Phone Stolen + Data Costs Run up; Rights?

Iggemo on 01/06/2016 - 09:06
Last edited 01/06/2016 - 10:59 by 1 other user

G'day all,

I recently lost my phone and I know I'm an idiot but I didn't bar the data usage immediately. I actually expected it to be handed in to lost property cos, you know, I stupidly thought people are honest.

Anywho, some scumbag took my phone and kept it and then ran up the data costs extravagantly in a 1-2 day period. This is incredibly out of pattern for my net usage since I hardly ever use any. So my question is do I have any rights or hopes to argue that I shouldn't have to pay for that data usage since it was actually criminal usage on my phone which was stolen, or will I just have to suck it up and pay?

To make matters worse, my provider was still Live Connected (yes, I know I should have swapped out ages ago).
Does anyone have any experience of this or knowledge about what's appropriate in these cases?

Cheers !

Mobile

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Comments

  • grimace3 on 01/06/2016 - 09:48

    Did you report your sim card as lost to your provider? If you didn't then you are liable for the excess costs as you didn't report it in a timely manner.

    • Iggemo on 01/06/2016 - 10:03

      I didnt, no. Yes, i know it's on me for not taking action sooner so.. i guess i'll just have to wear the costs. Sigh. Anyway, thanks for answering.

  • the-mal on 01/06/2016 - 10:14

    I'm assuming your phone is still stolen (as in you haven't got it back)? If so, have you informed your service provider yet?

    If there is supporting evidence to show your phone was/is actually stolen - as in you now want to cancel the sim, block the imei etc, then your service provider will probably come to the party and waive the out of character fees.

    If, however, you've somehow "found" your phone and have then continued to use it as normal since then you'll most likely have to wear the fees because the story will sound pretty far fetched (someone stole my phone, ran up data, I didn't report it, now I have it back but don't want to pay for those few days…).

    • Iggemo on 01/06/2016 - 10:18

      That's what i was hoping. No, you can definitely see out of character usage. In a year or more ive never gone near my cap (i dont use my phone much) and then on this one day the bastard just ran up 1.5+ gig of usage (my cap is 1 gig) - in one day ! So yeah it's totally out of character and i ddi email the provider and say that, im not expecting them to come to the party as you say but i have my fingers crossed, we'll see how we go.

      • the-mal on 01/06/2016 - 10:22

        Is your phone still stolen? Have you now barred the sim? Tried to block the IMEI? Filed a police report?

        You need to make sure actions your side are representative of someone who has had their phone stolen.

        • Iggemo on 01/06/2016 - 10:24

          I've barred everything, i dont know how to block an IMEI sorry, didn't file a police report (it is a trashy phone not worth $20)

        • the-mal on 01/06/2016 - 10:28
          +1

          @Iggemo: I'd say your provider will probably give you a "good faith" discretionary credit for the charges then. That's how this is usually sorted. It is discretionary though, they don't have to waive the charges. The major telcos would definitely waive them in this circumstance.

        • Iggemo on 01/06/2016 - 10:30

          @the-mal: Yeah true. You know, i just checked my acocunt online and something weird.

          I barred all the services yesterday but i logged in now and data had been re-enabled and a small portion of data used.. what the ?? Not sure how that could happen. Also, i asked them for the IMEI (the police form says to ask the provider) so i will file a report as evidence if that helps. Thanks for your advice, much appreciated !

        • pernunz on 01/06/2016 - 12:57
          +1

          @Iggemo: It's still worth filing a police report. Having the report number can be useful for insurance purposes (should the phone company not provide a rebate for excess data usage) and could be useful in building up a picture if the offender is a serial thief.

        • Iggemo on 01/06/2016 - 19:00

          @pernunz: thanks, yeah, the police report says to get the IMEI from the provider, and my provider emailed me for the IMEI nbr so they can block it.. so.. i'll have to fish around my old boxes and see if i still have it and the IMEI somewhere and if i do, i will file the police report.. i agree it's worth doing in case it helps someone else in future

        • [Deactivated] on 02/06/2016 - 12:04
          +1

          @the-mal:
          Good luck getting any good faith from live corrupted.

  • Davo1111 on 01/06/2016 - 12:53

    Rights? None - not until you've reported the phone stolen at least.

    Best case, live connect offers you a discount. They're under no obligation to do so though

  • eXo on 02/06/2016 - 10:37

    have you tried the tracker for your phone? at least you'll be able to narrow it down and find the bastids!

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