Mobile phone companies have a bad reputation for complaint handling, from shockingly high bills, incorrect charges and billing errors to poor debt collection practices.
For example, Vodafone was fined £4.6million in 2016 for “serious and sustained breaches of consumer protection rules.”
Hopefully this fine will make Vodafone and the other mobile companies improve their complaints handling.
But if you have an issue with your mobile contract, what practical steps can you take now to resolve the problem? You don’t want to end up in the sort of complaints nightmare that the three customers in Vodafone billing chaos leaves mobile users disconnected and out of pocket reported.
First check your bill
If you get a phone bill that is higher then you expected, look at the details:
- are the calls incorrect – if you don’t think you made them, could someone else in your house have used your phone?
- do the charges for the calls sound wrong – are you being charged for calls or data you thought were included in your contract?
- if this a new contract, do you feel you were misled when it was sold to you?
- is the high total caused by extra services, premium rate numbers or roaming charges when you were abroad? If you have been on holiday in the EU, data and roaming charges should be capped.
If the bill seems correct but is more than you can afford, try to make an arrangement with the company to make monthly payments to this. Sometimes you can switch to a cheaper tariff which will cut your future bills.
What to do if the bill isn’t correct
I asked Helen Dewdney for her tips on what to do when you receive a mobile phone bill that is wrong. Helen is better known as The Complaining Cow – a consumer blogger, campaigner and author of How to Complain The Essential Consumer Guide to Getting Refunds, Redress and Results! Here is her advice:
Know your rights
You are entitled to services that are carried out with reasonable skill and care under the Consumer Rights Act 2015. If you receive a bill which is incorrect then it is in breach of this Act and therefore you are entitled to any refund and any out of pocket expenses. For example if the company has taken out a direct debit and you then go overdrawn the company must pay you the overdraft charges. The company must put you back into the same position that you were before the errors occurred.
Under the Consumer Protection from Unfair Trading (Amendment) Regulations 2014 the retailer must ensure that customers understand what goods and services are being provided and ensure that there are no hidden costs. So if your bill contains any surprises and does not comply with requirements, you may not have to pay.
If you agree a contract not on the company premises, e.g. over the phone, you have the 14 day cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in which you can cancel. This includes changing your existing contract to a new one.
Always check your bill and your bank to ensure that any Direct Debit has been correctly paid. If not, write to your bank because if it is not correct you will be covered under the Direct Debit Guarantee and the bank will reimburse you. Don’t cancel any direct debits. This will confuse the issue and may affect your credit rating.
If your mobile problem is related to a faulty phone, network coverage or a mis-sold mobile contract, there is further information here.
Put in a complaint in writing
Contact the company as soon as you find out. Do this in writing, for example by email. Should you need to take further action you will need the evidence trail. The law about recording calls is complicated so this is not recommended.
Another good reason to complain in writing rather than on the phone is that you can often spend over half an hour on hold waiting for a phone call to customer services or complaints to be answered. Then you have to get through an unhelpful menu system, then explain your case, only to be told you need to speak to someone else :(
When you write:
- make it clear what happened, exactly which charges are wrong and that this is a complaint;
- be polite and objective and state what you will do if you do not receive a satisfactory response;
- name the law which the company is in breach to show you know your stuff!
- if your credit record has been affected (see Check your credit score ) ask for this to be corrected too.
If you still don’t get any satisfaction from customer services you can contact the CEO.
If the company doesn’t sort the problem
If you are still not satisfied, ask for a deadlock letter. This means that the company has to respond saying that it will not discuss your complaint further. If the case has been going on longer than 8 weeks (and really there are very few reasons why you might allow it to do so!) you do not need to request this letter.
You can then take your case to the Ombudsman. This will be either CISAS or the Communication Ombudsman. Your phone provider will be a member of only one of these schemes and you need to check to see which one.
