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New Virgin phone apps ran up a bill

Hobb
Hobb Posts: 44 Forumite
Part of the Furniture 10 Posts Combo Breaker
Hi everyone. Newbie here. I wonder if you would care to cast an opinion on this issue?

A few months ago I bought a new phone and contract from Virgin mobile. Its a Samsung Galaxy Ace 2. It came with a sim contract.

I didn't like the phone so I gave it to my OH. She put her sim in and started to use it.

She noticed that her monthly phone bill was unusually high, from £6 a month to over £20. I assumed that she'd had to make a lot of calls outside her contract allowance.

After a couple of months we checked with Virgin mobile and it appears the phone is pre-loaded with several apps that automatically update several times a day. As she didn't have a data allowance on her contract, she was duly charged for it at the standard rates, which ran up the £20+ bill.

Virgin have said this is my fault, which I suppose to some degree it is. But, I've not heard of mobiles coming with pre-loaded apps that do that before. And the phone only had a bare minimum instruction book, so we had no idea the apps were on and doing this. Although the phone has wi-fi, it doesn't just use that to get net access.

The bill is around £50 that the apps have run up. My question is, should I argue with Virgin about it to get the £50 back?

Happy to hear opinions on this if anyone cares to venture one. :)
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Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hobb wrote: »
    ...I wonder if you would care to cast an opinion on this issue?

    ...

    She noticed that her monthly phone bill was unusually high, from £6 a month to over £20. I assumed that she'd had to make a lot of calls outside her contract allowance.
    You could have and should have checked the bill instead.
    ...
    Virgin have said this is my fault, which I suppose to some degree it is. But, I've not heard of mobiles coming with pre-loaded apps that do that before. And the phone only had a bare minimum instruction book, so we had no idea the apps were on and doing this.
    I totally agree with Virgin. Whose else fault can it be? They have sold the phone on a contract with data.
    Although the phone has wi-fi, it doesn't just use that to get net access.
    It does if you have WiFi and connect the phone to it. It cannot do it without you entering the password at least once.
    The bill is around £50 that the apps have run up. My question is, should I argue with Virgin about it to get the £50 back?
    I don't see any grounds for arguing. Either switch mobile data off in the settings or ask Virgin to switch it off on their side or change the tariff to a one with data allowance.
  • Emy1501
    Emy1501 Posts: 1,798 Forumite
    If you own a smart phone most providers will advise you to take out some form of data.

    Your probelm here is that you gave the phone to someone else and therefore it should have been down to them to check with their provider regarding data charges.

    If you have a smartphone with no data package then you should disable data as things will run in the background and whilst on mine they only use about 1mb a day at 60p-£1 a day without a plan this will add up.

    If Virgin had sold you the phone without a data plan you may have had an argument and they probably would have reduced the costs but cant see the argument with regards to someone else using the phone without a data plan.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Agree with the comments so far. Smart phones use data and data must be disabled if there is no data plan or you can just add a data plan for usually about £5 per month.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Buzby
    Buzby Posts: 8,275 Forumite
    Even without the Pre loaded apps, the responsibility to stop the smartphone from using services that you don't wish to pay for remains - you've guessed it - with the user. If you don't require data, then it needs to be turned off and this will prevent any charges being billed.

    Your SIM probably had an element of inclusive data so this would not have been an issue, but putting a different SIM in without knowing or caring of the possible consequence is not be network's responsibility!
  • Hobb
    Hobb Posts: 44 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thank you for the comments, but I'm slightly puzzled by the fact that all the comments assume pre-existing knowledge.

    If I was not aware the phone was already set to update the apps on a daily basis, and there was no notification of this by the company, why is that my fault?

    I accept that I bought the phone and bought the sim together, but the use of that remains with me. If I choose to use them separately, why should that incur charges, where I am not aware of those charges?

    Both sims are Virgin sims btw. Same Virgin media account too.
  • grumbler
    grumbler Posts: 58,629 Forumite
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    edited 4 December 2012 at 7:35PM
    What sort of notifications did you expect? That your phone was using mobile data that your wife's account was enabled for?

    £16 extra on her bill was more than sufficient 'notification' that you simply ignored.
    Both sims are Virgin sims btw.
    And what? All major providers offer dozens on different tariffs.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Hobb wrote: »
    Thank you for the comments, but I'm slightly puzzled by the fact that all the comments assume pre-existing knowledge.

    If I was not aware the phone was already set to update the apps on a daily basis, and there was no notification of this by the company, why is that my fault?

    I accept that I bought the phone and bought the sim together, but the use of that remains with me. If I choose to use them separately, why should that incur charges, where I am not aware of those charges?

    Both sims are Virgin sims btw. Same Virgin media account too.

    You have got hold of a sophisticated piece of technology and then, like so many people, haven't bothered to read the manual on how to use it properly.

    I was derided some time ago when I suggested people ought to be made to take a "smartphone driving test" before they were allowed to get one - simply for their own protection from situations such as this - not to mention roaming!

    Take some time out or get hold of someone who knows something about them - start with any normal 12 year old, as they are usually pretty savvy. If you don't then you will (a) never get the full benefit of a smartphone or (b) continue to get big bills.

    Either that, or replace it with a good basic normal handset.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 December 2012 at 7:40PM
    Guys_Dad wrote: »
    You ... haven't bothered to read the manual on how to use it properly.
    I think this is a bit unfair. The manual is superficial and you'll struggle to find any hints there that the phone consumes data without asking the owner.
  • I can see where everyone above is coming from, perhaps calling virgin again and seeing if they can make some sort of gesture towards the bill?

    Token gesture of goodwill is better in your pocket than theirs.
    Newish member, lover of technology and all things mobile
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    grumbler wrote: »
    I think this is a bit unfair. The manual is superficial and you'll struggle to find any hints there that the phone consumes data without asking the owner.

    Grumbler, have you been to W H Smith's lately and seen the plethora of guide books for Androids and Iphones? Come on!

    And just what is "smart" about a "Smart phone" that does not in some way revolve around data??
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