I bought a SIM-SKIN from BiBiTel

naeemsyed

Please be patient when reading this as I have a lot to explain.

I bought a SIM-SKIN from BiBiTel, a sticky film with a chip on it, which once pasted onto a regular mobile SIM allows the user to make discounted international calls without dialling a prefix number. The SIM-SKIN is supposed to automatically divert the call through the BiBiTel network once it senses an international number has been dialled.

I started using SIM-SKIN since Feb 2014. In May 2014, three international calls that I made, did not go through the BiBiTel system hence I was charged by O2 (my network provider) for those calls which amounted to £102.36.

I informed BiBiTel in May 2014 about this incident (explaining in full detail) with my reason that as theirs is an automated system; the SIM-SKIN that they provided should work and divert calls through the BiBiTel network every time. I the user have no control over it, as I am not manually dialling a prefix number to ensure that the call goes to an international gateway (it is totally automated).

I have since May 2014 gone back and forth with BiBiTel, starting with their Customer service, through to the sales team who sold me the product, even to the operations manager and even requested that this matter be escalated to their Manager Director and at last written to the CEO.

Before I was using a service that had provided a prefix number which I had to dial before making an international call. Being a manual process I was assured that, as I had to dial the prefix number before dialling an international number, it was going onto their system and I would always be charged on the discounted rate.

However, BiBiTel’s system being automated, the calls go onto your system without me entering manually any prefix number. If their system did not pick these calls up correctly then why should I be penalised for it.

My complain is that they should compensate me for the £102.36 that O2 (my network provider) has charged me for the failure of their automated system which did the work properly.

BiBiTel in all cases is adamant that it is not their fault, as the three calls have not been logged onto their system. They say that each time when the SIM-SKIN senses an international number is dialled; it gives out an automated voice prompt welcoming the user to BiBiTel and then dials the number.

They firstly accused me that I told them that I did not hear a voice prompt (which I never said), secondly they said that I may have removed or tampered with the SIM-SKIN (again which I never did). Then they said that I must have pressed a short key which disabled the SIM-SKIN (again which I never did). Lastly, they just said, I should make sure that there is a BiBiTel welcome prompt, if there is not I should hang up and dial again.

I have already emailed my concerns to the Citizen Advice Bureau and got a standard reply and advice from them which was not much help, so please can someone advise me better.

Thank You

bod1467

Your "loss" is not what O2 charged you, it is the difference between what O2 charged you and what BiBiTel would have charged you.

If BiBiTel won't play ball then you may need to sue them through the small claims court for your losses. Before raising a court claim the recommended pre-action protocol is to send them a Letter Before Action. (Google it - many companies will capitulate at LBA stage, as to go to court may incur costs higher than what is being claimed). At SCC you would add to your claim the filing and hearing (if it went that far) fees, plus any reasonable costs you incur in dealing with the claim (phone calls, stationery, travel to the court for the hearing, parking costs, etc.)

The burden of proof in small claims is not Beyond reasonable doubt, but rather On the balance of probabilities. However you should be sure of your position (with suitable evidence) before taking the SCC route.

naeemsyed

Thank you BOD1467, you advice and information provided is most helpful. I will start your suggested process.