@Hildog wrote:
Keep getting texts from pay for it saying been charged but can’t see it on my billl . Is it a scam and if so how do I get rid of it
Yes, this is a 'Payforit' scam of the type highlighted recently on BBC Watchdog.
You are the victim of a ‘payforit’ scam. After several months, I think I have finally worked out how to deal with this correctly in order to get the best outcome.
Unfortunately, the way that this works is that you have to contact the company taking your money and get them to stop the subscription. If you ask O2, this is is what they will ask you to do. They won’t deal with it themselves and the rules are on their side in refusing to get involved at this first stage.
There should be a phone number in the text you received confirming the subscription that you can call using included minutes. If you have difficulty identifying the originator of the charges O2 should be able to help you with that.
Call them and tell them that you never knowingly subscribed to their 'service' and that you want them to stop the fraudulent subscription. Record the call if possible. You should also insist on a full refund of any money they have taken. Alternatively you can send a STOP message to the 5 digit number given in the text, but this will cost (usually 10p) and you won’t get a refund. Don’t reply to the texts, it probably won’t work and will probably cost.
You are entitled, under Section 45(3) of the Consumer Rights Act 2015 to insist that this refund is made back to the account from which it was taken. Under section 45(4) of the same act, any refund needs to be made within 14 days of it being offered and accepted. It’s probably worth letting the company know that you are aware of your rights in this respect.
For small amounts, the companies often refund in full with little argument. If the amount involved is larger though, they may only offer a partial refund. Accepting this will weaken your legal position.
If the company do not co-operate or do not refund in full, you can then revert to GiffGaff and ask them to take action under the Mobile Operators Code of Practice for the management and operation of PFI (Payforit). This was provided to Ofcom as part of a consultation in 2012. As far as I am aware it has not been superseded or revoked.
Under this procedure it becomes the network’s responsibility to adjudicate in disputes between ‘service providers’ and consumers. If you are unable to reach agreement they should advise you on your rights to go to ADR (Alternative Dispute Resolution). A failure to follow this procedure could be referred to the Communications Ombudsman.
If a full refund is refused I have evidence that these companies will pay out when faced with the possibility of a claim in the small claims court. In most cases the companies pay on receipt of a 'letter before action'. In a few cases they haven't settled until court documents have been served. No case I am aware of has so far been decided by a court.
Ultimately they have to prove that you knowingly consented to the payments or make a full refund. That is almost impossible because there is now a body of evidence that your consent can be ‘spoofed’ by malware. Consent obtained fraudulently is not consent. Full advice on how to proceed if you encounter a problem with your refund can be found on the website linked in my signature.
You should also complain to the Phone-paid Services Authority about the unauthorised charges. The regulator will not handle individual cases, but will take action if specific companies generate a disproportionate number of complaints. Your complaint could speed the closure of the fraudster and prevent other consumers being scammed.
I hope you manage to sort this out. If you need further help please contact me here or through the payforitsucks.co.uk website.
These scams are a disgrace to the mobile communications industry and it is time that they were stopped.
Paul
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For help with 'Payforit' scams payforitsucks.co.uk
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