O2 data roaming charge - misleading text message

dom52

I'm looking for some advice on a current bill dispute I have with O2 over data roaming charges. It may be that I have no argument but I thought I'd do my research before settling for the 'goodwill gesture' that they're offering me.!

I went on holiday during September and turned data roaming off on my iPhone to avoid any massive charges. On 24th September (while I was on holiday) I received two text messages from O2 in the early hours of the morning. The first saying I had spent £20 on data and the second saying I had spent £40 on data and my bill would be capped regardless of future data use.!

I was rather annoyed with myself as I assumed I had left and app running that may have ate up data. So having thought I had capped my spend I proceeded to use the internet on my phone on 26th September.!

When I returned from holiday I had come to terms with the fact that my monthly bill was going to be somewhat larger than expected. When I received my monthly bill I was in fact charged 27.17 for data use, and this charge related to my activity on 26th September.!

I was moaning to one of my colleagues at work and they sent me a link to an article on the BBC website (bbc.co.uk/news/business-15219675) which said that O2 had sent a data roaming text in error on 24th September to about 100 of its customers.!

I was really annoyed now because I would have avoided charges altogether had I not received a misleading text from O2. I proceeded to call their customer services team to dispute the charge. After explaining my issue to the operator she proceeded to talk to her manager about the issue.!

When she came back she said there was nothing they could do as I had used the data. I said this was a little unfair as I wouldn't have used it had I not received the text fromO2 and so the operator quickly changed her tune and offered a partial refund (of half the spend). I asked why they couldn't refund the full amount and was told that was the best they could do.!

I asked to speak to a manager and after more waiting the operator came back again saying that a partial refund was they best they could do so again I asked to speak to a manager and was event eventually put through to a rather rude person named Penny.!

Penny said there was nothing they could do. Despite my best efforts to explain the situation in simple terms she didn't quite understand what my complaint was, she just said "why did you use the Internet if you knew you weren't going to be charge?". But the issue is I thought I WAS going to be charged £40 so that's the only reason I went online on the 26th. Had I not received a misleading and incorrect text message from O2 I would have had no charges.!

So my question is, should I take the partial refund they are offering me or should I fight to get the full refund? I don't know what the law is regarding text messages such as the one which was sent in error.!

Any advice welcomed!

bengalknights

Fight for a full refund and ask them to refer to there error on the specific date they sent you the text claiming you had run up a bill.

Techhead_2

bengalknights wrote: »

Fight for a full refund and ask them to refer to there error on the specific date they sent you the text claiming you had run up a bill.

If you had received a text saying you were nearing the limit, and about to run up a big bill, would you:

a) Cut down / stop your usage so as not to incur a large bill

b) Do as the OP did and increase your usage, guaranteeing a bill.

The fact the text was sent too soon, just means its overcautious. Its a mistake that would cause most people to spend less, not more.

So in my opinion, the existing offer should be accepted.

latecomer

He was told he had already incurred the costs and that the total would be capped. Seeing as he'd been told he would be billed - why wouldn't he continue to use it?

I'd continue fighting that all the way.

Techhead_2

latecomer wrote: »

He was told he had already incurred the costs and that the total would be capped. Seeing as he'd been told he would be billed - why wouldn't he continue to use it?

I'd continue fighting that all the way.

That's not quite right, the text tells you that the bill is capped and data is turned off unless you request more use. As it wasnt turned off then the OP was under the limit but still aware they were near it so should have been cautious.

Guys_Dad

Techhead wrote: »

That's not quite right, the text tells you that the bill is capped and data is turned off unless you request more use. As it wasnt turned off then the OP was under the limit but still aware they were near it so should have been cautious.

But assuming OP was au fait with the way that the data is cut off at £50, then the maximum additional charge they could have faced was £10 after the text was received. Then cut off, but keep going till that happened

So OP should have expected a £50 bill - i.e. only £10 more charge - and been cut off.

They have a point that their charge should not exceed £10 given that the text was totally wrong and mislead them into believing that they were only able to use £10 additional data.

Having said that, I would rather have got the bill that they did rather than £50.

This is all based upon the holiday being within the EU.

latecomer

Techhead wrote: »

That's not quite right, the text tells you that the bill is capped and data is turned off unless you request more use. As it wasnt turned off then the OP was under the limit but still aware they were near it so should have been cautious.

I can only go on what the OP wrote, which differs from what you say.

dom52

The message:

You've spent £40 on data in Europe. We won't charge you any more on your current bill, but we'll stop the data service if you go over 50 meg

dom52

Also I received both texts at 6.33am and 6.55am respectively. I was a asleep at the time!