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O2 very high bills for overuse

Patd94
Patd94 Posts: 5 Forumite
So, firstly yes apprently I am stupid,
For years I have has a contract with O2 for a phone for my Daughter.
I have had a few issues with her using more than Her contract allowed but just accepted it, told Her off and lived with it.
She was due to turn 18 in May and we incorrectly worked out that Her contract was due to stop around the same time. I did not intend to continue using O2 as it was expensive and she would also have to start paying for it herself.
The contract was actually up last November(2010) so the special deal I had with them apparently stopped. It would have been nice iof they had phoned and asked if i wanted to renew.
When I looked into cancelling I noticed some quite large bills, instead of £30 it was £90.
I checked the usage and yes my Daughter had used the credit, but if I have unusual activity on my bank account, credit cards, paypal I get a phone call.
I sent a letter complaining and telling them I was no longer using their service. They say this is not good enough.
I sent an e-mail and a letter but not a signed letter.
How come when taking out the contract online I do not have to sign anything, but when cancelling I do.
Anyway yes some of this is my fault for not keeping a check, but are they liable for not informing me?????????????
Any help appreciated and yes I already know I am an idiot.

Thanks In advance Pat:mad:
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Comments

  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You have answered your own question really, they have millions of customers, so it would be difficult to manage everyone just because their calling pattern changes, just put it down to experience, and be bothered about the bills etc, as as you have discovered, if you can't be bothered then nobody else will either :o
  • freeoffers
    freeoffers Posts: 395 Forumite
    Patd94 wrote: »
    Anyway yes some of this is my fault for not keeping a check, but are they liable for not informing me?????????????

    Answer is in the question. That's the trouble with giving kids a mobile contract I'm afraid. I believe there are ways you can track your own usage online, but it's not really their fault that your daughter overused and they have no obligation to tell you, AFAIK.

    Put it down to experience sir.
  • Patd94
    Patd94 Posts: 5 Forumite
    Agreed, I should have been more attentive, but my bank, my credit card and especially paypal have loads of customers, and they can be bothered to keep an eye on things.
    I have at times had calls from all 3 to check spending.
    Just wondered if as with Credit Cards there is any chance of legally getting you money back.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Patd94 wrote: »
    So, firstly yes apprently I am stupid,
    For years I have has a contract with O2 for a phone for my Daughter.
    I have had a few issues with her using more than Her contract allowed but just accepted it, told Her off and lived with it.
    She was due to turn 18 in May and we incorrectly worked out that Her contract was due to stop around the same time. I did not intend to continue using O2 as it was expensive and she would also have to start paying for it herself.
    The contract was actually up last November(2010) so the special deal I had with them apparently stopped. It would have been nice iof they had phoned and asked if i wanted to renew. mobile phone contracts have minimum terms,they ont stop at that minimum term
    When I looked into cancelling I noticed some quite large bills, instead of £30 it was £90.
    I checked the usage and yes my Daughter had used the credit, but if I have unusual activity on my bank account, credit cards, paypal I get a phone call.
    I sent a letter complaining and telling them I was no longer using their service. They say this is not good enough.
    I sent an e-mail and a letter but not a signed letter.
    How come when taking out the contract online I do not have to sign anything, but when cancelling I do.
    Anyway yes some of this is my fault for not keeping a check, but are they liable for not informing me?????????????
    Any help appreciated and yes I already know I am an idiot.

    Thanks In advance Pat:mad:

    some of this is your fault? I dont get your point?
    are you disputing the bills or is that actually what your daughter used?
    I have never sent any form of letter to cancel a mobile contract,do you mean a letter requiring a signature?
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Although you are billed monthly, either by paper statement or online, it appears that you have not checked that or your credit card/bank statements since November 2010? How is that any else's fault, and on what grounds do you expect your credit card company to do a chargeback? The charges are presumably legitimate (she's made the calls, the phone has not been stolen or misused) and there is nothing fraudulent about the amount taken?
    The only person you can ask to reimburse is your daughter.
    No free lunch, and no free laptop ;)
  • Patd94
    Patd94 Posts: 5 Forumite
    Not trying to make any point, just wondered if they have legal requirements like credit card companies, banks e.t.c....
    And just to clarify
    They are very strongly insisting that I send them a letter with my signature on it to cancel my srvice with them. otherwise they will carry on billing me.
    I have it in writing.
    I am not currently in a "contract" with them, the 18 month contract I had with them ended last November.
    They then automatically put me on their standard £35 a month service, no letter no call, nothing.
    I am pretty sure when my fixed mortgage finishes in October I will get a nice letter informing me.
    My internet provider quite happily e-mail me when the kids have been overusing and I am close to my download limit.
    When I spent heavily on my credit cards at xmas I had a nice freindly call from my card company to check it was me spending on it.
    Same from paypal when I use ebay a lot.

