Small Claim?

00011000

I've an account/bill pay with a mobile phone company and last year I was travelling and lost my phone along with the sim card.

I contacted support and told them my situation and they put my account on hold. I saw that there was a €160 bill which I had to pay because I didn't cancel it on time. The thieves had used my SIM for some data usage.

I was told if I want to reactivate my account, I would have to get somebody to send me a new sim card in Asia, then contact them again to reactivate.

Anyway, I didn't get the SIM card. I had no real need for it because I was in Asia.

Fast forward 11 months and I come back Ireland. I log into my phone account website and it turns out that I've been paying the €60/pm bill for the past 11 months, with not a jot of usage and no sim card.

Turns out I have to pay a line rental, even though the account/sim was suspended.


Maybe I was silly for not double checking myself, but I feel like I should get a refund on that because I was led to believe that my account was parked and that I wouldn't be paying anything until I got a new SIM card and reactivated.


Anyway, Customer support have refused a refund. It's about €600, so I was wondering if I'd have a case in the small claims court.

Anyone?

godtabh

00011000 wrote: »

I've an account/bill pay with a mobile phone company and last year I was travelling and lost my phone along with the sim card.

I contacted support and told them my situation and they put my account on hold. I saw that there was a €160 bill which I had to pay because I didn't cancel it on time. The thieves had used my SIM for some data usage.

I was told if I want to reactivate my account, I would have to get somebody to send me a new sim card in Asia, then contact them again to reactivate.

Anyway, I didn't get the SIM card. I had no real need for it because I was in Asia.

Fast forward 11 months and I come back Ireland. I log into my phone account website and it turns out that I've been paying the €60/pm bill for the past 11 months, with not a jot of usage and no sim card.

Turns out I have to pay a line rental, even though the account/sim was suspended.


Maybe I was silly for not double checking myself, but I feel like I should get a refund on that because I was led to believe that my account was parked and that I wouldn't be paying anything until I got a new SIM card and reactivated.


Anyway, Customer support have refused a refund. It's about €600, so I was wondering if I'd have a case in the small claims court.

Anyone?

The fact you were in Asia had nothing to do with it. You entered into a contract with the supplier for 12,18,24 months or what ever it is. You are obligated to pay regardless of you using it or not.

00011000

I wasn't under contract anymore...

I mean, the term of the contract had lapsed.

Does that make any difference?

godtabh

00011000 wrote: »

I wasn't under contract anymore...

I mean, the term of the contract had lapsed.

Did you cancel your rolling contract after your fixed term stopped? Did you move it to PAYG

00011000

godtabh wrote: »

Did you cancel your rolling contract after your fixed term stopped? Did you move it to PAYG

No, I just continued onto rolling contract and left everything the same.

godtabh

00011000 wrote: »

No, I just continued onto rolling contract and left everything the same.

So no you have no case

00011000

godtabh wrote: »

So no you have no case

Oh really, why is that? Could you explain briefly?

Dav010

As in all disputes with service providers, read the terms and conditions you agreed to when you signed up, your liability and their justification will lie within the text of the agreement.

godtabh

00011000 wrote: »

Oh really, why is that? Could you explain briefly?

You were in contract. You chose not to cancel. You choose not to receive the canceled sim.

The service provider has upheld their end of the contract. So did you by paying. I you used the service or not is immaterial.

00011000

Dav010 wrote: »

As in all disputes with service providers, read the terms and conditions you agreed to when you signed up, your liability and their justification will lie within the text of the agreement.

OK, I understand. Thanks for taking the time to reply to my query. Guess I need to just be more vigilant myself.

godtabh

00011000 wrote: »

OK, I understand. Thanks for taking the time to reply to my query. Guess I need to just be more vigilant myself.

AS soon as your contract ends port away to either PAYG or to a sim only plan. Its usually much cheaper than letting your contract roll over.

Salary Negotiator

Poor service from the Operator. When the customer phoned up it should have been explained to him that just suspending the account would not suspend the billing.

It's obvious what the customer wanted done and just because he may not have stated it exactly the C.S. agent should have highlighted that.

00011000

Salary Negotiator wrote: »

Poor service from the Operator. When the customer phoned up it should have been explained to him that just suspending the account would not suspend the billing.

It's obvious what the customer wanted done and just because he may not have stated it exactly the C.S. agent should have highlighted that.

Yes, I was under the strong impression that I wouldn't be paying anything. Sucks.

00011000

godtabh wrote: »

AS soon as your contract ends port away to either PAYG or to a sim only plan. Its usually much cheaper than letting your contract roll over.

OK, thanks for the advice. I'm on to CS now, getting the thing reduced down to the bare minimum.

cruizer101

Any chance you can get a copy of the original call with them.
If the CS representative said you wouldn't be charged you may have more of a case with the phone operator.

Salary Negotiator

00011000 wrote: »

Yes, I was under the strong impression that I wouldn't be paying anything. Sucks.

And was that based on the actual phone call or an assumption you made ahead of the call?

By the "letter of the law" you probably have to pay, and I can see how this could easily happen, 2 people having a conversation and each are not understanding the other correctly, but common sense would say that the C.S. agent should have highlighted that you would continue to be billed for the service.

Back when I worked in C.S., as either an agent or a manager, if that call was listened to points would be docked for not highlighting this. It's a loose end and exactly the kind of thing that leads to complaints.

