Someone has racked up £300 of calls and i have to pay

Dreaming_2

reehsetin wrote: »

anyway your phone is your responsibility, if orange have billed you for charges after you reported it lost/stolen thats a different matter but if it took you
say £1 per min max x 300mins = £300, 300mins/60min=5hrs!! to realise your phone was missing you obviously really werent looking after it and therefore should be liable for the phone, orange should not be liable for your carelessness!

I think that's really completely wrong, the idea that you are liable because you are careless. Having your phone stolen =/= carelessness. That's like blaming the victim for the crime...

Personally, I would fight it all the way, see if they can come to some sort of goodwill thing. I wonder what a magistrate in court would say if they took you to court for it.

reehsetin

Dreaming wrote: »

I think that's really completely wrong, the idea that you are liable because you are careless. Having your phone stolen =/= carelessness. That's like blaming the victim for the crime...

anyone can have their phone stolen, its not carelessness just unfortunate, i personally have had a phone stolen from me, difference was i phoned and canceled straight away i didnt leave it for 5 hours,
there are plenty of ways the op could have protected themselves as well as having the sim/handset barred as people have mentioned they could put a lock on the handset to stop any calls

orange is also a victim it will leave them out of pocket if they excuse the op from the bill whether its by 30p or £300 (ok they are a big multi national company blah blah blah but have orange actually done anything wrong here? nope...so why should they be out of pocket if anything the op should pursue the thief for their money back not orange)

if people were excused from these bills what incentive would people have to report stolen phones?

real1314

Dreaming wrote: »

I think that's really completely wrong, the idea that you are liable because you are careless. Having your phone stolen =/= carelessness. That's like blaming the victim for the crime...

Personally, I would fight it all the way, see if they can come to some sort of goodwill thing. I wonder what a magistrate in court would say if they took you to court for it.

What would a magistrate say if you had £300 cash stolen and asked the Bank of England to replace it?
Ok, the cash was stolen. It didn't belong to the thief. And they spent it fraudulently (as they spent it representing it as theirs when it wasn't).

Having a mobile is like carrying cash. The phone co can no more tell that the caller isn't the owner than a shopkeeper can identify the real owner of a £20 note.

willoc

Ok, it turns out that my bank has insurance on my mobile that does cover the phone and the calls but it would need to be reported within 48hrs.
My argument to this is that i didnt even know that it was stolen till yesterday when i got my bill....shouldnt that be fair enough to claim??

espresso

willoc wrote: »

My argument to this is that i didnt even know that it was stolen till yesterday when i got my bill....shouldnt that be fair enough to claim??

You are responsible until you have informed Orange. Orange will be charged by the mobile operator in the other country, so as you did not inform them of your loss, you must pay.

willoc

i did inform them of my loss on the same day by barring my phone.

espresso

willoc wrote: »

i did inform them of my loss on the same day by barring my phone.

So you are only liable for the international calls made until your loss report, which will be logged on their system.

Pound

How does your bank's phone insurance work? How can you claim for calls within 48 hours when you might not be able to find out what calls were made for another month?

willoc

Thats exactly what i said. They say that i have to claim for the phone (although i dont want to) and the minutes should be included. But as you say i only found out about the minutes yesterday. I dont see how the 48hrs rule applies here...

proplusplus

agsnu wrote: »

This is a completely disingenuous argument. If you lost your wallet with your credit card in it, and your credit card was used fraudulently to the tune of £300, would you expect your credit card company to be liable for that? Yes, you would.

Orange has not lost £300. They are profiting off the thief's criminal misuse of your phone.

If you look at martin's latest report on using spyware/virus checkers on your PCs otherwise it is possible to be liable for the fraudulent use of your Credit/debit Card online(according to the Banking Code). By not using your virus checker etc. you are being careless with your card and therefore may have to accept the consequences of your carelessness.

Now, with your phone - it is unfortunate that it is stolen, but it is careless that you have not secured the device (PIN on start-up, Autolock keypad, auto-security keypad)

Therefore the loss is unfortunate, but the lack of security is negligent or careless. Therefore the loss accrued is down to your carelessness and is therefore not covered.

Well, that's the way i'd see it.

proplusplus