bad boys adding to a phone bill

  jack 13:42 29 Sep 04
Locked

A lady friend showed me her NTL bill.
It showed among all the otherstuff a charge for
£30 odd for a 0906 call - yes whe had been zapped by a phanthom dialler.
She contacte NTL, and they just said 'Well nothing to do with us you have to pay'

Now I dispute.
there are three parties here involved.
1. The betwork owner who 'sold the 0900
facility' NTL who I believe own their own network and the ISP.
They own a responabilty of care to their customers againt the felonious acts of those whol put their hands into our wallets
by abusing the services they provide.
They ate in exactly the same position in my view as banks and credit card servie providers who indemnify their customers against acts of fraud.
by manipulation of the service they provide.

Any opinions please.

  Stuartli 14:32 29 Sep 04

I don't see how an ISP could be assumed to be involved - it merely provides a gateway to the internet. However, distributing scam or infected e-mails I do believe should count against ISPs, although it's not generally accepted by them.

I'm presuming she has an internet connection. If she has not taken the proper precautions against receiving such "dialers" then she could just as equally be held responsible.

She should contact click here and make a complaint and also, if NTL does the same as BT, have outgoing premium rate calls barred from her telephone.

The only occasion I have had such an occurance proved very puzzling (it was some years ago), until careful examination of the phone bill revealed the calls had been made at times we were absent, but had a workman in the house....:-)

When tackled with the evidence, he didn't argue, just paid up plus quite a bit more.

  t.long 14:36 29 Sep 04

A bank expects you to take resonable care of your information. If you do not they will not take any responsibility. Because of somthing your friend did - all be it unwittingly - 'she' made the call. NTL do not have a responsibility to check that every call a household makes is one they wanted to. The ISP also expect certain procautions to be taken by the end user. So I do not feel it is there responsibility.

However, what the company behind this scam did was wrong. I believe that if the company [behind the number] is resident in the UK you can complain to offcom, and should get the money back.

Unless legislation is brought in to put the onus on security in the hands of an ISP, and I do not see this happening, it remains a matter between your friend and the company behind the scam. As anoying as it is, it might be best to put this down to experiance. Get anti spyware programmes and a firewall.

  oresome 18:34 29 Sep 04

From what I read, the majority of these scams are operated from outside the UK and your chances of redress are next to none.

Telco's in the UK claim that they have reciprocal agreements with other telco's throughout the world to pass back income from premium rate numbers to the originating telco. They claim to have already passed the fee back by the time you receive your bill and have no alternative but to insist on payment from you.

Until the law catches up with these scams, protecting your own computer before it happens again would seem to be the best you can do.

  bremner 19:09 29 Sep 04

The responsibility surely lies with the customer to ensure their computer is protected against dialers.

That is like saying that the council should be liable if a tenant leaves open their front door and is burgled, simply because they provide the house!

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