@WavyGravy wrote:
Hi, I've been scammed out of £40.50 by a company called Jammitup who fraudulently signed me up via some website or fake link. I got through to them and was given short shrift even though they couldn't produce any evidence I'd used the services. I had a fair amount of back and forth with their customer representative who refused to acknowledge they'd done anything wrong.
I took it up with O2 who were sympathetic but didn't even get as far as I had in my first enquiry before marking the ticket closed. I'm utterly disgusted by the way I've been treated - I suppose it's in O2's interest to stonewall me because they're getting a cut of the scam.
As a (previously) loyal customer of over 10 years do I have recourse to any action? I'm going to leave the network and spread the news anyway but is there any way I can get my money back?
@WavyGravy
I'm sorry you've been affected by one of O2's Payforit scams. It looks as though you were subscribed to this "service" prior to 11th May. In May O2 introduced a requirement for two factor authorisation of Payforit subscriptions. Although enforcement of this has been patchy, there has been a big drop in reports of these scams on the O2 network.
There really isn't much you can do to stop O2 collaborating with these thieves. All the major networks operate this system and receive complaints of this type. EE remains the best option if you want to move. They have operated the two factor authorisation requirement (only introduced by O2 last month ) since February 2018. Three and Vodafone have yet to do anything to prevent Payforit fraud.
To get your money back you need to pursue the company that took your money. This appears to be a compnay called Abacus Synergy. They are UK based with details available on the Companies House website.
Phone them to request an email address for complaints abot their service. Then email them to tell them:
- You never subscribed to their service and wish to complain that they have charged you without consent (contrary to the PSA Code of Conduct)
- You require a full refund of all the money taken. If you have incurred additional costs, for example in sending the STOP text, you should explain this and add it to your claim.
Send the email. Try to obtain a delivery receipt and a read receipt. Also ask for an acknowledgement of receipt in your email.
With a bit of luck, you will obtain a refund as a result of this email.
If a refund is refused, reply to them telling them that you require proof of the contract that they claim existed between you.
Insist on the following:
- Screenshots of the subscription workflow where you were alleged to have signed up for this service (as they were at the time of your alleged subscription).
- A description of what the service you are supposed to have subscribed to provides. Is this a newsletter, access to a web portal, a competition? How would it have been accessed if you had used it?
- Any evidence that after supposedly signing up for the service, you actually used it
- The complete web server log of the subscription, including the User Agent strings containing all device details (browser, device type, device IP address) together with dates and times.
- Full company details of the company claiming to have a contract with you, country of registration, full name of company, company number and registered company address.
- Details of any ADR scheme available to you should they refuse to give you a full refund.
Remember that under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the burden of proof rests with the service provider and not with you. You don’t have to prove you didn’t subscribe, they have to prove that you did!
Warn them that if a refund is not received legal action may follow.
I hope you manage to resolve this matter. Further support and information is available on the Payforitsucks website. Just Google "Payforitsucks".
to the Community and hope that you will stay and look around and join us in more light-hearted posts and topics. 
