Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long have you had your contract with O2?
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
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
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 www.moneyclaim.gov.uk. 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.
ok best of luck, hope at least one of these options works out