It's their job to do what the customer wants (within reason) and this is not always exactly what the customer asks for.

fitzparker

Phone company is correct, you didn't specify you wanted anything cancelled so everything remained the same except your account was suspended for lost or stolen.

your best not getting it down to minimum but moving to PAYG, changing to minimum you are still on billpay and paying monthly line rental whether a call is made or not.

they should (in some cases) give a good will gesture on your account as they can see its suspended and no outgoing calls have been made in months.

I would ask to speak to a manager as there should be leeway.

00011000

cruizer101 wrote: »

Any chance you can get a copy of the original call with them.
If the CS representative said you wouldn't be charged you may have more of a case with the phone operator.

I think I will try to get a copy of all the information they hold on me.

It wasn't a telephone call, it was a text chat through their website.

00011000

fitzparker wrote: »

Phone company is correct, you didn't specify you wanted anything cancelled so everything remained the same except your account was suspended for lost or stolen.

your best not getting it down to minimum but moving to PAYG, changing to minimum you are still on billpay and paying monthly line rental whether a call is made or not.

they should (in some cases) give a good will gesture on your account as they can see its suspended and no outgoing calls have been made in months.

I would ask to speak to a manager as there should be leeway.

The CS guy already said that there was nothing they can do. I gave him a little bit of hell, so I think I've maybe burned that bridge of getting any good will from them. heheh

I'm waiting not to get my new activated. And then I will talk to them again to switch my account. I'll the SIM-only plan first. I really don't like the inconvenience of PAYG, but you're definitely right, it's cheaper.

00011000

cruizer101 wrote: »

Any chance you can get a copy of the original call with them.
If the CS representative said you wouldn't be charged you may have more of a case with the phone operator.

The CS guy I spoke with asked for a copy of the text transcript from "the team" and said I wasn't told that I wouldn't have to pay the bill. I also wasn't told that I WOULD have to pay, I'm sure. But he failed to mention that.

My point is, if they have that text conversation, then I want to see it.

Have you any idea how I would go about getting all my information? Do I have to cite the GDPR act or something?

00011000

Salary Negotiator wrote: »

And was that based on the actual phone call or an assumption you made ahead of the call?

What I tried to accomplish at the beginning was to not have to pay or pay very little to put my account on hold. I wasn't able achieve any of this, even though I was under that impression. I don't know exactly how or why I was under the impression. I guess it just made sense in my mind that if the SIM is on hold and the account suspended, that I wouldn't be continuing to pay. It was a false assumption clearly, but perhaps the other poster is right, that it was bad support... but some of the blame also lies with me.

Kimbot

I would imaine the CS user told you that you wouldnt be charged for any further fraudulent activity on the account from the point you put a stop on it but you are still liable for the rental. They kept your number active for you, fair enough you didnt use the phone but you still had access to use it should you so wish.

00011000

Kimbot wrote: »

I would imaine the CS user told you that you wouldnt be charged for any further fraudulent activity on the account from the point you put a stop on it but you are still liable for the rental. They kept your number active for you, fair enough you didnt use the phone but you still had access to use it should you so wish.

There is no chance that I was informed that I would continue to pay the bill. I think that it was an omission from both parties to state clearly whether I would continue to be billed fully.

Salary Negotiator

00011000 wrote: »

There is no chance that I was informed that I would continue to pay the bill. I think that it was an omission from both parties to state clearly whether I would continue to be billed fully.

I'd say this is exactly what happened and why is the company are in any way decent they'll take a full or partial hit.

From experience there's very little point of complaining over the phone, too easy to say no and move on. You should write a letter detailing your complaint and wait for them to respond.

cruizer101

00011000 wrote: »

Have you any idea how I would go about getting all my information? Do I have to cite the GDPR act or something?

Details here

00011000

Salary Negotiator wrote: »

I'd say this is exactly what happened and why is the company are in any way decent they'll take a full or partial hit.

From experience there's very little point of complaining over the phone, too easy to say no and move on. You should write a letter detailing your complaint and wait for them to respond.

I will take some time later to write a letter to them. Thanks for the suggestion. I think I will have more luck doing it that way for sure.

Jose Maria

Hello all, I have an issue with Ryanair, I was due to travel with them in July 2020 to France, I had booked the Flight, Car park and Car hire through them in the one booking, the flight was cancelled a few weeks before traveling, I went on the Ryanair online Chat and was advised by the rep that I did not have to cancel anything I would be refunded in full for flight, carpark and carhire.

When I received the refund in September it only included the flight and car park, they are saying I should have cancelled the car hire myself it was in my terms and conditions, this has dragged on now over and back with numerous emails and letters of complaint since September, the carhire is trough cartrawler a Ryanair site.

Please advise should I go through the small claims court? or am I wasting my time with these scum, I know O'leary would hunt me down if i owed him a euro

Umpalumpa

Jose Maria wrote: »

Hello all, I have an issue with Ryanair, I was due to travel with them in July 2020 to France, I had booked the Flight, Car park and Car hire through them in the one booking, the flight was cancelled a few weeks before traveling, I went on the Ryanair online Chat and was advised by the rep that I did not have to cancel anything I would be refunded in full for flight, carpark and carhire.

When I received the refund in September it only included the flight and car park, they are saying I should have cancelled the car hire myself it was in my terms and conditions, this has dragged on now over and back with numerous emails and letters of complaint since September, the carhire is trough cartrawler a Ryanair site.

Please advise should I go through the small claims court? or am I wasting my time with these scum, I know O'leary would hunt me down if i owed him a euro

Yep definitely cancel your rolling phone contract when you can