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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can I take legal action against Asda for taking my mobile number

Resolved Question:

Can I take legal action against Asda for taking my mobile number without permission and a month later still no action has been taken.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What do you mean by 'taking your mobile number'?

Customer:

My mobile stopped working, it said it didn't recognize the sim card. When I rang Asda they eventually admitted they had transferred my number to another mobile.

Ben Jones :

Did they say why this had happened?

Customer:

They just said it was an error.

Ben Jones :

ok let me get my response ready please

Ben Jones :

Taking legal action in this case is unlikely to be the best way forward. You can only take legal action to pursue Asda for actual losses incurred as a result of this, for example having to pay for a new sim card and as you can imagine these losses will be relatively low so to go to court just for that would not make much sense. The courts will not compensate you for the stress or inconvenience you may have suffered as a result of this so the potential sum you may be able to recover will be minimal.


 


Instead, you need to exhaust the full complaints procedure with Asda, then if that is unsatisfactory, you have to consider taking the matter to the relevant Ombudsman, that being Otelo in this case (http://www.otelo.org.uk/). You must6 follow Asda’s own complaints procedure to the full before going to Otelo.


 


Only then should you consider legal action, remembering that you will only be able to pursue them for actual losses incurred and you will of course have to pay a claim fee, hearing fee and prove your case, so don’t just rush into that.

Ben Jones :

Sorry, link has changed:

http://www.ombudsman-services.org/communications.html

Customer:

Thank you for your advice.

Ben Jones :

You are welcome

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