Stolen Mobile - where do stand?

jb007uk

Hi,

I wonder if there are any legal boffins who can offer advice here?

My Son left his iPhone on the dashboard of an Asian (not Indian) Taxi driver's car in Birmingham. On getting out the vehicle to pay the fare the Taxi drive off. Shortly after this happened my Son called the Police at 4.30am and reported what had happened and naturally received a crime number.He was advised by the Police not to call o2 as he would most likely track down the phone through the Taxi company. However the first problem was that he did not know the name of the company he used as he left the club and the Taxi was waiting for a fare outside.

Later that day he rang around the Taxi companies but had no luck establishing which company had a driver outside this particular club at the given time. He suspects that for some reason the Taxi Driver was moonlighting hence the fact that no Taxi firms had a cab in the area.

So, he rings o2 with 24 hours and tells them what happened and they gave him the contact details of their insurer "the geek squad" when he told them the story they told him that they would not replace his phone. Naturally, paying £15 per month for insurance he wronged assumed that he would get his phone replaced.

O.K. although very unhappy, he gets over this only to told by o2 that at 6.30am on the same morning after the phone had been reported stolen to the Police, £180 of calls were made to Asia and that he is liable.

As soon as this £180 came to light our friendly o2 salesman asks my Son to pay his monthly rental and the £180 whereby they will look into it - yeh right. They have now cut his phone off and told him that they will send the debt collectors after him.

Sorry to be so long winded, but not only having his pride and joy stolen, paying insurance at £15 against theft (or so he thought) and now a £180 bill that he must pay or suffer the consequences.

I have advised him to right immediately to the ombudsman, is this the right course of action?

Thanking you in anticipation - Joe

gjchester

jb007uk wrote: »

I have advised him to right immediately to the ombudsman, is this the right course of action?

Thanking you in anticipation - Joe

Unfortunatly the owner is liable for the bills till the provider is told.

The police should have told him to call O2, even if it was returned later a block would have helped.

I also assume the phone did not have a PIN code or SIM lock on it, as those could have helped too. The PIN Code would have stopped the phone being used and a SIM lock stopped the sim being moved to another phone and used.

I know this is not much help but your son is in the wrong, he should have called O2 as soon as it was lost, by not doing so he's liable for the call charges. He also didn't turn on the security mechanisms that could have stopped this happening. I'm not sure how an ombusman can do anything more.

Sorry...

Guys_Dad

You may not like the previous answer, but as far as liability for calls made until the phone was reported stolen, the reply is spot on.

The only hope you have of reducing the £180 is to ring O2 CS and ask nicely if there is anything they can do, remembering that if they do, it's a goodwill gesture, so don't get uppity with them or they will simply say "No".

I don't suppose you got the Policeman's number or name, as his "advice" was bang out of order and cost you £180 or so. Suggest you put in a complaint to the Police station - you should be able to trace the policeman from the crime number. He needs retraining !

But, look at it this way - If your son had lost his wallet with £180 in it, you wouldn't expect the Bank of England to make good, would you?

Next time, and it is a pain, set the phone and sim locks. (Sim lock on its own only helps when you have to switch on the phone)

jb007uk

Thanks for your feedback guys and any subsequent replies.

Joe

gjchester

Guys_Dad wrote: »

Next time, and it is a pain, set the phone and sim locks. (Sim lock on its own only helps when you have to switch on the phone)

True.

I use both, on the logic they need the pin code to use my phone (it autolocks after a minute), and if they remove the sim and put it in another phone (to get around the pin lock) the SIM lock comes in and denies access to the SIM.

MissKeith

Wait, how long did he wait before reporting to the network? On what reason are the insurers not paying out? Did you make a claim?

Orrin

I would still try to make a claim on the insurance regardless of what they told you when you phoned up. Check the policy details yourself and don't rely on what their CS tell you.

Also take a look at your home contents insurance as you may be covered for loss outside the home there too.

Wintermute

"The Geek Squad" is Carphone Warehouse's insurer, not O2's. Why did the reject the claim? Why not try and appeal it and try and claim for the calls made too.

Your son is responsible for the phone and any calls made on the phone until it is reported to O2, if your son reported to the police, but not to O2 he's still liable as it's his responsibility to report the loss of his phone.

The best you can hope for is a goodwill gesture from O2, but I wouldn't hold my breath as the calls made were from your sons phone and O2 are no way at fault for charging him for them.

There's no point in contacting the ombudsman as O2 have done nothing wrong.

DUTR

jb007uk wrote: »

Hi,

I wonder if there are any legal boffins who can offer advice here?

My Son left his iPhone on the dashboard of an Asian (not Indian) Taxi driver's car in Birmingham. On getting out the vehicle to pay the fare the Taxi drive off. Shortly after this happened my Son called the Police at 4.30am and reported what had happened and naturally received a crime number.He was advised by the Police not to call o2 as he would most likely track down the phone through the Taxi company. However the first problem was that he did not know the name of the company he used as he left the club and the Taxi was waiting for a fare outside.
Thanking you in anticipation - Joe

Well Joe,
you have strengthened my fears the iphone owners are stupid*
1) Why does the phone need to be on the dash?
2) It sounds like it was a private hire car which should have been pre booked, only black cabs can you hail and ride.
2b) Was the car he got into even a taxi or private hire car?

* Ok stupid maybe a little strong, but careless

gjchester

DUTR wrote: »

Well Joe,
you have strengthened my fears the iphone owners are stupid*

* Ok stupid maybe a little strong, but careless

Remove "iPhone" and insert "youngsters who've been drinking and clubbing" and you'd be right.

Totally agree with your other comments but I don't think it's jsts iPhone users in the leaving phones and forgetting them after drinking category.