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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello my mobile phone company (a household name) dodged my

Customer Question

Hello my mobile phone company (a household name) dodged my request to investigate suspected fraudsters who kept calling me on my mobile to upgrade my phone. I rang the Number of the suspected fraudsters as until then I thought it was a work related call I gad missed. The person who answered (I called from my landline) claimed to be phoning under the mobile company's name. They sounded so unprofessional when I was trying to validate their credentials so I contacted my mobile company the only way I knew how I.e. On line. They simply referred me to other services to block such calls deeming them nuisance but would not investigate the number I fave them or tell me how they deal with potential fraudsters. I also challenged them about their lack of customer service in dealing with my specific query and they again just give irrelevant answers which relate to their interpretation of what I ask rather than dealing with my specific request for help on their service. Is this legal?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here as you will get an email when I respond.
Alex Watts : What do you expect the mobile phone company to do please?
JACUSTOMER-vd8cotwk- : I expected them to contact the number I gave them to confirm or deny that the number who was calling me from Manchester were acting fraudulently. Also on my second contact I had a secondary query regarding loss of service one day per week for a few weeks running where I was unable to make outbound calls. I asked for a refund of the days when that happened. They refused that too.
Alex Watts : Have you reported this to the Police yet?
JACUSTOMER-vd8cotwk- : No I did not do that though I spoke to Police and Crime Commisioner in Wilsthire who is trying to get businesses to combat business fraud. Apparently the MET has a fraud action team. I believe that the duty of care Luke's with O2 as my provider to deal with this though. So far it is my time and money going into this complaint about potential fraud.
JACUSTOMER-vd8cotwk- : Lies
Alex Watts :

Its bad news I am afraid, you can not make O2 investigate this, it is a commercial matter for them.

Alex Watts :

If someone is pretending to be O2 and they are not, it is not for O2 to investigate. This is a criminal matter and it would be fraud by false representation.

Alex Watts :

This is why the Police should investigate the matter and indeed your local Trading Standards.

Alex Watts :

But O2 is under no obligation to report someone pretending to be them - because that is what the Police are for.

Alex Watts :

I am sorry if this is not the answer you are looking for and it is certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-vd8cotwk- : Thank you for your answer. I just want to know where I stand with the loss of service refund I requested from 02 for the days I could not make calls out. I am on a monthly contract and they said they do not refund for such things.
Alex Watts :

If you could not make use of the service then you are paying for something you do not have. This means that they are in breach of contract and you are entitled to a refund.

Alex Watts :

If they refuse then issue proceedings in the small claims Court