Ofcom, the regulatory body for phone providers, cannot investigate individual complaints. However, you can inform them of a problem. If a significant number of people do this regarding the issue then it will investigate and take action.
Do not be fobbed off! Assert your legal rights and get what is legally YOURS!
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bertie johnson says
Hello
This is not payday loan related ,but i have been told to submit a claim against EE.
I use to have a major gambling problem,and EE allowed me to continuously gamble using my phone bill. In effect loaning me money irresponsibly..i Manged to rack a phone bill of up to £4000 over a few months. i did get encouraged by someone involved in Law and this is not because of a claim company i am submitting this claim by myself.
If anyone else has ever been in the same scenario i suggest you look into this.
Sara (Debt Camel) says
Does this £4000 debt appear on your credit records?
Do you have other problem debts as well as this one?
bertie says
Yes it is on my credit file.
i ended up having to take out a loan from everyday loans just to try and reduce the balance,but because i still had a problem with gambling,that disappeared quick. i have a claim with everyday loans as well as they even had bank statements off me and questioned the gambling,but lent to me anyways.
Sara (Debt Camel) says
Well that sounds like a good claim against EL.
Good luck with your claim against EE.
David says
Hi Sara – I recently checked my credit report and was horrified! I had a poor rating with all 3 of the main companies. 331 Equifax, 704 Experian and 520 TransUnion. I had a default dated 1/11/14 at my parents address for arrow global. The start date was 2001, around the time I moved out. I realise this would drop from file this November but called them and paid it anyway to prevent possible CCJ’s etc. I have a credit card with a limit of £1400 and a balance of £1300 and didn’t realise that even though I was always under my limit it was taking points off for being high?!! Everything else I have has never been defaulted, everything is either completely up to date or settled. Is that 1 default I genuinely didn’t know about and the visa balance really done that damage?? The default drops in November and my credit card will drop to 50% by then… What should that do to my score? I’m really worried I need credit in the future and can’t get it… I assumed my rating was excellent.
Sara (Debt Camel) says
Well it obviously hasn’t bothered you so far… Your credit score should go up a lot in December.
David says
Thanks for your response… Up as in ‘fair’ or up as in ‘very good’? Possibly looking at another mortgage in the near future… is that a possibility? I thought it was a dead cert until seeing this 🙈
Sara (Debt Camel) says
Oh more than fair! See https://debtcamel.co.uk/credit-score-change/ for some indications as to how much various factors can affect your credit score.
David says
So as it stands it will never drop off… e.g doing nothing could mean it stays there forever?
Sara (Debt Camel) says
yes :(
David says
Thanks for your help Sara. I’ve also noticed on my report that I moved from Vodafone to 02 in 2016. Bizarrely it shows that not only is the Vodafone account still open but it’s being paid every month since?? Why would that be? As far as I can remember it was the end of the contract and no money was due.. do I contact them or just leave things alone? The start date was 2011, it was last updated 2 weeks ago and no default date… I’m confused.
Sara (Debt Camel) says
It sounds like an error. It’s hard to tell what to do in this situation.
David says
Sara, just for reference. I decided to take the hit and contact Vodafone. Ends up they were due me £103 when the account was closed and is still showing as there was a negative balance. They’re in the process of refunding it and closing the account 👍
Sara (Debt Camel) says
now that’s a result!
Wendy says
I recently discovered that my otherwise faultless payment record was ruined by a default notice. I had a dreadful broadband contract which totally failed to meet even unusable speeds. After many attempts to sort it, I went elsewhere. My existing provider wanted me to pay a severance fee which I refused. I said that I had much evidence of impossible service and that I could show this to a judge if I have to.
They haven’t taken me to court but they have stuck a default on my credit report. Can I offer to pay them (even if I still don’t agree its due) in return for them taking this off my record?
Sara (Debt Camel) says
I can’t say your offer to pay if they remove the default will definitely be rejected, but it is likely.
