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  • Nicky321
    Nicky321 Posts: 1,426 Forumite
    Wintermute wrote: »
    Are you able to pay it for him? If it's that bad pay the money then continue to dispute it in an attempt to get a refund.

    Now that you've been in touch with the premium rate SMS company I'd recommend contacting O2 over the phone again, don't make any threats about court etc. just explain that you're disputing the amount, that you've contacted the company and you'd like O2 to look into things on your behalf.

    O2 can't block the messages (yes, they could technically, but there's no system in place to do it)
    O2 are unlikely to credit you back the charges as they're still getting charged for them (even if they do take a cut).
    They can however investigate things on your behalf, I think the timescale is something like 5 working days, but they will look into the issue and contact the company involved.
    O2 shut at 21:00 so you still have time to call them tonight, if you feel like you're not getting anywhere don't be afraid to ask for a manager.

    Have you checked with your son just in case he did access some WAP site with "premium rate content"? As if he did the investigation may just come back and prove the charges are valid.

    Good luck!

    Thanks for your reply, I am unable to pay this amount for him, as I have debts of my own and am only just keeping my head above water. He has no knowledge of accessing any content they say he has, and like I say they say 19 times @ £6.00 but on the o2 bill it says 76 @ 0.83p
  • NFH
    NFH Posts: 4,413 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Nicky321 wrote: »
    This is what she said "You were on our WAP site on 2 December 2011 and purchased premium rate content that you got charged for accordingly. Each item viewed cost £6 and you accessed 19 of them. You have been charged accordingly for the content"
    You need to find the address of the WAP site and check whether the charges are clearly advertised. If they are not, then the operators of the site are in breach of Regulation 5(4)(g) of the Consumer Protection from Unfair Trading Regulations 2008.
    Nicky321 wrote: »
    Switchfire have asked for a copy of the bill, do i send it?
    No, copy and paste the relevant part. They don't need to see all of it.
  • Nicky321
    Nicky321 Posts: 1,426 Forumite
    After a few more emails to switchfire, an online chat with O2, and a telephone call to O2, it looks like the extra charges are being dropped from my sons bill. I cannot begin to tell you how relieved I am. Thankyou to a lovely helpfull customer service assistant at O2. I cannot thank them enough.
  • DIN786
    DIN786 Posts: 21 Forumite
    i am in the same boat got up today to find 328 bill!!! 240 from 89996!! all over night txt messages coming!! it did not stat i was getting charged for receiving the bl**dy txts i thought nothing of it!! i have emailed switchfire o2 are saying they cannot do anything!!

    that 328 bill has made me literally skint!!! what did u say to all parties and have you gotyour oney back??> as o2 have already charged me the 328!!!:mad::(:(
  • pimento
    pimento Posts: 6,243 Forumite
    Part of the Furniture 1,000 Posts
    O2 can block premium rate texts. They don't advertise it and they don't like to do it but I managed to get them blocked when I asked for an international call blocker on my contract line.
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
  • Nicky321
    Nicky321 Posts: 1,426 Forumite
    edited 11 December 2011 at 4:47PM
    DIN786 wrote: »
    i am in the same boat got up today to find 328 bill!!! 240 from 89996!! all over night txt messages coming!! it did not stat i was getting charged for receiving the bl**dy txts i thought nothing of it!! i have emailed switchfire o2 are saying they cannot do anything!!

    that 328 bill has made me literally skint!!! what did u say to all parties and have you gotyour oney back??> as o2 have already charged me the 328!!!:mad::(:(
    We rang O2, spoke to them online, none where of much use, they just said it had nothing to do with him, making out that he was liable for it all. Emailed switchfire, no joy, they even rang him on his mobile after us specifically asking for them not to contact him via this number. Logged a complaint with phonepayplus. I just kept getting on at O2 saying surely they had a duty of care to protect the customer. Eventually, I think the credit from O2 was because I was fearing the safety of my son and broke down into a blubbering mess on the phone.

    Have you logged a complaint with phonepayplus?
    We was advised to TXT STOP to the numbers texting him.
    We also registered his number with the Telephone Preference Services TPS

    Maybe this could be of use http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq8.htm
  • NFH
    NFH Posts: 4,413 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Nicky321 wrote: »
    We was advised to TXT STOP to the numbers texting him.
    Never do this. Any communication from you to the third party could be construed as forming a contract between you and the third party. It will show up as a chargeable outgoing text on your bill and will not show the content of the message.
  • Nicky321
    Nicky321 Posts: 1,426 Forumite
    NFH wrote: »
    Never do this. Any communication from you to the third party could be construed as forming a contract between you and the third party. It will show up as a chargeable outgoing text on your bill and will not show the content of the message.
    O2 actually advised us to do this :(
  • NFH
    NFH Posts: 4,413 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Nicky321 wrote: »
    O2 actually advised us to do this :(
    Yes, they no doubt did so, because they want to wash their hands of the problem. Their advice is in their own interests, not yours. If you are disputing that you have a contract with a third party, then the last thing you should do is contact that third party, which will provide a record on your phone bill that you have done so. Your contract and relationship is with O2, not with the third party, so you should correspond only with O2 regarding the matter.
  • NFH wrote: »
    Yes, they no doubt did so, because they want to wash their hands of the problem. Their advice is in their own interests, not yours. If you are disputing that you have a contract with a third party, then the last thing you should do is contact that third party, which will provide a record on your phone bill that you have done so. Your contract and relationship is with O2, not with the third party, so you should correspond only with O2 regarding the matter.

    A bit cynical, but fair enough. Normally with these cases they'd look at the time stamp as a starting place, if somebody's just received a number of premium texts THEN replies to one the time stamps will show the customer's sent one after they've received them so it's unlikely that somebody will call to dispute them, claim they've texted STOP when they've really opt'd in for them.

    If you text STOP, they don't stop, you get no where disputing things directly then you go back to O2 with your dispute they'll generally submit an investigation over the premium rate charges which actually includes pulling the content of the text messages to see if any attempt to unsubscribe has been made.

    Personally I think these should be banned or require opting in via the same way the charges are delivered (i.e. a SMS sent), they really need tougher regulation, but customer services generally aren't out to screw you.
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