How do I prove this is a scam?

hilstep2000

I've just had an e-mail telling me my O2 bill is ready. I have just changed to Orange, so this was the last bill. I always pay £19.99 a month and never go over my limit. Imagine my horror when I read it was for £123! £90 was for Premium text messages received! I've never signed up for anything, I don't remember having recieved any, they were crazy times too, like 9.10:34, then 9.10:35, 9.10:37! How can I have had so many and not realised it?
I'm a single mum of 45, money is really tight so I can't afford this bill at all. I've e-mailed O2 to argue that this is a scam, but how can I prove it? and will they make me pay? Orange have changed my number (I took it with me from O2) and I had cancelled the direct debit before so at least they can't take the whole lot out, but can anyone help me over this?
Please.

Edinburghlass_2

Glad to hear you have got Orange to change your number as I had this on a PAYG phone with Orange and they were absolutely no help at all. They just kept saying that I must have signed up for the texts.

Good Luck with 02

k_sta

hilstep2000,

Give this a try:
First go through your bill and confirm that you have not sent a text to the number that has sent you the premium texts.

Make a copy of this bill and send a letter to 02 complaints department.
In it state that you received unsolocitied premium texts that you did not sunscribe to. Then state that you will not pay until O2 can produce, from their own records, your subscription text details sent to the company claiming payment from them.

Also state clearly that any response sent without this information will be ingored. Make this very clear.

Point out that your contract says you are only responsible for charges you incur - and if they can't substantiate them then their claim for payment is in BREACH of THEIR CONTRACT.

Then state that any response they send will be used to refer this case to Otelo. Ask them to hurry as this will expedite your complaint to Otelo.

Then remind them they pay a £100 fee for any case considered by Otelo (win lose or draw) and you dont.

Have fun.

K_Sta

hilstep2000

Thanks for that! I've been arguing for a few days with them, I've offered to pay the £19.99 I owe them by cheque, but... get this, they are saying they are an Internet only company and won't accept cash or cheques!!!!! O2!
So at the moment I'm refusing to pay £125, and I won't phone up with my debit card cos they'll want the lot! Will keep you posted re the outcome!
>:(

hilstep2000

Guess what? I got an e-mail today saying that the charges are correct! How amazing!
Well they're not getting it! I've written back a snotty e-mail, taking your advice and citing Otelo, so hears hoping! >:(

k_sta

hilstep,

Did they say when you sent the text subscribing to the service?

Is it on your bill?

If not ask them to explain how it was you subscribed to the service that they say you subscribed to.

Tell them you will only pay upon proof from them that you did subscribe to the service from their records.

Ask them to not contact you again until this is done.

Tell them that if they report you as being a non-payer to any reporting agency then you will litigate for defamation.

Remind them that obtaining monies by false representation is a crime. If they are representing that you subscribed to this service to induce you to pay when their own records show no such subscription text then they are committing a crime by asking for payment.

Be very specific - tell them saying that the charges are valid will be ignored. They must state that you subscribed to this service.

Wind them up.

K

Scarlet_Fever

what you must do is pay the part you agree with!

I used to work for nynex/cable&wireless/ntl and we would get calls from customers disputing numbers on their bills and they would say 'i'm not paying it' and we always advised pay the part you agree with as that way you will not end up with a big bill once it has been resolved. Also - it shows good willing on your side should you end up in court.