I suggest putting in a complaint that the default is unreasonable giving the unacceptable service you had. Read the article above and talk to the Consumer Helpline if you need help with this: https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/
Rob says
Hi Sara
I have an old debt from a phone provider of £390. The account was set up in April 2014 the default date was 05/02/2015. The provider can’t find any details of the debt when I’ve tried to pay it off!! Is it worth paying off now when it will fall off my credit file In 3 months? Thanks
Sara (Debt Camel) says
It sounds like you have done your best! I am not sure how you can pay it off if they can’t find the record.
It is possible that it has been, or will be at some point, sold to a debt collector. But it may not.
Rob says
So will it come off in February regardless?
Thanks
Rob
Sara (Debt Camel) says
yes.
the only danger is the mobile co or a debt collector finds the loan and, asks you to pay and you don’t and then takes you to court. Then there would be a CCJ on your record. But providing you don’t ignore letters, you should be ok.
Lynne says
Just to say my phone Provider has removed my one late payment from last September on my credit report. I told them the negative impact was making it harder to find a job. Just goes to show it’s worth asking!
Ciaran says
Hi Sara, I wonder if you could help me with a problem. I recently received an alert from clearscore that something was changing on my report so I checked it out. I’ve had a sky mobile contract since 2018 and not once had they reported any payment history until recently. They have now retrospectively recorded 3 missed payments for this year, in February, May and June. Upon checking my payments I noticed I had paid the February bill 4 days late, May 14 days late and June 4 days late. Upon phoning sky they told me there no missed payments on my account. I raised a dispute with equifax and sky have said the information is correct and they won’t remove it. In my opinion these aren’t missed payments, simply just late, in two cases by a couple of days. I also didn’t receive any NOSIA letters which I believe I should have done after the second missed payment. Grateful for any advice you can provide me, thanks.
Sara (Debt Camel) says
Did you make these payments late?
A NOSIA letter does not apply when you have only made a payment late.
Ciaran says
Hi Sara – they were 4 days late twice, and 14 days late on the other occasion. They have recorded these as missed rather than late , and i didnt receive a NOSIA letter at any time. I don’t believe their record keeping is accurate because my august bill was paid on time but from a statement i received they are claiming i’m still in arrears but my online account shows i’m up to date, in fact my account is in credit!
Sara (Debt Camel) says
So you were never 2 months in arrears – there was no need to send a NOSIA letter then.
Ciaran says
They are claiming I was in arrears in May and June.
Sara (Debt Camel) says
If you are right that you made the payments but late, then you were never 2 months in arrears. So you should forget about the NOSIA letter issue.
Why have you been making these payments late? Have you looked at setting up a direct debit so they are paid on time?
Ciaran says
I usually just paid my bills by card but have now set up a direct debit. Do I have any grounds for disputing the CRA records for missed payments?
Sara (Debt Camel) says
Were you aware you had paid the bills late? Were you sent texts or emails warning you had? If they never told you, and you were unaware until they started credit reporting, you could complain this is unfair and ask for the missed payment markers to be removed.
Chris says
Can anyone please give me advice on how to deal with Vodafone and overcharging? They hit me with a massive bill of over £2000 years ago (2014/2015), they made a slight amendment to the amount, however, this still is for over £1700! I am now in a position where they have stated they are unable to provide me with PROOF of the calls/data/texts that amount to this figure! I am now in the hands of the debt collectors / CCJ! Who can I contact to have help and also to take them to court for compensation?
Sara (Debt Camel) says
Do you have a CCJ or is this just being threatened?
Anna says
Hi guys, been checking my statments from last 15 years?! Don’t know why but just an impulse. Just realized vodafone charged me twice for a mobile contract for 5 months in 2007 . Does anybody know will I b able to claim my money back?
Sara (Debt Camel) says
Well you can ask them. Attach your bank statements as evidence. But it’s possible that they haven’t retained any information about this as it’s so long ago.
