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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46208
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My mobile phone company are telling me I have used a large

Customer Question

My mobile phone company are telling me I have used a large amount of data and want to charge me loads as they say I went out of my data allowance, which I keep telling them l have not used this phone much. As a low user.I know it's not true but am having difficulty getting the message across. They aren't even interested in a screenshot as it says that I have not used this amount also. Have complained to them and they conveniently most things I say. Thanks.
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

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

Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.
I had already pasted my problem was hoping for a response to that thanks.
Expert:  Ben Jones replied 7 months ago.

Apologies for the slight delay. Have they provided you with a breakdown of the data usage?

Customer: replied 7 months ago.
No they absolutely refuse to. Saying I can find this manually but no sites are shown to me izn my bill.
Expert:  Ben Jones replied 7 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 7 months ago.

Many thanks for your patience. Whilst I understand that you are a low user, I must say that sometimes people inadvertently use data that they never intended to and this could happen for a number of reasons. For example, if you did not switch roaming off, certain apps or features on a phone can automatically use up data even if you do not intentionally use them or have any idea that they may be working in the background. Of course I am not saying that this is the case here but just pointing this out as a potential explanation as I have seen it happen before.

In terms of resolving this with the provider, in the first instance you must follow their internal formal complaints procedure to its full completion. Once you have received their final response you have the right to go to the Ombudsman, which would be Ofcom:

http://consumers.ofcom.org.uk/complain/phone-and-broadband-complaints/billing/

They are an independent body which can make a bonding decision and it is completely free to use so it is strongly recommended that you do use them.

If this does not help either and the charges are levied then your final option is to go to the small claims court to try and get these back.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you are going to take this matter down the legal route, 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: 46208
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 7 months ago.
Thank you great so far. I had already done a bit of research and it is slightly possible that something may have gobbled up my data but were talking approx a gigabyte this time, and this is the third time it has happened to me in less than my first year with these people and as it has happened before i was extra careful this month even to the extent of taking screen shots every day closing mobile data, and turning phone off at night. Including the night it happened. As i checked on the ID website and it told me i have 130 mb left so i turned it off and went to bed. Without knowing, the next time i checked my data it said i owed £96,00. (shock). Don't know why it happened. I thought of data leakage. Had a diagnostic on my phone at the CPW shop and they said it seems fine. I need to carry on till the end with my complaint so i get a letter of completion. I would appreciate some steps to follow. There is no rush here as i will have to pay it, as due in 3 days time, and try to reclaim it back if i can be successful. Seems like i've been had. Don't trust them anymore. Thanks for you help so far. Roger.
Expert:  Ben Jones replied 7 months ago.

Thanks. These steps are if you eventually have to go to the small claims court to get the money back. 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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. 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.

Customer: replied 7 months ago.
Thank you for the helpful information. One last question please, is the difference between the screenshot for that period on my phone to their on screen records. Can it be used as my proof or do they take no notice? How to make it legaly binding. Thanks.
Expert:  Ben Jones replied 7 months ago.

The screen shot may help in your argument but it does not make it legally binding - the legally binding information will most likely be the digital records held by the company

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