to not pay this bill?

[HeyNannyNanny]

Around 8 months ago I took out a flexible, rolling contract for a data only Sim to use in my MiFi device.

(Its basically a portable WiFi hub that runs on a Sim Card)

In store, I was sold a package for £7.50 a month which gave me 2GB of data. I explained my internet usage to the rep at the shop (it was to run a business from an industrial unit) and he assured me that this would be more than enough data, but if not I could always up my contract. This contract was 30 days rolling and could be cancelled at anytime.

Several months later I decided to cancel my contract as, to be honest, the signal strength from this provider was crap.

Suddenly a £60 bill arrives on my doorstep.
When I query this bill I am told that in the final month I exceeded my data usage by about 200mb.
However, according to this I only had 1GB allowance (rather than the 2GB I was sold).

I got back to them and politely explained that I had not exceeded my allowance as I had 2GB allowance, and linked them to their 2GB package online.

They replied: "Unfortunately name of company will not be able to compensate you for the charges you incurred. I am sorry that you were missold.

I replied that this was not good enough, referred them to the Consumer Rights Act and stated that firstly I should not have incurred the charges, as I had not exceeded the allowance I was sold and secondly that even if I HAD exceeded my allowance, it was grossly unfair for them to charge 720% more than my initial contract cost, for a 20% overage.

They replied that they can "only imagine how frustrating this experience must be" and "not the way we want our valued customers to feel" and told me to visit the store I purchased from.

Except I can't, as I now live 200 miles away.
I told them this and they have simply stated that I owe them the £60 and they are "sorry for any inconvenience"

AIBU to think that I should NOT pay this charge?

This has been going on for 4 months now.
We don't really have £60 to give away at the moment.

To make matters more infuriating, I've recently checked my credit score and this comes up as an unpaid bill and has HUGELY affected my rating.

Sorry for the essay

[PigletWasPoohsFriend]

Unpaid bill black mark will wipe after 12 minths

Not unless they remove it it won't. They stay on for 6 years.

[LyingWitchInTheWardrobe2726]

For your black mark, I meant OP, I read your update. Otello can force them update your credit file.

[LyingWitchInTheWardrobe2726]

I had trouble with O2 as well. I took my complaint to Otello (ombudsman) and won. I got my money back, contract ended and a goodwill payment. Well worth doing.

[AyeAmarok]

Another saying get them to wipe the black mark immediately.

Do not accept that, it's a big deal!

[WhateverWillBe]

Unpaid bill black mark will wipe after 12 minths

There's no reason for them to wait 12 months to remove it from Credit Reference Agencies.

Think they're chatting shit to you.

[ThePinkOcelot]

I wouldn't stand for 12 months crap! Dispute that too!!

[RealityCheque]

Unpaid bill black mark will wipe after 12 minths

Fuck that! There wasn't an 'unpaid bill', there was a disputed bill. Tell the fuckers to sort that out immediately.

[HeyNannyNanny]

Update: Twitter worked!
Whilst email customer services remained stubborn and rude, the twitter people responded literally twice as fast and have cleared the balance as a "gesture of goodwill".
They still aren't admitting liability but I'll take what I can get. Unpaid bill black mark will wipe after 12 minths .

Thanks for the Twitter tip!

[HeyNannyNanny]

LivingOnTheDancefloor I paid £7.50 a month and on their website the 2GB package is £7.50
It's only data, no texts etc so it can't be confused

[HerFaceIsaMapOfTheWorld]

Let me guess Tmboile/EE?

They also miss sold me a contract on data and refuse to cancel

[LivingOnTheDancefloor]

Did you pay the price for the 1GB or 2GB contract every month? You should be able to check the prices on the website.

[HeyNannyNanny]

So I posted on twitter and got a response just now (within 3 hours and before they responded to my email from 10 hours ago. So far so good) asking for more information. I was limited by characters but said they'd messed up the contract and I was being charged unfairly and added my case ID.
Hopefully it will get resolved!

(Thanks for the Twitter tip!)

[LurkingHusband]

+1 for GiffGaff (my network of choice).

Be aware their USP is that they are a user-led network, so there is no direct official support - things are done via the userbase on forums. If you like doing your business on the phone (or face to face) then they are not for you.

[Idratherbeaunicorn]

I'd fight it OP - as per the PPs, you've paid for a service that hasn't been provided. The mix up with the data allowance is their error, NOT yours. They've even admitted in an email that you were mis-sold - I would either threaten to refer it to the Financial Ombudsman (FOS) or just give FOS a call and see where you stand.

[Plexie]

Re asking for a copy of the contract. There was a story a few years ago about a couple of who avoided paying companies (can't remember what kind, might have been loans or hire purchase) because they refused to pay unless the company could provide evidence of the signed contract. Many of the companies couldn't and the couple got away with not paying tens of thousands of pounds (might even have been over £100k). They got burnt in the end though, as one case went to court and the judge ruled against them. Can't find anything on Google - does anyone else remember this?

[HeyNannyNanny]

Mrsemcgregor

Unfortunately I don't have access to that information as they entered my name and email into their database incorrectly meaning I had no statements nor any access to an online account.

I replied to their latest email this morning, if their reply is not satisfactory I will request a copy of all my statements and the contract with my signature - as they have not provided this before, I suspect that it has been "lost" as it would be the fastest way for them to shut down my 1GB/2GB argument.

[HeyNannyNanny]

DP is with GiffGaff. Once my mobile contract with EE has expired (another year...) then I'll move straight on to them.

(this contract was in additional to my mobile phone)

[Mrsemcgregor]

In the past have you ever gone over 1gb and not been charged? Because if you have then clearly you can point out that you must have a 2gb plan. Especially as what you are paying is the price of the 2gb plan not the 1gb plan. Keep on at it!

[One2another]

Use giffgaff, you'll never end up in this scenario ever again....

[unlucky83]

Similar problem with Virgin and a rolling monthly contract and DCs phone. She went over the limit - once you do they charge outrageous rates. I paid a £40+ bill on top of her monthly contract charge and increased the limit but apparently it took over a month to take effect. She and I didn't know.
First thing I knew midway through the next month her phone was barred. It was capped at £50 and her bill was over that so even though she had calls and texts in her allowance she couldn't use them - which for me is the main reason she has a phone - to get in touch if she has a problem.
Then there were all kinds of problems getting it reconnected (they couldn't take my payment! Was told to increase the cap to unbar it..) etc etc.
I said to cancel the contract they told me they couldn't for a month and I would be charged the increased monthly rate for the next month.
After much grief and hassle (and I had had a nightmare with them over a couple of other things as well) they wrote the total amount I owed off - but mainly because they had been so useless.
I would not have a rolling monthly contract again - I moved her to Giffgaff where she has a goodybag with an allowance and that is it. No unexpected bills. I'm much happier (and wealthier).

[HermioneJeanGranger]

That's okay - I think it can be reversed if they're proved wrong, but like a PP said, it can take a couple of months so be wary of that if you're looking to get a mortgage or any credit any time soon.

I've never had a problem with contracts or overusing data before, and I've been with a variety of companies. However I think the onus is on them to prove you've gone over your contracted amounts, rather than expecting you to prove otherwise?

[eurochick]

Ask them for a copy of the contract you signed.