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Can I ask for opinion of the following? I am considering the merit of using the MoneyClaim service following my poor experience with Carphone Warehouse.
I apologise for the length of this post, but I am trying to include all details.
At the end of November 2015, I received 3 separate letters relating to mobile phone insurance for handsets on the O2 network. I nearly threw them away as junk, but quickly realised that something was amiss and phoned O2. Having struggled to get past‘security’ as I didn’t know the password for an account I had supposedly set up, it then emerged that on 3 occasions over 4 days someone had taken out contracts at £60 a month to obtain new iPhone handsets.They eventually accepted this wasn’t me and it was referred to their fraud team. They wouldn’t give me any details about the origin of the contracts except they were taken out at a branch of Carphone Warehouse in theNorthampton area. They insisted that to cancel these I would need a Crime Reference number.
I contacted my bank immediately after this call and they were fantastic in their response, checking my account, confirming the presence of 3 Direct Debits which they immediately cancelled and they then checked for other fraudulent activity. None was found, but they recommended cancelling my card as a precaution. This meant I was without a bank card for the weekend but I considered it prudent.
I then phoned the police and was referred to Action Fraud, to log the details and get the required reference for O2.
I thought that the end of the matter, but a week later I had an SMS to my phone from my provider EE which referred to a new service plan. An immediate call to them revealed that while I was at work someone had used my details to upgrade my handset to a new iPhone.
This was due to be sent to an address in Berkshire and the upgrade was stopped.
This unfortunately meant that my handset immediately stopped working as they had to block my number temporarily while they unravelled the mess. When the block was lifted (after 4 days), I then had to obtain a new sim from the local EE shop to get connected again.
The only details EE would share was that the upgrade was initiated by a ‘Third Party Provider’.
Whilst I was in the middle of sorting out the EE mess, a letter arrived from Carphone Warehouse saying that ‘the email that was provided in store’ was incorrect. They couldn’t email my contract details to me and therefore a copy was enclosed. This was once again for an iPhone, this time on the Vodaphone network. The person claiming to be me had paid just £20 in cash and walked out with a phone!
I phoned Carphone warehouse who immediately said I had to speak to Vodaphone. Even though they had set up the contract they couldn’t cancel it. Apparently it was my responsibility.
A subsequent call to Vodaphone registered it as fraud. A call to my bank revealed a Direct Debit in the process of being set up and this was cancelled. It was now clear that someone had access to my bank account and sort code numbers and so my bank recommended closing that account. Doing so, 2 weeks before Christmas was hugely inconvenient but I felt I had no choice. My bank also suggested a ‘protective registration’ with CIFAS which although £20 I felt worthwhile.
This fortunately put an end to the fraud, but attempts to complain to Carphone Warehouse about my experience have been meet with resistance and disinterest.
My first letter to Customer Service was responded to with “we cannot locate the transactions to which you refer”.
The second with all the supporting documents was respondedto with advice on reporting the fraud. All of the steps suggested I had alreadytaken and my letter made this clear. No apology. A third complaint resulted in a phone call, in which again there was no apology until prompted and a statement of ‘well we are victims of fraud too”.
My letter to Jeremy Fennell, revealed the existence of a ‘CEO Escalations Team’ who again repeated all the fraud advice, took no responsibility for the Frauds despite their store being the source. I questioned why there systems would not flag up so many high value contracts under that same name and address in such a short space of time as suspicious. They claimed that I store a card and pin would be used for ID. This clearly could not be the case for the transaction after my card was cancelled even if my first card had been cloned. They have refused to consider any form of compensation other that the CIFAS registration fee (as a matter of goodwill). They sent a ‘Final response’ which said that was the end of it, but I was entitled to go to ADR provider. No word as to who that might be.
I spoke to Citizens Advice and then did the rounds of all the Ombudsman Services. Carphone Warehouse (Dixons Carphone) are not a member of any of the Ombudsman Services and as such none of them are able to help me. Apparently Carphone Warehouse are obliged to tell me I can use an ADR service, but do not have to tell me the name of one that they recognise. As such they have barely complied with what they have to do.
A further discussion with Citizens Advice resulted in the information about the frauds being forwarded to Trading Standards for ‘intelligence purposes’ but neither organisation can help me further…
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My thoughts are to claim for the time spent on phone calls,letters written, the loss of access to my bank account and the 4 days without aphone.
What are the thoughts on the likelihood of success?
Do I potentially expose myself to costs if the defend?
