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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44380
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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On 8th of April 2016 I was on a holiday in Bulgaria, when I

Customer Question

On 8th of April 2016 I was on a holiday in Bulgaria, when I have received a call from 00447399773854. The guy said he is calling from O2, because someone have tried to access my online O2 account and he wants to comfirm it was not me. I asked was it successful, when he answered ''No'' I answered that I will sort it when I am back in London. As soon as I hang up, I have received a text messege from My O2 saying: «Your sim swap code is here 425230. Please use it straight awat. Codes last 30 min from the time sent and you can only request a codethree times in one day.»
Same number continued calling, but this time I have not answered. Had about 4-5 missed calls, then I answered. The guy asked me for the code I received and I said I have never applied for sim swap, that is why I will not give it to him. Then he asked me to comfirm my address and my mom's maiden name and he got them absolutely right. Of course I did not comfirem any information,
Straight away I went online to live chat with O2.
I have explained what happened and told the person who I was speacking with, that I am not trying to swap my SIM, and I want to make sure my personal information is save. The person who I spoke with assure me that it was a scam call, but because I didn't provide them with the code, everything is good and I have notthig to worry about. One more time I gave him the number that was calling me and told him that he knows important information about me. He said everything is ok, no one can access my O2 account, so I left everything as it is and continued with my holiday.
On 9th of April 2016 I have received a text message from my Bank (Lloyds Bank) saying: « Lloyds Bank has notices your debit card ending 9225 was recently used online on 09-04-2016 01:50:00, at Pingit Wallet Top Up for £100. Please confirm if this transaction was made by you by replying Yes or No.
I directly answered No, and tried to go online to see what is going on, unfortunately my passwords were changed and I could not do that. I called my Bank to understand what is happening , where that transaction came from , how and why my passwords are changed, without me to understand.
According to the member of staff from Lloyds Bank. I was informed that I was a vactiom of internet crime, which was possible, because of my mobile operator O2. Because you did not take my message seriously, the people could divert my calls, and could have access to my calls. That is how they could easily start using my online bank account. Also they have been able to open a Bank Account at Barclays Bank under my name.
On 18th of April 2016 at 12:40 I spoke with a memner of your staff called Kerry, explaining her everything and asking how is it possible people to breach my personal information, even after I have informed that something wrong is going on. At the begining of our conversation she assures me that no one had diverted calls,or could access my account. I asked for her name as a refference I spoke with a member of O2, so I can speack with my Bank, ask them the same questions and how is possible, someone to access my online banking, change the passwords, without me to receive the mandatory call to do that. Then she spotted it and said that my calls were diverted. I asked for the number they were diverted to, but she did not give me that information.
I was offered £100 from o2 as a compensation for all the troubles they costed me, but in fact it did costed me much more.
Do you think I have the legal right to get a normal compensation from o2 or not?
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 4 months ago.

How long have you had your contract with O2?

Customer: replied 4 months ago.
almost 7 Years
Expert:  Ben Jones replied 4 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 4 months ago.

Thank you. To be able to make a claim for more from them you will need to be able to show that they had acted in a negligent manner and in a way that was below the standard a reasonable operator would have in the circumstances. So you really need to look at whether any other operator would have acted differently and this would depend on how common these scams were and if it was clear that something was happening. If this was a new and complex scam, which the companies were not really aware of and t would not have been reasonably expected of them to know how they operate or to realise that it was a likely scam. So as you can appreciate, this will not be that easy in the circumstances.

However, that does not mean you cannot take this further. You have the right to challenge this regardless of whether you have a weak or strong case. I would also say that you do not have to start legal proceedings straight away – there are other options (free) which you can use before you go as far as a legal challenge and I can discuss these with you.

This is your basic legal position. I have more detailed advice for you in terms of the options you have to try and take this further, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44380
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 4 months ago.
It was definitely a O2 mistake, but to clear their hands , they are just telling me there is no record of the divert and they have no idea how that happened. The girl from the complaint team, said as a reason a divert can be made only by my phone or if someone have confirmed my password. Well obviously it was not made from my phone, we come to the second option my password ***** hacked, yes but before that to happen I personally went online to speck with a member of o2 by live chat ( because it was late and I was abroad) I told them about the scam call and I asked for help. In this kind of situation they should take my request more seriously and protect my account as they did, after I came back in London and started asking questions. Also the girl who was dealing with my complain said that when a divert is set up, doesn't matter how, o2 usually send a text message to confirm. In my case there wasn't such a notice, mail or text message. As she said that is why she offers me £100 credit in to my account.
Expert:  Ben Jones replied 4 months ago.

Before you consider taking formal legal action you should exhaust the other options available to you. Initially you should complain officially to O2, using their formal complaints procedure. This is usually done by phone on 0344(###) ###-#### ***** you have spoken to a manager and are unhappy with the outcome you can then take this to O2’s own Complaints Review Centre:

O2 Complaint Review Service

PO Box 302




Once you have received O2’s final response and if you are still not satisfied, you can then go to the Ombudsman – an impartial service which can issue a binding decision on the provider.

Finally, the option for court exists. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. 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 party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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 Once the claim form is completed it will be sent to the other side 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.

Customer: replied 4 months ago.
Thank you very much for your help. Yes I already spoke with o2 complaint team, but they could't help be. I will take the next step and will see where it will go
Expert:  Ben Jones replied 4 months ago.

ok best of luck, hope at least one of these options works out

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