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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hey there, I am a customer at three.co.uk phone network.

Resolved Question:

Hey there,

I am a customer at three.co.uk phone network. Over the last couple of months, I have noticed charges to my account for multimedia text messages made to an unknown contact. I am now 100% confident that I am not sending those messages and so raised a complaint with them. They responded by saying that their system confirms I did send those messages. So we have a dispute.

I immediately decided to forego all previous charges but I said I could not accept further charges and that they had to provide a way for me to block that message being sent. The customer service agent decided to just presume I was a liar and told me that I shouldn't send the message and that's all they can do.

I felt that if three.co.uk can not provide a way for me to block the number then they don't have the right to dispute my claim. While I can understand them charging me for what has passed, I can not accept the idea that I am forced to remain on a contract (till its term is up) knowing that I can get unpredictable bills for text messages I am not sending.

I want some advice on whether I have a case and what I can do to protect myself as I intend to deduct erroneous charges from my future bills and only pay the difference. I am quite certain this will lead to three.co.uk accusing me of breach of contract and taking legal action against me. I was hoping to send them a letter of some sort stating my intention so that I am protected against anything they try down the line.

What is your opinion on this situation?
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Do you have a smart phone please?

Customer:

yes

Josh-2010 :

Have you confirmed that it is not an app sending such messages in some way?

Customer:

I don't know how to confirm that or not. I will do some research on that to see if there is a way to discover this. Part of the reason I did not dispute the previous charges is because I understand that this is possible. This is why I was asking for a block so that any attempt to send a message (if indeed that is the case) in the future can be stopped. But I'll look into that anyway

Josh-2010 :

OK as to the legal position the phone company is required by law to reasonable substantiate any charges to you. They must reasonably explain technical measures they take to confirm charges applied to your account if you dispute them.

Josh-2010 :

If you are not satisfied with the explanation, you can consider making a formal complaint. If your complaint outcome is not to your satisfaction you can refer the matter to the Communications Ombudsman who can independently investigate the same and make a determination including compensation where appropriate.

Josh-2010 :

The phone company is not obliged to offer blocking of services other than premium rate services and therefore the option will vary from provider to provider.

Customer:

OK, I see. I was only told their system confirmed that the message was sent but no details as to what the check involved. I will follow your steps. Thanks for your help.

Josh-2010 :

A pleasure. p.s. not a legal point but a quick search reveals top apps that can send picture messages include Facebook, WhatsApp Messenger, Google Translate. It may be worth looking at these apps if you have any installed.

Josh-2010 :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.

Customer:

OK, I will. Thanks again. You have given me the steps I needed. And the advise on the apps. If only, customer service agents were this helpful!

Josh-2010 :

A pleasure. Best of luck

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