Your reference: CM121439-24

Date: 18 Nov 2024

Your complaint about O2

Thank you for bringing your dispute to the Communications Ombudsman, in which you have
raised concerns with the service received from O2.

You have told us that a new contract was opened without your consent following a sales call
made to your husband on the 31 May 2024 and I understand the upset and frustration this has
caused.

From my investigations I believe you received a letter dated the 19 June 2024 to confirm your
account was used fraudulently following continuous contact and complaints raised by yourself
on the matter.

I understand that following the call received by your husband he requested to close the current
SIM only account you held as this was not in use and this was confirmed.

Whilst I can see you received confirmation on the 6 July 2024 the fraud ticket had been closed,
you and your husband have continued to receive emails and messages requesting payment
with escalation to a debt collection company.

I can see as per the screenshots provided in evidence that O2 had not cleared down charges
related to the airtime tariff in your name, with bills still being produced on the account with no
usage, and I acknowledge this as a shortfall in their service.

Whilst O2 have confirmed this has been raised with the fraud team further to put things right this
has taken longer than I would expect, and I understand the stress as you have been receiving
contact escalating the balance to a debt agency with damage to your credit file.

Information from O2 also suggests your credit file amendment had not been completed and they
have acknowledged that they have sent numerous letters to the property chasing the arrears.
They have confirmed they have escalated the matter back to the fraud team as a priority.

Whilst I am unable to set any remedy in relation to the fraud investigation as this is outside of
our remit, I do acknowledge significant shortfalls with the handling of this matter as you have
provided evidence to show you and your husband are still receiving contact from the debt
collection agency.

I would recommend you raise the fraud aspect to the Financial Ombudsman if you do not

Communications Ombudsman
Registered office: 3300 Daresbury Park, PO Box: 730, Daresbury, Warrington, WA4 4HS. Registered in England and Wales.
Company registration number: 14462430 VAT registration number: 427471000
recieve any response from O2 fraud team.

I do acknowledge the excessive contact you have made and the time taken for O2 to put things
right.

I recognise the trouble and impact caused from their incorrect actions and poor handling of the
matter throughout.

You received continuous emails and letters with lack of response and acknowledgement to the
distress and upset being caused.

They have reopened and closed fraud tickets without resolving this in full and failed to keep you
updated throughout. As such I am confident on this occasion you have received poor levels in
customer service.

You have encountered shortfalls in service and although we would expect all suppliers to
provide the best service possible, shortfalls in service do occur. We are unable to request
suppliers change their systems or the way they handle customer service issues for individual
instances of poor customer service. However, we would expect the suppliers to learn and
improve with each complaint it receives.

Whilst O2 have proposed a goodwill gesture of £100, I have considered the time spent putting
things right, along with the significant trouble and distress caused from their actions and poor
handling of your complaint which I consider to be high.

In resolution to this aspect of your complaint, I will include a requirement that the company issue
a written apology and provide you with a direct goodwill gesture of £150

To clarify, our awards are only acknowledgements of the shortfall in service, and we require
suppliers to make the payments as goodwill gestures. The goodwill awards offered are in no
way a punishment or punitive action on a supplier, as this type of action is outside our remit.

Conclusion
In conclusion to your complaint I have acknowledged the poor handling of their fraud
investigations and handling of the matter.

I have recognised the trouble and impact caused from their actions and lack of communication.

I have acknowledged significant shortfalls in service and feel the increase to the goodwill
gesture is fair and reasonable.

You and O2 now have 14 days to review and accept the decision, which can be done by
selecting the accept button underneath this report. The supplier will then have 28 days to
complete the remedies listed below.

If you have any questions regarding the decision or need further assistance relating to the
grounds of complaint raised to our service, you can contact me using the message function or
call me on 0203 425 8685

Please note, I will not be able to resolve additional grounds of complaint that have arisen since
this decision has been made.

Communications Ombudsman
Registered office: 3300 Daresbury Park, PO Box: 730, Daresbury, Warrington, WA4 4HS. Registered in England and Wales.
Company registration number: 14462430 VAT registration number: 427471000
If the provider cannot carry out the remedy exactly as we have stated but can reach the same
outcome another way, we are happy to accept this without the need to lodge a decision
challenge. Similarly, if an action has already been completed or is no longer necessary because
of another action, the remedy can be marked as complete without the need for a challenge to
remove it.

You and the provider, also have the opportunity to challenge the decision, by selecting the
relevant button underneath this report and providing your grounds for the challenge.

If you or they choose to challenge the decision, you will need to show that a significant error has
been made in the facts which will make a material difference or share your new information and
give a reason as to why this was not available to us before.

Putting things right

Resolution 1:

Provide you with a direct goodwill gesture of £150

Resolution 2:

Issue an apology

What to do next
You need to tell us if you accept, decline or are appealing the decision by Mon 02 Dec.

To respond to the decision, you can either call me directly on 02034258685 or our service on
0330 440 1614 or send us a letter to Communications Ombudsman, 3300 Daresbury Park, PO
Box 966, Daresbury, Warrington, WA4 4HS.

Alternatively, if you have provided an email address, you can access the decision using your
online account. You can verify your email address using the link in the email sent to you when
you raised your complaint. When using your online account, please use the buttons on the
‘decision’ page to confirm your response. If you have any questions, please feel free to contact
me.

If you accept the decision, O2 must provide the resolution within 28 days of acceptance. If you
decline the decision, there will be no opportunity to appeal, and this will close your complaint
with Communications Ombudsman.

Both you and O2 have the opportunity to appeal. If you choose to appeal the decision, then
you’ll need to be able to:

Show that a significant error has been made in the facts, which make a material difference.

or

Share your new evidence and give a reason why it wasn’t available to us before.

Once I have your decisions, I will let you both know.

If we do not receive your response by Mon 02 Dec, you will lose the right to appeal and will then
have a further seven days to accept or decline the decision.

Hannah Williams

Communications Ombudsman
Registered office: 3300 Daresbury Park, PO Box: 730, Daresbury, Warrington, WA4 4HS. Registered in England and Wales.
Company registration number: 14462430 VAT registration number: 427471000
DRE One
02034258685
0330 440 1614

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Communications Ombudsman
Registered office: 3300 Daresbury Park, PO Box: 730, Daresbury, Warrington, WA4 4HS. Registered in England and Wales.
Company registration number: 14462430 VAT registration number: 427471000