Ruth says
Hi Sara,
I don’t know if this is the right place to ask or if I even have a case, but when I was having a lot of problems gambling, I stupidly used charge my phone bill to fund gambling on a number of sites. Sometimes up to £50 at a time.
Thankfully my gambling is now under control (over 6 months free) but I have been struggling to pay back the bill that resulted from this (over £400) and now they have closed my phone contract adding an extra £800 on top.
Is there any way of claiming irresponsible lending from EE to fund my past gambling?
Thankyou
Sara (Debt Camel) says
Not so far as I know.
what are the rest of your finances like at the moment?
Jon says
Hi,
I’m not sure if this is the correct place to post? But I’ll add here anyway.
I have recently started dating someone who is having some issues with Virgin Media. She moved to a small village about 8 months ago and as she was with Virgin at her previous address, tried to get them to install at the new address (it’s rented btw).
Virgin explained that they did not operate in that area and agreed to cancel the contract – all good stuff so far.
However, what was not made clear at the time was that this was Broadband and TV being cancelled. To cancel the phone line she was meant to have spoken to someone in another team and (not knowing this) she moved without doing so.
A few months later, we’d only just started seeing each other, and she received a call to confirm her new address which she gave and then a week later a demand for the remainder of the contract and a threat of their debt collectors taking over the account. She called and was told that they couldn’t discuss the outstanding debt, was transferred to another team who told her it’s her own fault and she’d have to deal with the collections team when they contacted her.
I’ve not seen the latest letter, but it’s apparently with the collections team and she’s expected to pay £275(ish) and has no options – according to them. She tried to make an official complaint, they said it’s too late to make a complaint – her only option is to pay.
So she moved to a location where Virgin don’t offer service, called and cancelled broadband and TV but was unaware that the line needed a separate call and is now being forced to pay.
Has anyone experienced this before? What are her options? Surely moving to a location where Virgin is not operating is enough to nullify the debt? Why on Earth does it require more than a single call in 2022!? So annoying…
She’s stressing, she’s a (excluding me being around) single mum on Universal Credit to a kid with autism and shares custody of a second who lives half time with the dad…
I’ve suggested a debt charity like Step Change but she’s stubborn and is saying she needs to speak to someone with a brain at Virgin Media so I thought I’d post here for advice and maybe if anyone has any good contacts too? Maybe? They’d be hugely appreciated.
Thanks!
J
Sara (Debt Camel) says
The CEO of Virgin Media is Lutz Schüler, email lutz.schueler@virginmedia.co.uk. I suggest she (not you) sends him an email pretty much like your comment above, but with the extra important details – her address and the and account/phone number then, her address now. And the month she called to report she was moving (the exact day would be even better.)
To point out the obvious, it CANNOT be too late to make a complaint…
Jon says
Hi Sara,
That’s amazing, thank you! Since posting here, she called and told me she’s not slept well because of stressing about it and said she’s considering paying it on her credit card – which I’ve told her not to do – so I’ll pass on the CEO email address to her and get the ball rolling. I’ll update with any progress :)
Huge thanks!
J
Laura says
Hi Sara
Hope you can help me out if possible . I took an tesco mobile phone out in october last year . Part for the device and part for the contract . I could not afford the phone and have sold it now . I am still stuck with a £40 bill a month £25 for device and £15 for the bill . I am not sure how i passed a credit check with tesco . I had over £30000 in debt and lots of missed payments . If raised an affordbilty complaint . Who would i send it to the ombudsman or communication onbudsman .
Thanks
L
Sara (Debt Camel) says
the Financial Ombudsman.
But although this is annoying, it is a small amount. And it is very hard to win a complaint against a mobile company for a single contract.
I suggest your time may be better spent making affordability complaints against the other debts that got you into so much difficulty.
Laura says
Okay Sara
Thanks for your message . I will look at the other debts as well and put in a few affordability claims .
Thanks
L