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O2 have been taking £5 unauthorised direct debit from my 81 yo Dad for 15 months

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I searched the forum to see if anyone else had already posted about this and the last post was in 2011 and has since been closed, but it looks like this practice is still ongoing.  Judging by the Virgin Media Community Forum it isn't exactly uncommon either!

https://forums.moneysavingexpert.com/discussion/comment/46666143#Comment_46666143?utm_source=community-search&utm_medium=organic-search&utm_term=O2+taking+unauthorised+direct+debit+Virgin+Media

My 81 yo Dad recently asked me who his mobile phone is with because he receives bills from 3 but had noticed a DD for ~£5  from O2 coming out of his account for the past few months.  His account is with 3 and he doesn't have an account with O2, so I told him to check when it started. He looked back and discovered it started in April 2023, which happens to coincide with when he renewed his TV, Landline & Broadband contract with Virgin Media...

I checked his VM contract and it quite clearly has an 'X' under the SIM card icon, which I know is what was agreed when he renewed the contract because I was on speakerphone with him, since he's a bit deaf and I remember him saying he didn't need a mobile because he already has one.

He tried calling 150 and went through to O2 but the person there couldn't "find" him because he obviously doesn't have an O2 mobile or account number because he doesn't have an account with them!  She then put us on hold for 45 minutes and we got disconnected.  He sent an email to their complaints team and they sent an auto-reply promising a response within 7 days, but it's now nearly 3 weeks later and he's still not heard anything.  He then tried calling his bank to reclaim the money under the Direct Debit Guarantee but, after an hour of "chatting" with their customer service representative, they could only cancel the DD and refund last month's payment.  The remainder of the claim was subsequently rejected because they need "proof" he doesn't have a contract with O2!!!  How can he prove that he doesn't have a contract?!  I've offered to send them a copy of the VM contract with the SIM card unticked but they now need to tell him how best to send it to them! 

Surely the onus should be on O2 to prove that he has agreed to a contract, not for us to prove that he hasn't?!

Has anyone else had a similar problem?  Were they able to resolve it?  I've tried going through Resolver but they can't do anything for another 8 weeks and they owe my Dad over £70! 

Any suggestions would be very gratefully received.
«13

Comments

  • d123
    d123 Posts: 8,734 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    tiny_girl said:

    I checked his VM contract and it quite clearly has an 'X' under the SIM card icon

     I've offered to send them a copy of the VM contract with the SIM card unticked but they now need to tell him how best to send it to them! 



    Those two points sound contradictory, an X under the sim card icon would indicate it’s a selected option, not what the second point says (which is the option is unticked).

    could you clarify?
    ====
  • tiny_girl
    tiny_girl Posts: 19 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    d123 said:
    tiny_girl said:

    I checked his VM contract and it quite clearly has an 'X' under the SIM card icon

     I've offered to send them a copy of the VM contract with the SIM card unticked but they now need to tell him how best to send it to them! 



    Those two points sound contradictory, an X under the sim card icon would indicate it’s a selected option, not what the second point says (which is the option is unticked).

    could you clarify?
    Sorry, here's a screenshot of the contract.  There are green ticks under the TV, Broadband and Landline but a red X under the SIM icon.  SInce he has the 1st 3 and not the 4th, I think it's reasonable to assume that means it isn't selected?  


  • d123
    d123 Posts: 8,734 Forumite
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    OK, that makes more sense. What does the itemised bill say the £5 is for?
    ====
  • tiny_girl
    tiny_girl Posts: 19 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    d123 said:
    OK, that makes more sense. What does the itemised bill say the £5 is for?
    That's exactly it - there is no mention of the £5 on the itemised bill.  He hasn't even ever received any bills from O2!  We don't know how the DD ever got set up in the first place but it's happened to quite a few people on the VM Community forum during the same timeframe https://community.virginmedia.com/t5/Managing-Your-Account-Cable/VM-created-a-contract-Direct-debit-and-O2-sim-account-without/ 
  • d123
    d123 Posts: 8,734 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic

    He wouldn’t necessarily receive a bill from o2, Virgin and o2 and now the same company.

    is there nothing on his Virgin bill that is itemised at £5?




