02 Can this be right ?

newjersey

Hi, Last December my mum was in her local 02 shop buying her monthly £10 top up for her phone, a very old phone. While talking to the assistant she agreed it was time for something a little more modern & bought a new, but easy to use, smartphone. There was never any doubt of my mum's lack of knowledge over phones & quite frankly a miracle that she learnt to use this. Then the assistant went to great length to tell her for £1.50 more a month she could have 500 free minutes unlimited texts & a lot of data. When she mentioned it to me I told her NOT to get into any contract but she said she had been reassured that she could leave this payment at any time free of charge.
I then went to the shop with her & they confirmed yes she could leave at anytime.

Shortly after she started this (her same number) she kept getting texts from some obscure company so just kept deleting them like she would if she felt she had a dodgy e mail (She is forever being warned about them) In December she was out of the country for 4 days so had travel roaming charges of £1.66 per day & made a few calls which were charged at a high rate.
The 1st bill they took £80 out of her account, she was horrified & phoned 02, they were extremely confusing to say the least & kept saying they were her charges but the most minutes she has ever used in one month is 100 mins. Went into 02 shop they also phoned customer service. These txts messages that she kept deleting were being charged to her. She has no idea how they got her number (never had them before) didn't want them so the staff sent STOP to the number. 02 said as goodwill they will credit her some of the cost. The next bill arrives, she has used 80 mins of her time, it's for £57. Again, same thing premium texts being sent to her number, she phones 02 they say it's not their problem but as goodwill will credit her £10, now 2 weeks later another bill for £57 ! More calls more complaints.
My mum now says she wants to cancel, they say can't unless she pays them £80. Told them she was told & triple checked it at the time, that she could leave that payment for free. Turns out it's a business account that has been set up & for 12mths.

What can she do. She is a disabled woman in her late 50s has never used technology was fine with her £10 monthly top up. She has gone from within 2 months from £20 to over £130 & now told she can't leave. She is on DLA as her disabilities are quite severe & this has wiped out her bank account. Please, any advice.

Meant to add she has used very little of her data allowance & these texts are still coming, she sends STOP then more come in a different name.

pimento

What does the written contract she signed in the o2 shop say? What does the bill she receives say her tariff is?

newjersey

She was asked to click an on screen box to confirm bank details. Having had a quick look it seems it is indeed a 12mth locked in business contract. I am in no doubt she was told she was free to leave this at any time as I went back with her to ask in the shop. She still hasn't had a written note of all charges just being told over the phone. All calls, texts and any data usage is well within her allowed monthly usage, she barely uses the phone.

marliepanda

What address did she give? I've always had my o2 contract posted to me as well as one given to me in store.

If she's not a business she shouldn't have a business contract. My brother works for
O2 and his friend was sacked for accidentally selling business contracts (there's no incentive for them to do it as business) but apparently at one point it was easy to confuse the two (my brother said its not but, as I said, no incentive and it was done multiple times)

Go in and say she's not a business and should not have a business contract. I'm not saying that'll get her out of it as she's signed for it but it may give you some wiggle room.

Did she buy the phone outright or is it built into he contract.

International calls are not included in her rate, so not sure why you've mentioned that. Same for the premium rate texts. I've had a contract mobile for nearly ten years and never had an issue with premium rate texts being sent to me.

newjersey

I mentioned the international calls because she accepts the bill would have gone a little over her tariff & she's happy to pay for them, but they didn't come to much. Up until she got this new package she had never even heard of premium rate texts. Have to go back to the shop & see what we can do because the service with 02 over the phone has been worse than awful.

pinkshoes

I would go back to the shop and cause merry hell!

Clearly they said anything to get a sale.

unholyangel

Have you looked up the texts shes receiving online? Either typing what they say or the phone number/short code they're delivered from and it should give you a starting point to possibly find out who is sending them and why.

She could also contact o2 and ask if they can but a block on premium rate numbers. Some networks will, some wont!

JJG

Also O2 roaming is £1.99 a day. The £1.66 you'd see is prior to the VAT being charged.

hollydays

pinkshoes wrote: »

I would go back to the shop and cause merry hell!

Clearly they said anything to get a sale.

^^
This .
I have an acquaintance with learning difficulties and she was taken advantage of, but she doesn't like to think she's any different from anyone else. I'm sure there was legislation to cover this when last looked.

marliepanda

Okay so according to my brother business contracts aren't just for businesses so I was wrong there.

What is the nature of her disability? People are assuming she's mentally incapacitated but disability can be many things