No cap on my son's number??

[ziouka]

I just got a £120 bill on my son's number because he sent 800 text over his 500 allowance! His bill should be £12... Needless to say I'm absolutely appalled that I was not made aware that he was spending 10 times over his bill nor was there any cap on his spending. How is it even possible? After speaking to O2 they said that they don't cap customer spending and customers should check how much they spend themselves. 

Is it even legal not to warn the customer when they overspend? Am I supposed to go online every day to see what my son spent?

So disappointed in O2, have been their customer since 1994 and lately they have been getting so much wrong that I wonder whether it's time to change.

[MI5]

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@ziouka wrote:

Indeed, there is a new friend.

Everyone seems to be going on about T&Cs. 

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Because it's important to read and understand what you are signing up for.

[ziouka]

T&C don't mean much if they are unreasonable and aim to mislead the customer. PPI is a prime example of this.

Also I certainly don't remember signing anything about no capping or no notifications.

Many thanks for your response anyway.

[Anonymous]

It’s not unreasonable actually. You should fully read & understand the t&c before signing anything. Maybe he should have a payg big bundle sim

[adamtemp64]

For reference 

1. 5.10 We can't set usage limits on your account. We'll try to monitor usage of the Service through your account to control our credit risk and your exposure to fraudulent usage or unintended Charges caused by your usage, but we can't guarantee this and O2 is not responsible or liable for any such fraudulent usage. If we see usage on your account that causes us concern, we might restrict use of the Service on your SIM Card and/or bar your SIM Card. You'll need to contact us before you can use any of the chargeable aspects of the Service again. You may also have to make an interim payment before the Service can be restored.
2. 6.1 You must use the Equipment, SIM Card(s) and the Service in the way described in any User Guides, or other instructions issued by us and in a responsible manner. You must use suitable Equipment or equipment for the Services you're trying to use. If you are a parent or guardian, you are responsible for the use of the Equipment and the Service by a child or young person in your care.

https://www.o2.co.uk/termsandconditions/mobile/our-latest-pay-monthly-mobile-agreement

[Anonymous]

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@ziouka wrote:

T&C don't mean much if they are unreasonable and aim to mislead the customer. PPI is a prime example of this.

Also I certainly don't remember signing anything about no capping or no notifications.

 What about statutory rights and reasonable expectations? You don't expect your bank to let you go into unlimited overdraft yet it's ok to run unlimited bill on your phone.

 

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Mostly ppi was mis-sold cos customers were not made aware of how much commission was involved and sold to people who didn't need it. The terms were pretty clear just didn't cover those aspects. Banks have a duty of care to ensure that your account is not subject to fraudulent use, and soon put a block on if they see uncharacteristic transactions - O2 would no doubt have put a block on if the phone had been used for uncharacteristic multiple calls to premium numbers, say..

Often these uncharacteristic transactions are completely legitimate - so it's a fine line between p1ssing off genuine users and stopping the fraudsters. Your son intended to continue texting presumably to the same number and there was no uncharacteristic usage. and there was no fraud involved. How are O2 supposed to out of nowhere, decide that you wouldnt  be happy about this?

It would be like the cash machine asking if you were really really sure you wanted the money and what were you planning on spending it on...even if you had a healthy balance.

As an O2 customer I have a reasonable expectation that the service I signed up for will be provided and NOT restricted if I go over allowances. The only statutory right involved here is the expectation that the service provided, is fit for purpose which it clearly is. You don't have a statutory right, to expect O2 to make up for shortfalls on your side. Ulltimately the only person you should be blaming for all this is looking back at you in the mirror.

[ziouka]

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@Anonymous wrote:

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How are O2 supposed to out of nowhere, decide that you wouldnt  be happy about this?

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Looking at my son's texting history - his texting went from 0-30 a month to 1,300 in May. If O2 are really 'trying' - as per there t&cs - to identify fraudulent activity this is way out of the ordinary and should have triggered a warning. 

Banks are doing a great job monitoring your activity, you get texts informing you of unusual transactions where you can choose to interfere or not. O2 does no such thing. Data usage is limited due to various legal issues related to exactly same issue - overspending. Texts and calls should be limited just in the same way. Takes one person to take legal action, right?

Are there any real people on here?

[gmarkj]

We are all real people here, but we have seen this situation (or similar) time and again.
Reading you last post the sudden increase in messages COULD be viewed as out of the ordinary.
Unfortunately o2 will most likely just send a message to the number on the account - which your son has, and which may well have been ignored.
By all means you can try calling customer services, but do not do so with the expectation of being let off the hook.
The best time to call is between 8am and 8:30am. Good luck

[Cleoriff]

@zioukaas @gmarkj said we are all real people and are only offering you what we consider to be the best advice.

I stick to my first suggestion though....maybe your son wold be better with PAYG. You are footing his bill so if he can't pay it himself you (and he) would have more control with PAYG...

Best of luck with whatever you decide to do...:smileywink:

[Anonymous]

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@ziouka wrote:

Are there any real people on here?

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I'm no cheer leader for O2 believe me, look at some of my posts relating to their awful customer service contact centres and lots of other failings. if this was plusnet's community forum most of my posts wouldn't see the light of day....

Lookingat my son's texting history - his texting went from 0-30 a month to 1,300 in May. If O2 are really 'trying' - as per there t&cs - to identify fraudulent activity this is way out of the ordinary and should have triggered a warning. 

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Ok but this wasn't fraudulent - fradulent would have been someone stealing the phone and sending those texts and making calls without permission. At best this could be classed as unintended Charges caused by your  (son's) usage.

Now in the T&C's O2 try to wiggle out of having any liability for fraudulent usage by mixing up the term with the liability for unintended charges, one -as often people will say it's been fraud when actually it's been  unintended charges. So in a case similar to yours a dishonest person might have gone straight to customer services and lied. Then O2 would have pointed out the usage patterns and so on and not rolled over and pointed to the terms and prevailed.However if it can be proved that the phone was stolen and the patterns of usage are uncharacteristic O2 are absolutely liable for fraudulent usage regardless of what it says in the terms.

Also as has been pointed out a text warning may indeed have been triggered - but there is nothing in your agreement that forces O2 to give such a warning nor nor restrict usage. They are in the business of selling telephony services and can't be expected to curtail them without prior agreement without  reason to believe  that there is a risk of not being paid or if there has been fraud. 

banks are doing a great job monitoring your activity, you get texts informing you of unusual transactions where you can choose to interfere or not. O2 does no such thing.

How do you know O2 didn't send text warnings?

Data usage is limited due to various legal issues related to exactly same issue - overspending.

Data usage overspend is capped at £40 per month by regulation, but O2 would rather avoid these constant arguments so restrict once allowances are reached. Also large numbers of customers on higher cost tarrifs get unlimited calls and texts anyway so will only ever overspend on data or premium or other chargeables.

Texts and calls should be limited just in the same way.

If a regulation existed that limited overall spending then O2 would cease to have a business, it would be like forcing McDonald's to sell everything for a pound.

Takes one person to take legal action, right?

You need to follow O2's internal processes first and making an action for £100 is pointless as it will cost you that to make the claim and talk to a lawyer for 15 minuites, as well as the risk that you will lose and be landed with costs. I would throw myself on O2's mercy and ask them to waive this due to your circumstances - you stand a better chance of success that way. Please see my caveat on my signature lines. Good luck.