Determinations

TDR Case Note T012937 (2013)

Background

The Provider was pursuing the Customer for the amount owing on invoices which includes money it claims is owing for phone calls made from the Customer’s mobile phone and landline, along with data usage. The Customer claimed that he had not made some of the phone calls and had not used all of the data that he is being charged for. He thought that his mobile phone might have been “cloned”.

The Customer obtained his SIM card in March 2012 and first disputed the charges in September 2012, relating to his August 2012 invoice. He was not satisfied by the Provider’s responses. He changed Providers in May 2013.

The complaint was referred to TDR in May 2013.

Adjudicator’s decision

After considering the complaint the Adjudicator held as follows:

  1. The Customer was liable to pay the amounts owing to the Provider. The terms and conditions provide that the Customer is liable for all charges whether made by the Customer or someone else. It was noted that the amounts due had been calculated by the Provider’s automated billing system on the basis that calls and data had been used on the Customer’s phones.
  2. The Adjudicator also discussed the law relating to the mitigation and stated that if the Customer was so convinced the Provider was incorrectly billing, he should have minimised his losses by addressing the matter at an earlier date.