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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48158
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I was an o2 customer yrs and then discovered that

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I was an o2 customer for several yrs and then discovered that I had been changed to a Business account without my knowledge and that Aerial was acting on behalf of o2. I also recently discovered that I have a verbal contract with Aerial to which I have no knowledge and it runs for another two yrs and if I wish to cancel i must apy the monthly fee for that period. I think that I have been dupped. Please advis
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello are you a business?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
no
Expert:  Ben Jones replied 1 year ago.
How did this verbal contract come into existence, did you ever discuss the proposed changes with them?
Customer: replied 1 year ago.
Aerial tell me that I agreed by phone last Nov to an extension of two yrs to which I have no recollection.
Expert:  Ben Jones replied 1 year ago.
Have you asked for any proof, for example f they recorded the conversation which they would usually do?
Customer: replied 1 year ago.
An extension to my o2 contract. I was planning to either upgrade my phone or change providers and I was not aware that this Aerial verbal cpntract was in existence until thre days ago when I had queried some outrageous charges to my phone bill.
Customer: replied 1 year ago.
Ben, I have asked for written proof and they told me it was verbal. Shall I request copy of any recorded conversation?
Expert:  Ben Jones replied 1 year ago.
Ok in the circumstances you have the following options to try and challenge this:· In the first instance you need to try and resolve this directly with Aerial – you must use their official complaints procedure to full completion. You can do this by calling them on(###) ###-####3055, emailing them at***@******.*** or writing to them at: Customer Services Manager, Aerial Direct, Unit B Quay Lane, Gosport, PO12 4LJ.· If the matter remains unresolved you can then go to Ofcom by calling them on 0300(###) ###-####or going online via: http://consumers.ofcom.org.uk/complain/· Finally you have the option of the small claims court, should they charge you for the termination fees and you need to get those back. What could happen instead is that they do not charge the fees automatically and pursue you instead and they can then decide whether to issue a claim against you. In that case they will have to prove that there was a binding contract in place and they would be expected to provide some evidence such as recordings of the calls where you allegedly agreed to this, or transcripts or other notes to back this up. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you be charged and need to recover that money, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Should the company charge you for the fees and you need to try and recover these, apart from Ofcom, as mentioned you have the small claims court open to you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.