Would a judge take the view that I have given them everyreasonable opportunity so far?
I apologise for the length of this post, but I am trying to include all details.
At the end of November 2015, I received 3 separate letters relating to mobile phone insurance for handsets on the O2 network. I nearly threw them away as junk, but quickly realised that something was amiss and phoned O2. Having struggled to get past‘security’ as I didn’t know the password for an account I had supposedly set up, it then emerged that on 3 occasions over 4 days someone had taken out contracts at £60 a month to obtain new iPhone handsets.They eventually accepted this wasn’t me and it was referred to their fraud team. They wouldn’t give me any details about the origin of the contracts except they were taken out at a branch of Carphone Warehouse in theNorthampton area. They insisted that to cancel these I would need a Crime Reference number.
I contacted my bank immediately after this call and they were fantastic in their response, checking my account, confirming the presence of 3 Direct Debits which they immediately cancelled and they then checked for other fraudulent activity. None was found, but they recommended cancelling my card as a precaution. This meant I was without a bank card for the weekend but I considered it prudent.
I then phoned the police and was referred to Action Fraud, to log the details and get the required reference for O2.
I thought that the end of the matter, but a week later I had an SMS to my phone from my provider EE which referred to a new service plan. An immediate call to them revealed that while I was at work someone had used my details to upgrade my handset to a new iPhone.
This was due to be sent to an address in Berkshire and the upgrade was stopped.
This unfortunately meant that my handset immediately stopped working as they had to block my number temporarily while they unravelled the mess. When the block was lifted (after 4 days), I then had to obtain a new sim from the local EE shop to get connected again.
The only details EE would share was that the upgrade was initiated by a ‘Third Party Provider’.
Whilst I was in the middle of sorting out the EE mess, a letter arrived from Carphone Warehouse saying that ‘the email that was provided in store’ was incorrect. They couldn’t email my contract details to me and therefore a copy was enclosed. This was once again for an iPhone, this time on the Vodaphone network. The person claiming to be me had paid just £20 in cash and walked out with a phone!
I phoned Carphone warehouse who immediately said I had to speak to Vodaphone. Even though they had set up the contract they couldn’t cancel it. Apparently it was my responsibility.
A subsequent call to Vodaphone registered it as fraud. A call to my bank revealed a Direct Debit in the process of being set up and this was cancelled. It was now clear that someone had access to my bank account and sort code numbers and so my bank recommended closing that account. Doing so, 2 weeks before Christmas was hugely inconvenient but I felt I had no choice. My bank also suggested a ‘protective registration’ with CIFAS which although £20 I felt worthwhile.
This fortunately put an end to the fraud, but attempts to complain to Carphone Warehouse about my experience have been meet with resistance and disinterest.
My first letter to Customer Service was responded to with “we cannot locate the transactions to which you refer”.
The second with all the supporting documents was respondedto with advice on reporting the fraud. All of the steps suggested I had alreadytaken and my letter made this clear. No apology. A third complaint resulted in a phone call, in which again there was no apology until prompted and a statement of ‘well we are victims of fraud too”.
My letter to Jeremy Fennell, revealed the existence of a ‘CEO Escalations Team’ who again repeated all the fraud advice, took no responsibility for the Frauds despite their store being the source. I questioned why there systems would not flag up so many high value contracts under that same name and address in such a short space of time as suspicious. They claimed that I store a card and pin would be used for ID. This clearly could not be the case for the transaction after my card was cancelled even if my first card had been cloned. They have refused to consider any form of compensation other that the CIFAS registration fee (as a matter of goodwill). They sent a ‘Final response’ which said that was the end of it, but I was entitled to go to ADR provider. No word as to who that might be.
I spoke to Citizens Advice and then did the rounds of all the Ombudsman Services. Carphone Warehouse (Dixons Carphone) are not a member of any of the Ombudsman Services and as such none of them are able to help me. Apparently Carphone Warehouse are obliged to tell me I can use an ADR service, but do not have to tell me the name of one that they recognise. As such they have barely complied with what they have to do.
A further discussion with Citizens Advice resulted in the information about the frauds being forwarded to Trading Standards for ‘intelligence purposes’ but neither organisation can help me further…
- - - Updated - - -
My thoughts are to claim for the time spent on phone calls,letters written, the loss of access to my bank account and the 4 days without aphone.
What are the thoughts on the likelihood of success?
Do I potentially expose myself to costs if the defend?
Would a judge take the view that I have given them everyreasonable opportunity so far?
