Having used several different mobile phone contractors since 1995 with no problems at all I was pursuaded to sign with CPW/O2 in Sept 2007. This was for a 12 month contract for £40 a month. I occassionally used the data facility but never really exceeded £10 in any one month.
In late March I wanted to update the software on my Nokia 95. A CD came with the Nokia 95 that contained a proram called Nokia Software Updater. I loaded this onto my personal computer and using this program I located the latest N95 software via my personal computer and home broadband. The program then instructed me to connect my phone to a cable to download the software. Nothing suggested that the data would be downloaded other than by my broadband. The process took about 25mins.
A couple of days later I found my phone would not allow me to make outgoing calls or text messages. I phoned the CPW/O2 customer services and asked why this was. The informed me I had run up data download charges in excess of £400 and that my account was suspended until this was paid off. I asked them to explain how this had happened and they told me I would need to wait for my bill to to confirm details. All they could tell me was that the data had been downloaded through my phone.
A few weeks later my bill came through. I recognised the data download in excess of £400 as occurring at the time I had used my home broadband to to download N95 software to my phone. Somehow the Nokia Software Updater had switched from my home broadband to using the phone as a modem for datadownload. Something I would never have sanctioned.
I wrote to Carphone Warehouse and explained the situation to them. I asked them to explain how this could happen and I hoped as a large multi natinal company they would show some understanding for the unfortunate situation I found myself in; particularly in the light that the data download costs to CPW/O2 are insignificant as demonstrated by the unlimited data bundles they sell at relatively litttle cost.
I was disappointed to get a terse reply telling me that the data had been downloaded from my SIM card and therefore I was laible. No attempt was made to explain how the matter could have occurred.
I sent a second letter explaining how disappointed I was with the response and level of customer service. I got another terse letter in reply again telling me I was responsible for the data charges.
I cancelled my standing order to prevent the disputed sums being taken from my account and phoned customer services telling them what I had done and that I intended to continue paying the service contract charges, which I did, despite my phone still being suspended. I had researched the internet for details of how to refer the matter to OTELO. I learned that either 3 months had to pass without the dispute being resolved or the company had to send me a deadlock letter stating that the dispute could not be resolved. I asked customer services for a deadlock letter. They told me I would have to write in to get one.
I wrote again and again asking for a deadlock letter but recieved no response. I knew they had recieved the letters because they cashed the cheques I sent with them!
I spoke to customer services telling them that I wanted to get the matter resolved. They told me they would make notes of the points I had raised but still no response. Instead I got threatening letters and home phone calls from 2 different debt colection agencies and from CPW/O2. Strange that they could find time to write and cash my cheques but not respond.
This went on from March until late July when I eventually was sent a deadlock letter. By this time I had managed to refer the matter to OTELO. The letter arrived 2 days after I went on holiday to the US for 3 weeks. Yes I had even told CPW/O2 when I was going on holiday!!!! Strange that they sent it at that time having failed to do so for months before.
When I returned from my holiday in mid August I recieved this deadlock letter, a bill informing me that my contract had been cancelled on the 4th August and another telephone contact from a different debt collecting agency. Why this was refered to a debt collection agency when they knew I was attempting to seek redress from OTELO I do not know, but suggest it fits with my experience of a large company using corporate muscle to try to bully people like myself.
One member of staff suggested I took the phone to be checked to see if it was faulty. I did this but when it came back it jsut came back with notes saying no fault, software changed. I was disappointed that the repair note didn’t allude to what had been checked and why the software needed to be changed.
I have now had a judgement from OTELO that has told me that I am responsible for anthing done on my phone intentionally, unintentionally or by others.
I am going to have to accept the findings against me for the charge of over £400 for data download as it appears they have me legally cornered. I cannot afford to fight a multi national company in the courts. The OTELO judgement explained to me that I was legally bound but expressed sympathy for my frustrating position. Strangely enough CPW/O2 took time to explain things to OTELO that they hadn’t explained to me. However the lack of care, sympathy and assistance offered by customer services at CPW/O2 is galling.
Even more galling is the fact that since the end of March Ihave paid £200 in contractual fees to CPW/O2 for no service. Further they have just billed me an additional bill of £239.98, a charge for cessation of the contract which was due to expire at the begining of September.
This means on top of the £400 for data charges CPW/O2 have charged me I have also been charged £439.98 since March 2008 for a phone service I have been unable to use. CPW/O2 will no doubt argue that they can terminate a contract for non payment of bills. However I was careful at all stages to explain that it was the data charge I was disputing, that I wanted to resolve this matter with customer services help and through OTELO. CPW/O2’s intransigence prevented me from getting an early explanation and resolution that would have prevented this saga from dragging on for so long. It may even have meant that I could have used my phone instead of just being charged £439.98 for no service. All I got for my trouble and trying to stick up to a corporate bully was frustration, intimidation worry and stress.
I can’t continue to fight them any more as my partner and I have a little one due in 2 months and I need to think of his/her well being and comfort. However I am going to do my best to ensure that as few people possible fall foul of the unfair contracts, bullying and poor customer service offered by CPW/O2. I will tell this story and ensure it is distrubted far and wide. I am also considering printing up flyers and over the next months distribute my story to people outside CPW shops. If I can prevent just one, let alone 2, ahundred or a thousand people from falling foul of my experience I will be happier than leaving others to unwittingly falling victim as I have done.
I realise that someone will come in on this blog and say what a great service they have had from CPW/O2.
I respond - I have had great service from Vodafone and Orange for seventeen and half years. My bad experience is with CPOW/O2 and I will never use them again. I now have an Orange phone and will stay with them away from CPW/O2 for good. I advise others, on my experience, to do the same.
Hopefully if enough people can write in and complain on blogs such as these CPW/O2 will change their behaviour in the future.
I am going to write to my MP about this and ask that they table for legislation to control the power of CPW/O2 to charge to fees that they do.
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