£1.50 SMS scam - T-Mobile's part

I sent this letter to my MP today:
"On 4 December 2009 I received my T-Mobile bill and I was shocked to see an extra £18.20 charged for "Services from other companies". The
mobile phone number 07XXX XXX XXX (used by my wife) had been charged for texts received at a rate of £1.50 per call. In the space of two minutes I had been charged a total of £4.50 for three texts received on 5 November 2009. I have attached the front page of T-Mobile's invoice and the page with the dates and times of these charges. My wife assured me that she had not agreed to pay these amounts.
When I phoned T-Mobile, despite all the evidence in front of my eyes, they denied billing me these amounts. They said "it was another company billing you". I said that if that was the case then credit these amounts from my T-Mobile bill and leave it up to the other company to bill me separately. T-Mobile refused to do this. I asked to be shown evidence of my wife agreeing to pay £1.50 per text received. T-Mobile told me I would have to contact the company concerned on 020 3026 2817.
I phoned this company and I asked for evidence that my wife had agreed to pay £1.50 per text. They told me that my wife had agreed. I asked them to send me a copy of what my wife agreed to and they refused to do so. They said that T-Mobile could provide me with the evidence. I asked for my money back. They refused to refund me the money.
I phoned T-Mobile again and asked for evidence that my wife had agreed to pay £1.50 per text message received. I was told that the evidence was the bill itself. I asked for my bill to be credited with these charges but T-Mobile refused.
I have seen many links on the internet about these scams and I am angry that my mobile phone operator is guilty of participating and profiting from this criminal activity. I reproduce a selection of the links below.
http://forums.moneysavingexpert.com/showthread.html?tG2962 http://www.the-scream.co.uk/forums/f46.html? http://www.the-scream.co.uk/forums/t29419.html
I have complained to Ofcom and PhonepayPlus but they seem to be as useful and effective as the regulation and supervision of banks has proven to be. For example, PhonepayPlus talked to the American company refusing to provide me with evidence of an agreement to pay £1.50 per text and the company said that my wife's mobile phone number was entered into a website but they couldn't say which website it was "because there's too many"! The PhonepayPlus employee thought this was a perfectly reasonable comment. I think anybody who thinks that is not fit to have any role in a regulatory body.
I have asked T-Mobile to block these services in future.
Please help me to obtain a refund of these charges plus any charges incurred on my next bill and do what is required to stop mobile phone operators profiting from the criminal activity of organised gangs taking advantage of this country appointing incompetent regulators. I am very unhappy that the government appears to be letting the criminals of the world know that people in the UK have a government that allows scams to be carried out on its citizens."
I have sent T-Mobile a similar letter but the text after the links has been replaced with the following:
"Please refund any charges billed to my account from these so called "services" and desist from taking part in any further criminal conspiracy with scammers. Failure to do so within 14 days will result in a county court summons being issued. You will be responsible for paying the cost of the summons as well as interest."
If anybody has any advice I would be most grateful.
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snipped to..
I sent this letter to my MP today:
Complaining about fraud to them.............you are wasting your time.
He or she will be far too busy doing their expenses,
1. Cleaning the moat - 1200 2. Building the Duck House - 5,300 3. BigMac (with double cheese) - 3.75 4. Toshiba 56" Plasma (for the Parents Home where I stay when in town, sometimes) - 2499.
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Vote with your feet.
|I sent this letter to my MP today: | | "On 4 December 2009 I received my T-Mobile bill and I was shocked to | see an extra 18.20 charged for "Services from other companies". The | mobile phone number 07XXX XXX XXX (used by my wife) had been charged | for texts received at a rate of 1.50 per call. In the space of two | minutes I had been charged a total of 4.50 for three texts received | on 5 November 2009. I have attached the front page of T-Mobile's | invoice and the page with the dates and times of these charges. My | wife assured me that she had not agreed to pay these amounts. | | When I phoned T-Mobile, despite all the evidence in front of my eyes, | they denied billing me these amounts. They said "it was another | company billing you". I said that if that was the case then credit | these amounts from my T-Mobile bill and leave it up to the other | company to bill me separately. T-Mobile refused to do this. I asked to | be shown evidence of my wife agreeing to pay 1.50 per text received. | T-Mobile told me I would have to contact the company concerned on 020 | 3026 2817. | | I phoned this company and I asked for evidence that my wife had agreed | to pay 1.50 per text. They told me that my wife had agreed. I asked | them to send me a copy of what my wife agreed to and they refused to | do so. They said that T-Mobile could provide me with the evidence. I | asked for my money back. They refused to refund me the money. | | I phoned T-Mobile again and asked for evidence that my wife had agreed | to pay 1.50 per text message received. I was told that the evidence | was the bill itself. I asked for my bill to be credited with these | charges but T-Mobile refused. | | I have seen many links on the internet about these scams and I am | angry that my mobile phone operator is guilty of participating and | profiting from this criminal activity. I reproduce a selection of the | links below. | | http://forums.moneysavingexpert.com/showthread.html?tG2962 | http://www.the-scream.co.uk/forums/f46.html? | http://www.the-scream.co.uk/forums/t29419.html | | I have complained to Ofcom and PhonepayPlus but they seem to be as | useful and effective as the regulation and supervision of banks has | proven to be. For example, PhonepayPlus talked to the American company | refusing to provide me with evidence of an agreement to pay 1.50 per | text and the company said that my wife's mobile phone number was | entered into a website but they couldn't say which website it was | "because there's too many"! The PhonepayPlus employee thought this was | a perfectly reasonable comment. I think anybody who thinks that is not | fit to have any role in a regulatory body. | | I have asked T-Mobile to block these services in future. | | Please help me to obtain a refund of these charges plus any charges | incurred on my next bill and do what is required to stop mobile phone | operators profiting from the criminal activity of organised gangs | taking advantage of this country appointing incompetent regulators. I | am very unhappy that the government appears to be letting the | criminals of the world know that people in the UK have a government | that allows scams to be carried out on its citizens." | | I have sent T-Mobile a similar letter but the text after the links has | been replaced with the following: | | "Please refund any charges billed to my account from these so called | "services" and desist from taking part in any further criminal | conspiracy with scammers. Failure to do so within 14 days will result | in a county court summons being issued. You will be responsible for | paying the cost of the summons as well as interest." | | If anybody has any advice I would be most grateful.
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On Sat, 5 Dec 2009 11:48:47 -0000, "Stickems."

