O2 didn't let me buy a new phone online but took my money...

[Anonymous]

Yesterday I was very excited, ordering a Blackberry Bold with a pay-monthly package online from O2 Shop. Shortly after sending my request, someone called me and told me I needed to go through an ID check. She asked some questions (my mother's maiden name, date of birth, etc.) Then asked either my passport or UK driving licence number. I told her I didn't have either, 'cause I don't drive and I DON'T NEED a passport being an EU citizen with a fully valid EU ID. She said she couldn't accept my EU ID as a proof of identification! Is this legal? As far as I know, UK's been a member of EU for some time now... I've been living and working and been a faithful O2 pay&go customer in London UK for about a year now. (I'm a music teacher working in a public London school.) So, long story short, she said she had to cancel my order. OK, I thought I'd go and make a contract with another carrier, but when I accidentally checked my bank account, I realized that O2 took the price of the phone from my account! Obviously I got a bit disappointed and called them. They said it's gonna take about a week to give me a "refund" and if I didn't get the money back until next Friday, I should call them again... So, is this fair, or legal? I think not.

[Anonymous]

OK, but there is EU law as well... It's just strange that all the authorities accept my EU ID without question, and I could get a job with it, but it's not enough for an O2 customer identification. Furthermore I've been their customer, paying money for them regularly for about year now... But anyway, my biggest problem that they took my money for nothing and they will use it for about a week, and I'm sure they won't pay any interest for it. That still wouldn't be fair even if I was a man from the Moon...

[Anonymous]

Yeah, I think you're right. They should just do this credit check BEFORE taking my money.

[Anonymous]

I'm also an EU citizen.

Our EU ID cards are legal identification for all state matters, but unfortunately O2 is a private company and they can choose and decide what ID documents to accept, they are not bound by any law to accept a certain document or give anyone a mobile phone contract if they don't want to.

Credit checks on the other hand have nothing to do with one's passport or ID card. A person's credit file is created when they start having a banking history in the UK, and it is 'enriched' and updated everytime you open a bank account, credit card, mortgage, or go overdrawn etc. My wife recently got a 24-month contract with Vodafone and all they asked was a Debit Card for ID check. Then they ran a credit check and when that turned out fine they gave her the contract. No passports or ID cards - different network, different rules.

And it's true that you don't need a passport to live and get by in the UK if you are an EU citizen, as our ID cards are legal identification and all state agencies and banks will accept them as such.

As for taking the money out of your account when there was no sale, you can threaten them with all kinds of legal action possibilities. Surely if I mention some 'keywords' here the moderators will delete my comments and/or my whole post, so I won't mention them... but it's common sense what it's called if someone takes your money without providing any item or service!

And in my opinion, any compensation claims don't have to be based on potential interest earnings, but only on the mere fact that they deprived you of such-and-such amount and you found it difficult to cope through the long period it took to refund it. Furthermore with their action you would be running the risk of going on an unauthorised overdraft which can incur numerous charges that they'd have to refund, this being their fault.

[Anonymous]

...
And in my opinion, any compensation claims don't have to be based on potential interest earnings, but only on the mere fact that they deprived you of such-and-such amount and you found it difficult to cope through the long period it took to refund it. Furthermore with their action you would be running the risk of going on an unauthorised overdraft which can incur numerous charges that they'd have to refund, this being their fault.

That's nonsense, you can only claim compensation for an extra expense incurred because of someone else's action.


You should be aware that when a card refund is processed, it is the banks that take up to 7 days to credit it to the account.

[Anonymous]

That's nonsense, you can only claim compensation for an extra expense incurred because of someone else's action.

Right, and overdraft charges (if incurred) would be an extra expense incurred because of the network's action. I'm just covering all possibilities here.
My other argument about the trouble caused by the customer seeing their bank account sucked dry through no fault of their own would have a good chance of standing in court (depending on the judge, as always), and in any case it is not nice to call it 'nonsense'.

My point is that is is increasingly common in this country to ask for photo id from a recognised government body in the UK when opening up any kind of account especially banks as further proof to them accepting you as a risk. But it is only one step, the other being a credit history as you have described.

I cannot comment about other EU countries, but it's true that in the UK credit history is taken as a very serious and important indication of someone's identity and of course credit-worthiness.
An EU ID card is a government-issued photo-id document, so it should be accepted as such everywhere. It is accepted in the public sector, i.e. public services and state agencies, issuance of National Insurance numbers, benefit claims, etc. As for banks, most if not all of them accept government-issued EU ID-cards as valid identification when opening accounts, and they include this acceptance in their acceptance ID documentation lists.
As I mentioned earlier however, private companies such as mobile networks can probably choose what documentation to accept and what not - for example, Vodafone was happy with just a debit card (without photo). In the OP's case O2 seems to need something more, which to me seems to have to do with the fact that the OP may have a short or limited credit history in the UK - I wasn't asked for ID when I took out my O2 contract.

[Anonymous]

Credit history is not a "very serious and important indication of someone's identity". Your are confusing the ID check done before a Credit CHECK with Credit HISTORY. Neither will a court give you compensation for being a bit upset because a refund takes 7 days. I'm sorry you feel its not "nice" to use the word nonsense. However, you have to remember that your advice could be acted upon and cause other posters real financial problems.

I'm sure you post in good faith, but you are still mistaken.

[Anonymous]

Your are confusing the ID check done before a Credit CHECK with Credit HISTORY.

Well these two can always become confused depending on the person or company you are dealing with. When you take out a mobile phone contract online or by phone, and it is accepted, and the phone arrives to your home the next day (or whenever), this means that the credit check they ran also worked as an ID check, doesn't it? Because at no point do they personally come to your house and ask to see an ID document.
Of course sometimes they phone you and ask for information like passport number etc, but there are many cases where they don't and these are the cases I'm referring to.

Neither will a court give you compensation for being a bit upset because a refund takes 7 days. I'm sorry you feel its not "nice" to use the word nonsense. However, you have to remember that your advice could be acted upon and cause other posters real financial problems.

I hope common sense dictates that I don't have to append a disclaimer on every post with advice I put on the forum, saying something like "I am not a solicitor, my advice is purely my personal opinion and I am not responsible for action taken following my advice"! It's obvious that most of us here are common people trying to help each other. Some of us know a bit more than others, some of us have had more experience in certain areas than others and we can offer our advice (personal opinion??) based on that experience. It is also obvious that if anyone wanted to take a legal route, they would consult with a solicitor first.

As for the OP's financial problems, if there are any they were caused by O2's actions, not by the OP's, and not by the OP taking advice from me or anyone else from this forum.