Poor customer service and unfair contracts at CPW

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.

To start with - you need to ask CPW how they reckon that you used £400 in 25 minutes

This does seem slightly excessive to me - what contract were you on - unlimited (with a limit) or pay as you go ?

I was on a £40 a month contract for minutes and texts. Charged extra for data usage on a pay as you go basis. Problem with CPW never would go beyond stating that the data usage was from my SIM, has been checked and 'as per the terms and conditions of contract you are responsible for all usage nmade on your Sim and the resulting charges.'

My bill shows the data usage occurring at 13.46 £365.575 (+VAT). It doesn't allude to exact minutes used but I guess the data usage is because of the software being downloaded. My big problem is that I had been doing everything by broadband. I want Carphone Warehouse to explain to me how the download could swap from broadband to my mobile being the source of download.

Carphone Warehouse don't care about explaining any of this. The just want to charge the money and seem to think that customers have no right to an explanation. The tactics appear to be two terse letters to account holder, failure to respond to account holders letters and telephone requests, a series of red bills and a number of referals to and letters and phone calls from debt collectors letters.

For daring to refuse to pay the disputed sum until I got an explanation and/or the matter was refered to OTELO, CPW/O2 disconnected me stating I had breached my contract. This is despite advising them that I would continue to pay my monthly contractual charge and doing so. They have since added a cessation charge of £238 because they cancelled my contract early.

More money for old rope for them!!!!!! I worked out that my contract charges for April, May, June, July would accumalate to £160. I sent them cheques early on for £80 and £120 which they cashed. My contract would have ended in September meaning that all going well I would only have another two months monthly charges of totalling £80. Somehow by cancelling my contract they have boosted that with the cessation charge.

i.e. Approx amount to be paid for a suspended phone service between April and Sept if contract had not been cancelled by CPW/O2 = 6 x £40 = £240 - Not a bad turnover for CPW considering they are not providing a mobile service.

Amount due to CPW for suspended service between April and July when contract cancelled early by CPW/O2 = 4 x £40 + £240 = £400. Even better turnover for CPW who are providing no mobile service and have profited further by cancelling contract early.

As OTELO have advised contractually I am liable for the data charges I guess I am no matter how unfair it seems. I don't know what I else I can do. The additional and real kick in the teeth is the poor response to my questions and then punishing me by suspending and then cancelling my contract all for the additional tidy sum of £400 into CPWs coffers.

I do note that there appear lots and lots of similar poor customer service stories on the internet re CPW (both mobile and TalkTalk) failing to respond to customer queries and instead employing debt collectors etc.

I have added my story to warn people of what can happen to anyone choosing to sign up with CPW. The customer does not appear to come first rather theit appears to be the next pound note or multiples thereof no matter the damage.

I take sollace in knowing whilst CPW may have made a fast buck out of me their long time loss will be greater. Neither I or my family, nor many of my friends want to ever to use CPW again.

It seems to me that you have conceded defeat to CPW - Do you want to fight this or not ?

If you do - I think that you really need legal advice and this is where the Citizens Advice Bureau should be brought in.....

OFTEL appears to be working FOR CPW in this case

I hoped OTELO were acting impartially although rereading what they have written and assumptions they appear to have made you may be right.

I am going to have to pay this off because as the little person fighting a big corporation I cannot afford to have the bad credit rating that is threatened. I need to remortgage soon - (thats where they win with there threats!) However I will see what advice Citizens Advice Bureau can get me.

Thanks

Hi,

After reading about your experience can I ask, whilst you were downloading your software were you using your internet (broadband) to surf the net?

Once I have your answer, I'll explain something.

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Stripes

I was actually completing a bit of work on a Microsoft Word document, although I may have gone to the browser at once or twice.

Right well to me it makes sense why you have been charged as the same thing happened to me but fortunately I was on PAYG.

I was downloading software and was also browsing and because of this I too was also charged £20 for about 90 seconds. When I contacted my provider (Orange I think it was) they explained that because I had been browsing other sites the sim card has overrode the broadband. I like yourself was absolutley gobsmacked! I wasn't even aware that you could use a mobile to surf the net connected to a PC. The guy at Orange explained that this is possiblle but the charges are one hell of a lot more expensive. Obviously!!

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Stripes

Thanks very much for explaining this. No one else has been able to. I have recounted this event on other bloggs and have had several people comment.

Funnily enough they all seem to work for mobile phone firms (although all deny working for Carphone Warehouse) and tell me it is my fault and I should expect to be liable.

Actually recounting my experience had three purposes and none of them were the answers I got from the so called 'experts':

1. To let other people know of the dangers of this kind of thing happening to them.

2. To find out how this could possibly of happened to me. I know I did nothing to instruct the computer to switch from broadband to phone.

2. To let people know about the terrible customer service that Carphone Warehouse provide. They failed to answer my correspondence beyond telling me that the download were registered to my SIM and therefore I was liable. They used debt collectors to chase me when I withheld payment awaiting an explanation, despite me continuing to pay monthly contract fees (for a suspended service) and telling them I would pay any sum due once OTELO had ruled on the matter. Funnily enough they cashed cheques sent with my letters but failed to respond to my request for a deadlock letter so I could take this matter to OTELO. They also then made a negative comment on my credit record (shown at Experian) whilst the matter was with OTELO. Yet all the delays in the matter were due to their apparent attitude at the Carphone Warehouse which appears to be

'The customer can never be right and there is no need for the customer to understand what or why they have incurred charges. The customer doesn't count and the customer must pay up whatever or we will ensure they are harrassed by debt collectors and their credit rating is seriously damaged. We at the Carphone Warehouse will always prevail against the hapless customer who only exists for the purpose of profit'.

I was a aprty to a dispute that was being arbitrated at carphone Warehouse and to which I was prepared to abide. I believe Carphone Warehouse would shirk at the prospect of me damaging their credit rating whilst a dispute over charging is settled by a system they have apparently signed up to.

BE warned.

But Stripe thanks again for your valuable explanation.