    I did actually stress that most of the fault was mine in the letter I sent to them, but when people don't pay the minimum payment on their credit card bills and get charged for it, it is basically their fault. This can be claimed back.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Patd94 wrote: »
    Not trying to make any point, just wondered if they have legal requirements like credit card companies, banks e.t.c....
    And just to clarify
    They are very strongly insisting that I send them a letter with my signature on it to cancel my srvice with them. otherwise they will carry on billing me.
    I have it in writing.
    I am not currently in a "contract" with them, the 18 month contract I had with them ended last November.
    They then automatically put me on their standard £35 a month service, no letter no call, nothing.
    I am pretty sure when my fixed mortgage finishes in October I will get a nice letter informing me.
    My internet provider quite happily e-mail me when the kids have been overusing and I am close to my download limit.
    When I spent heavily on my credit cards at xmas I had a nice freindly call from my card company to check it was me spending on it.
    Same from paypal when I use ebay a lot.

    I did actually stress that most of the fault was mine in the letter I sent to them, but when people don't pay the minimum payment on their credit card bills and get charged for it, it is basically their fault. This can be claimed back.

    so you want to claim back money for services your daughter used?
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Buried in the t&c it will tell you that you have a rolling contract with an initial period. It doesn't end till you cancel it. So, regrettably, it didn't end after 18 months as you suggest.

    I agree with you that they should accept a contract cancellation via the same medium that they are prepared to accept orders and that insisting on a letter is a bit OTT, but it's not the end of the world and you need to do it, no matter how aggrieved you feel.

    On your other points, no, they are not obliged to monitor your account to the extent you suggest.

    I ain't going to rub it in or anything as you have acknowledged your fault and that you were asking for some advice as to how to get some money back etc. The position you are in is it seems that you are being rightfully charged and any reduction you might get - a slim hope - would only be via the goodwill of the network.

    You may also be on a 30 day notice period and it may be betterer to get your PAC code and transfer to another service provider.
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    I have never had any mobile provider tell me my contracts up, its a none starter. Why dont you want to sign a letter to end a contract? Call up and ask to cancel if your that worried, but no reason to be worried
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Patd94 wrote: »
    Not trying to make any point, just wondered if they have legal requirements like credit card companies, banks e.t.c....
    And just to clarify
    They are very strongly insisting that I send them a letter with my signature on it to cancel my srvice with them. otherwise they will carry on billing me.
    I have it in writing.
    I am not currently in a "contract" with them, the 18 month contract I had with them ended last November.
    They then automatically put me on their standard £35 a month service, no letter no call, nothing.

    I am pretty sure when my fixed mortgage finishes in October I will get a nice letter informing me.
    My internet provider quite happily e-mail me when the kids have been overusing and I am close to my download limit.
    When I spent heavily on my credit cards at xmas I had a nice freindly call from my card company to check it was me spending on it.
    Same from paypal when I use ebay a lot.

    I did actually stress that most of the fault was mine in the letter I sent to them, but when people don't pay the minimum payment on their credit card bills and get charged for it, it is basically their fault. This can be claimed back.

    Your contract did not end, it simply reached the end of it's minimum term. As stated above, it the becomes a rolling 30 day contract, which continues until such time as you give 30 days notice to cancel. Hence you are still in contract and will be until 30 days after you give notice. Every single mobile contract works this way.
    In your case, you were apparently on a promo offer that also ceased at the end of the minimum term.
    Since your daughter carried on using it, knowing you believed it to be cancelled, isn't it her you should be having a discussion with, not O2? They may well have sent a text or email to her informing her of the changes, that's always been how O2 have communicated with me.
    No free lunch, and no free laptop ;)
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