o2 in-store fraud - where to go now?

taytoe4

Hi everyone

I was recently the victim of a fraud where someone went into an O2 store and sim swapped my number to a new device, they also were able to get a new device through my account. I lost signal when out and when home on wi-fi saw on email that a new credit agreement for an iPhone 17 had been taken out through my account. I called

I called O2 to report, they sim swapped my number back to my actual phone. They eventually deemed no fraud and after 3 escalations still stuck to no fraud. There findings were that I live near to the O2 store than this happened in, I live in London, the fraud happened in Kent. I don't see how this proves my guilt? I have asked for in-store CCTV, signature, ID, anything from the investigation to help prove my innocence but told that's not possible. If they investigated this it would be painfully clear it was not me.

After 5 weeks of dispute and a complaint I received a final response letter which I took to the financial ombudsman. They said they could not look into it as they no longer deal with O2. So I went to CISAS who O2 is signed up with, however because it involves fraud they will not look at it.

I have looked into taking them to court but the fees would be more than the £1200+ of the fraudulent device plan. No win, no fee lawyers only seem to take on cases where £3000+ has been taken.

I'm just lost and the whole situation has taken a toll on me because O2 have treated me like I am guilty. Any suggestions would be greatly appreciated. Thank you

danco

Would Small Claims court work for you? Fees are fairly small.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/6661882/o2-in-store-fraud-where-to-go-now

What loss have you actually suffered?

When O2 swapped the number back to your actual phone, did they also correct the charges for the new phone?

I am unsure how the sim-swap could be processed (twice) without the other device user knowing. When I have had sim-swap, part of the process includes a 2FA verification to the current SIM.

Is mistake possible? For example, the other number being very close to your number?

taytoe4

No not at all, the loss is they also took out a new contract of the iPhone which I am having to pay back so it doesn't affect my credit rating. No they have not correct the charges as they say there is no fraud which is impossible as I did not take out the device. I am just as confused because I don't understand how someone can do this.

I am now paying double back a month than I was previously with my existing contract, because I am paying 2 device plans instead of just one.

taytoe4

Hi

I looked into this but can't find a lawyer that takes on cases of under £3000 fraud loss

born_again

If you could get police to take a report, they could view CCTV, although you would be very lucky for them to do that, & usually only 30 days are kept.

Long shot, go to store & ask personally to see footage, as they say it is you.

Woodstok2000

Have you got any evidence of where you were when the fraud happened? Google location/receipts/witnesses?

MarzipanCrumble

Have you any proof that you were not at the Kent store that day? CCTV footage, working, etc? Check out the IFO's site too because if O2 believe you contracted for the phone instore aren't you entitled to your data including signature, CCTV footage, etc?

https://ico.org.uk/

Bendo

Do a subject access request for the CCTV. You are entitled to a copy of it. They may struggle if you weren't there, but that is their problem.