    ====
  • Grumpy_chap
    Grumpy_chap Posts: 18,294 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    tiny_girl said:
    I searched the forum to see if anyone else had already posted about this and the last post was in 2011 and has since been closed, but it looks like this practice is still ongoing.  Judging by the Virgin Media Community Forum it isn't exactly uncommon either!

    https://forums.moneysavingexpert.com/discussion/comment/46666143#Comment_46666143?utm_source=community-search&utm_medium=organic-search&utm_term=O2+taking+unauthorised+direct+debit+Virgin+Media

    My 81 yo Dad recently asked me who his mobile phone is with because he receives bills from 3 but had noticed a DD for ~£5  from O2 coming out of his account for the past few months.  His account is with 3 and he doesn't have an account with O2, so I told him to check when it started. He looked back and discovered it started in April 2023, which happens to coincide with when he renewed his TV, Landline & Broadband contract with Virgin Media...

    I checked his VM contract and it quite clearly has an 'X' under the SIM card icon, which I know is what was agreed when he renewed the contract because I was on speakerphone with him, since he's a bit deaf and I remember him saying he didn't need a mobile because he already has one.

    He tried calling 150 and went through to O2 but the person there couldn't "find" him because he obviously doesn't have an O2 mobile or account number because he doesn't have an account with them!  She then put us on hold for 45 minutes and we got disconnected.  He sent an email to their complaints team and they sent an auto-reply promising a response within 7 days, but it's now nearly 3 weeks later and he's still not heard anything.  He then tried calling his bank to reclaim the money under the Direct Debit Guarantee but, after an hour of "chatting" with their customer service representative, they could only cancel the DD and refund last month's payment.  The remainder of the claim was subsequently rejected because they need "proof" he doesn't have a contract with O2!!!  How can he prove that he doesn't have a contract?!  I've offered to send them a copy of the VM contract with the SIM card unticked but they now need to tell him how best to send it to them! 

    Surely the onus should be on O2 to prove that he has agreed to a contract, not for us to prove that he hasn't?!

    Has anyone else had a similar problem?  Were they able to resolve it?  I've tried going through Resolver but they can't do anything for another 8 weeks and they owe my Dad over £70! 

    Any suggestions would be very gratefully received.
    As mentioned above, the form could mean "X" SIM card required or "X" SIM card not required.

    What are the full details of the contract with Virgin Media?
    Even if the SIM / mobile phone contract is not required / used, is it in the package?
    I ask as a serious question.  I cannot recall timelines, but when all the marketing was happening about O2 and Virgin Media joining forces, I was renewing my package and it was cheaper to take a package with the mobile SIM / tariff included than a package without.  So I signed up, they sent me the SIM, I threw it in the bin, I benefitted from the discount.
  • tiny_girl
    tiny_girl Posts: 19 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Nope.  Just TV, Broadband & Landline + £1.75 admin fee for paper bills: 
  • Hi I had simular issues with my mother and wrote to them in a formal letter asking for the costs to stop and refund to be issues (they had set up a new account and not delated the other). What worked well was that I sent a copy of the letter to the CEO - the matter was resolved within days with flowers. Alway consider talking to you local councillor and get in touch with the company HR/CEO who emails and address is normally public knowledge.
  • Hi I had simular issues with my mother and wrote to them in a formal letter asking for the costs to stop and refund to be issues (they had set up a new account and not delated the other). What worked well was that I sent a copy of the letter to the CEO - the matter was resolved within days with flowers. Alway consider talking to you local councillor and get in touch with the company HR/CEO who emails and address is normally public knowledge.
    Can't see what good a local councillor would be in this situation.

  • Hi I had simular issues with my mother and wrote to them in a formal letter asking for the costs to stop and refund to be issues (they had set up a new account and not delated the other). What worked well was that I sent a copy of the letter to the CEO - the matter was resolved within days with flowers. Alway consider talking to you local councillor and get in touch with the company HR/CEO who emails and address is normally public knowledge.
    Can't see what good a local councillor would be in this situation.

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