I will be doing that but unfortunately I am under contract and if I go elsewhere I won't be able to take my mobile phone numbers. I will have to wind down all my contracts with T-Mobile.
"voting with my feet" won't get my money back.
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Peter Saxton wrote:

Presumably if you "wind down" the contracts (i.e. let them expire) you can the retain your phone numbers, and what you're saying is that until that happens, the phone numbers are locked into the contract.
Or are you saying that the phone numbers are locked into the provider and cannot under any circumstances be moved?
If moving them is possible, then surely if you sue, as you say you intend to, this will be in effect on the basis of their breach of contract. If you win, you should become entitled to terminate immediately *and* keep your numbers.
BTW, I think writing to your MP is a daft idea, unless you want to bring about a change in the law to make something illegal which ought to be but isn't yet. However, this case looks like it's about something which is already illegal and is therefore an ordinary matter for the courts.
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wrote:

and even that's living in cloud cuckofukinland
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On Sat, 05 Dec 2009 13:25:59 GMT, Ronald Raygun

Yes

No

I'm not certain of that. If they like unreasonable behaviour they may make it difficult.

Of course I want a change in the law. People shouldn't be able to offer these services on this basis without making it clearer what is going on. We need a real regulator not one in name only.
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How long do you have left of your contract?
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On Sat, 5 Dec 2009 14:52:28 -0000, "Up Yours!"

I have three contracts which have about a year each remaining. They are not coterminuous though but I can live with that.
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Peter Saxton wrote:

Are you also reconsidering any further consent to direct debit?
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wrote:

I asked them not to take the money by direct debit but they said there would be a charge for that. I wasn't happy with that considering they are taking money from me without reasonable cause.
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On Sun, 06 Dec 2009 09:53:21 +0000, Peter Saxton

I suppose that if they take the money by direct debit I can get it recalled using my bank and pay them the amount without the fraudulent charges. I can keep doing that and deal with the extra charge they might try to make.
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Yeah, there's your problem, right there.
Write to their Executive Office informing them you require the audit trail that shows you opted-in or subscribed to these services.
Tell them that if the said audit trail isn't received within ten working days you will report the matter to the Police as fraud and obtaining pecuniary advantage by deception. Plod will be obliged to give you a crime reference number. They are also obliged to investigate but these days.........
If an audit trail exists, they'll forward it onto you but I can guarantee they'll fold faster than a pack of cards.
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wrote:

Yeah, there's your problem, right there.
Write to their Executive Office informing them you require the audit trail that shows you opted-in or subscribed to these services.
Tell them that if the said audit trail isn't received within ten working days you will report the matter to the Police as fraud and obtaining pecuniary advantage by deception. Plod will be obliged to give you a crime reference number. They are also obliged to investigate but these days.........
If an audit trail exists, they'll forward it onto you but I can guarantee they'll fold faster than a pack of cards.

but first they will deny receiving your letter...
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Eric Shune wrote:

But not if you send it special delivery... (price £4.95 provided weight not over 100 g).
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On Sat, 05 Dec 2009 18:19:42 +0000, Aubrey Straw

Yes, special delivery still seems to be working.
It would appear that Royal Mail are so incompetent that they have given up asking for signatures for "recorded delivery". This appears like another example of fraud on the part of a large organisation.
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On Sat, 5 Dec 2009 08:24:42 -0800 (PST), Gary Baldi

I've written a letter to T-Mobile as well and I was hoping to contact the police but they are usually useless - people who answer the phone are not police and usually don't have any intelligence.
I understand that the City of London Police have a better understanding of economic crime so I will contact them.
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On Sat, 5 Dec 2009 08:24:42 -0800 (PST), Gary Baldi

I went to the police station and the policeman who I talked to and his sergeant said it was not a crime. I said I wanted to make a complaint against the police and he said he didn't know how I should do that (seriously). He did give me a telephone number of a police station!
I'm writing to the Independent Police Complaints Commission next!
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wrote:

I bet those 2 cops had a laugh when you left.
You are wasting your time. Try Googling text scams in particular T Mobile.
I remember when a kid (late 60's) finding a shilling, yes, 5p, and taking it to the local cop shop. They wrote out a report and after a month I got it back cos the owner did not report it lost. Bloody hysterical now when I think about it.
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On Sun, 6 Dec 2009 14:08:06 -0000, "Eric Shune"

I'm not too sure where you stand on this issue. Are you saying that it is ok to scam people with impunity or do you think it should be stopped?
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