If this is the case it doesn't explain why the OP didn't cut up the O2 sim card which I would have thought was the most sensible thing to do.

    Is (or more hopefully, was) the cleaner employed by your company OP or was she a member of a company contracted to do the cleaning?

    Couldn't you sue her / the cleaning company in a civil claim?
    2014 Target;
    To overpay CC by £1,000.
    Overpayment to date : £310

    2nd Purse Challenge:
    £15.88 saved to date
  • pcombo
    pcombo Posts: 3,429 Forumite
    you cant use a contract sim then turn it into a pay as you go. They either send you a new sim card wit the same number.
  • mcjordi
    mcjordi Posts: 4,238 Forumite
    Part of the Furniture Combo Breaker
    pcombo wrote: »
    you cant use a contract sim then turn it into a pay as you go. They either send you a new sim card wit the same number.

    they did on 02 before.. may of changed since as ive been on payg for a while now... never got a new sim just used the old contract one..
    Sealed pot challenger # 10
    1v100 £15/300
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pcombo wrote: »
    you cant use a contract sim then turn it into a pay as you go. They either send you a new sim card wit the same number.

    T-Mobile used to do that all the time. Was the same sim.

    Anyway, even if they had sent out a different sim, the original sim wouldnt be in working order as soon as the other was linked to their phone number.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mcjordi wrote: »
    why wasnt the sim card cancelled when you cancelled the contract?? normally my old contract sim's are transferred to PAYG..
    Maybe because the OP was still within the cancellation notice period, so still not fully cancelled.
  • pinkshoes
    pinkshoes Posts: 20,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ahhh, so you cancelled the O2 contract by giving 30 days notice, but got your new Iphone with Vodafone straight away, so the O2 sim card you put in the locked drawer was still live and had x days to run until it was cancelled?

    In that case, then the bill is your responsibility, and it might be an idea to take up their offer of only having to pay half!!

    In the mean time:

    What did the police mean by "insufficient evidence"?
    Have the police recovered the SIM card?
    Did they take fingerprints from it?
    Are work getting involved by speaking to anyone who had access to the key?
    Are you 100% sure it's this cleaner?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • mcjordi
    mcjordi Posts: 4,238 Forumite
    Part of the Furniture Combo Breaker
    neilmcl wrote: »
    Maybe because the OP was still within the cancellation notice period, so still not fully cancelled.

    would appear so yeah..
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    1v100 £15/300
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