unfair cessation fee on Talkmobile

gycraig_2

They have strict terms and conditions that keep you and the network safe and on a even footing.

You'v tried to get round this and have ran up a 200 quid bill due to a negligence. A lot of customers wouldn't pay this and if it had been allowed to get higher would you of paid a 6k bill ? I know I wouldn't which is why there refusing your service,

pyrwo

I have asked Talkmobile to state the clauses rfom the T&C that I have breached and below is the reply I have received.

The information provided to us by our operations team relate to the terms of your contract below:


7. YourResponsibilities
7.5.1.(account not to be used) fraudulently or in connection with a criminal offence;

8.Suspension and Termination of the Agreement
8.2.4.we have reasonable cause to suspect that this Agreement has been entered intofraudulently or we are satisfied that fraudulent or improper use of your mobilephone number is taking place;
8.7.3.you must immediately pay all Charges outstanding at disconnection; and;

10. Useand Disclosure of Information
10.2.2.details we receive from credit reference and fraud detection agencies.
10.3.5.to prevent and detect fraud, crime and money laundering;
10.6.We may use and disclose information about you and how you run your accounts tocredit reference, law enforcement and fraud prevention agencies. For example,if you do not pay any sums owed to us when due, details of this failure may bepassed on to credit reference agencies who will record this information againstyour credit file. Such records may remain on file with credit agencies for 6years after your account is closed, whether settled by you or not.

5. OurRights to Bar or Disconnect Your Mobile Device
5.1. Wecan at our discretion bar your SIM Card from making calls (other than to theemergency services), sending MMS and/or SMS messages and/or sending orreceiving data and/or disconnect your SIM Card from the Network if:
5.1.2.in the event of loss or theft or if we have reasonable cause to suspectfraudulent use of a Payment Method, your SIM Card and/or Mobile Device; or
5.2.You must pay an unbarring charge, ''any outstanding Charges'' including thoseincurred under Clause 3.12 and, if applicable, a re-connection charge if theServices are temporarily barred and/or your Mobile Device and/or SIM Card isdisconnected from the Network for thereasons stated in Clause 5.1.


I hope this information is helpful and nowgives you an understanding to why we have applied the cessation fee to youraccount and you are liable for the full charges of this.

WTFH

So, they have closed your accounts for fraudulent use.

That would be because... 1. You broke the terms and conditions by using the SIM in a dongle you had wired up to try to get around paying for calls and
2. Your DIY device was hacked. I.e. It was fraudulently being used by someone outside of your (and Talkmobile's) control.

Is there anything else you'd like to tell us that might be relevant, because so far it seems like they've caught you red handed for fraud.

As for reducing the costs of calling from abroad, why didn't you just use a normal VOIP service like Skype?

grumbler

I don't think that "cessation fee" is the same as "outstanding charges". The latter are billed or unbilled charges for the monthly fee and the actual usage until the suspension date.

If so, I would pay under protest and informe them that I am going to sue them. Then a small claims court online is the obvious way to go.

WTFH

grumbler wrote: »

If so, I would pay under protest and informed them that I am going to sue them. Then a small claims court online is the obvious way to go.

So you're saying the fraudulent use of the sim is irrelevant?
The cessation is because of fraud, not a big bill.

grumbler

WTFH wrote: »

So, they have closed your accounts for fraudulent use.

That would be because... 1. You broke the terms and conditions by using the SIM in a dongle you had wired up to try to get around paying for calls and
2. Your DIY device was hacked. I.e. It was fraudulently being used by someone outside of your (and Talkmobile's) control.

I think calling this 'fraud' and 'fraudulent' is far too rich.
Fraud is crime, but not everything that is against T&C constitutes fraud.
Hacking, if it was the case, was a fraud against the customer, not the provider.
The customer doesn't refuse to pay for all airtime that was actually used.

WTFH

What was the hacking used for? Was it a criminal offence?

The company have told him why the accounts were closed - nothing to do with paying bills, all to do with fraud and criminal activity, yet the OP, and some of the advice given on here, is based around paying bills, not based on why the account(s) were closed.

grumbler

OK, if they accuse the OP of fraud and demand money because of this instead of just terminating the contract, they have to be more specific instead of just quoting 273 general and hence meaningless words of the T&C. Otherwise it would be far to simple to keep closing accounts and demanding the money without providing any services.

WTFH

Part of my problem is that the story doesn't add up.
Post 1... The OP says HE made the international calls
Post 9... The OP made a device to try to save money on call charges. It was hacked and the hacker made the international calls.
Also, this system he has wired up uses no data allowance, but means that somehow someone else can call the number for free, but outbound international calls using this system of his cost money. That sounds like something dodgy is going on, and that we aren't being told the truth or the whole story.

Herongull

I think it all turns on whether they have reasonable grounds for believing that the OP tried to defraud them.

1/Tethering is not fraud, just a breach of T&Cs

2/ VOIP is not fraud - not sure whether it is a breach of T&Cs. People sometimes use Skype etc on mobile phones.

3/ This hacking by a third party was fraud, but as Grumbler says it was not directed against the network and not performed with the knowledge or consent of the OP. Mobile companies can't terminate your account just because your phone used fraudulent or criminally by a third party unless you were an accessory.

I don't really understand your DIY system or why you didn't use a standard VOIP app, and why it made you vulnerable to hacking, but I can see why they are suspicious. I think they believe that you were using it to defraud them in some way and they don't believe what you say about the hacker.

Take them to the small claims court and let the magistrate decide whether or not you were the innocent victim of third party hacking (after breaching their terms and conditions in relation to tethering and VOIP).