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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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mobile phone bill shock

Resolved Question:

mobile phone bill shock
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

hi

i went to mexico on holiday with my family 3 years ago i took my iphone with me to keep in touch with back home,

when i landed in mexico i got a greeting message to tell me the tarriff for phone calls text messages & data, not aware that my iphone was using data updates while i was there, then after one week my mobile phone went dead so i used the hotel computer to access my account to my shock i was faced witha bill of £3200 for data charrges which i was una ware of no one message of warning was sent to my phone stating mt usage at any point.

so when i got home i rang t mobile and asked them what my credit limit on my phone was and she told £500 so i asked her could she tell me how much my new bill would be the phone went very quiet she put me on hold the returned shortly to tell me my bill was for data used abroud of £3200 i said how can that be when i have a credit limit of £500 she could not answer my question and told me to ring credit control so i did they tried to explain that data comes through in blocks and that i had used it and i need to pay, to this day they have tried various attempts even reduceing the bill by a 3rd which my respones was i will only pay up to my credit limit and that this has been a big mistake 1 yrs went pass 2 yrs past then they sold my bedt on to various companies try to get money out of me but now a company has took me to a small claims court i dont know what i should do.

do i have a good enough case to fight or should i pay ??

Expert:  Jo C. replied 2 years ago.
Thanks.
Do you deny using it? Or do you just not know? Did you turn your data off whilst over there?
Customer: replied 2 years ago.

The hotel had wifi if i went on my media sites we used to sit in the lobby i never knew my phone was updating using there data

i didnt now my data was on

Expert:  Jo C. replied 2 years ago.
That is a problem I'm afraid. There isn't really much positive I can say.
I know its very unfair but it would appear that you have used the data. I realise that you didn't know but that is how mobile phone companies catch people. There is a cap limit but only within Europe so that doesn't assist.
They have been heavily criticised for this practice but unfortunately that took place after the time of this period.
They do not normally sue so I would generally say that its not likely they would but that doesnt help you because they have.
The fact of your credit limit is something you are perfecty entitled to be furious about. However, unless your contract said that the provision would cut off when you rose above that limit I'm afraid it really just amounts to poor customer services rather than a breach of contract allowing you to defend.
You can always complain to the Ombudsman about this. That is a very slow process in fairness but it does often lead to a favourable resolution.
In terms of a positive defence though, I am sorry but I cannot see one here unless you did turn off your data abroad.
I'm very sorry but thats your position.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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