Stolen phone and responsibility for charges

[Anonymous]

Hello community ... I had my (unlocked) phone stoeln in Naples. I am being billed £423 in unaurthoised use ... O2 is discounting all but £100 which I have to pay. The list of numbers dialled all commence with the numeral '2' which I learn from the Italian telephone site is a code 'reserved for future use'. Since this code indicates all the calls are unlawful which should I have to pay any part of the charges let alone £100? Anyone shed any light on this?

[MI5 · Accepted solution]

If reported within 24 hours you are only liable for the first £100 of calls made between loss and reporting it.
So, what o2 are telling you is correct assuming those calls were made before you reported it.

[Anonymous]

... yeh, got that, but why does any responsibility arise for the individual account holder -- for example, if your car is stolen and used illegally no liability arises for the car owner for the unlawful acts conducted by the thief ...

[MI5]

Those are the rules set by OFCOM.
Think yourself lucky as prior to that ruling you would have been liable for the full amount upto the point of reporting it.
Key point is to report it immediately which limits your liability even further and as far as the car analogy is concerned, I guess it's easier to prove who was driving the car.

[MI5]

You could also try an official complaint.
Resolver is known to get good results http://www.o2.co.uk/how-to-complain

[jonsie]

Sorry for the stressful loss of your phone. 

O2 have limited your liability to the £100. Quite a lump to find especially after an overseas trip. You have been treated fairly though as laid down by OFCOM so really you have no basis for a complaint. 

[adamtemp64]

Was the phone not passcode locked ?

[MI5]

More importantly the sim pin enabled?

[MercedesS]

Hello @Anonymous

We are sorry to hear about your phone. In case it helps, here's a link to a community guide: Lost or Stolen O2 Device? - How to Report it. 

And as @MI5 suggested, if you’re unhappy, you can try and talk to the Complaints team. 

Let us know if we can help you more. 

Thank you @MI5, @jonsie and @adamtemp64 for your help!