Something I cannot understand.
Giffgaff receive a percentage of the money from each and every successful scam.
O2 are part owners of payforit which facilitates the scam.
In the non digital world, someone seen to benefit from the proceeds of crime (fraud in this case), would also be deemed to have committed a criminal act.
So why just because it is digital, by facilitating the crime and benefiting from the proceeds of crime are giffgaff not seen to be guilty of criminal activity.
If the onus were on the networks to reimburse customers scammed in the way they would find a way to stop the practice very quickly.
You're absolutely correct. It is legally negligent and morally reprehensible that GiffGaff continue to facilitate these scams.
Unfortunately the laws around these services have never really been tested, and mounting a legal challenge is prohibitively expensive.
However, all is not lost. If you follow the correct procedures it is possible to recover the stolen money and make life difficult for the scammers. In addition, the work involved in handling these complaints may give the networks reason to reconsider their stance.
Your first step should be to seek a refund from the company which has scammed you. Don't let the scammers win. Insist on a FULL refund. If the scammers refuse to refund or fail to respond to emails and phone calls, you are entitled to refer the matter back to GiffGaff. If GiffGaff fail to deal with the matter within a reasonable timeframe, you have cause for a formal complaint or for starting the Small Claims procedure citing their negligence.
However, in the case of mGage, you are dealing with a UK registered company. You have a stronger claim aginst them than you have against GiffGaff and they are subject to UK law.
mGage Europe Limited (trading as mGage)
The Tower Building
11 York Road
Tel: +44 (0) 20 7633 5000
There is no dispute that they have your money. They claim you consented to them taking it. It will be for them to provide irrefutable proof that you consented. They will not be able to do this.
Where you are dealing with an overseas company, pursuing your network may be a better approach. Once again, the Small Claims procedure is probably better than the formal complaints method. Make it clear that you are claiming because you consider the network to be negligent in allowing the money to be taken.
There is no minimum amount that can be claimed in the small claims court. The court fee for starting a claim is £25 for a claim of up to £300, and you can add this fee to the amount claimed. Don't start a claim before you have sent a letter before action giving them at least two weeks to provide a refund.
However you choose to tackle the matter, it IS important to follow the prescribed procedures. Don't allow your anger to lead you to make mistakes. Otherwise the companies concerned can escape on technicalities.
I hope you manage to sort this matter out and obtain a refund.
I have the text receipt to say service was cancelled. The charge to my account followed shortly afterwards.
Customer service for Nexgen (mGage) is non-existent - offers to transfer you outside of EU and then all you get is an automated answer phone service requesting additional personal info.
Did your text send to 64055? Did you get a reply saying you were unsubscribed?
GiffGaff are sometimes slow in applying these charges to your account. It is possible that the charge was generated before you sent the STOP text.
Your best bet is to ring mGage on 0207 633 5073 to sort this out. Let us know what they say.
Nexgen is a 'Payforit' scam operated by a company called mGage and using shortcode 64055.
These companies use vulnerabilities of the 'Payforit' system to obtain consumers numbers and sign them up to bogus subscriptions. Simply closing an innocent looking popup can pass your number to these scammers.
GiffGaff appear to have a policy of not helping members affected by these scams, so you will have to take action yourself to stop the charges and obtain a refund.
Sending a STOP ALL text to 64055 should stop further charges. You can then call them on 0207 633 5073 to insist on a FULL refund.
'Payforit' subscriptions are not strictly premium texts, although they are shown as such on your GiffGaff usage statement. 'Payforit' charges are applied directly to your account by a 'third party' which has acquired your phone number. GiffGaff make no check that you have consented to these charges, and refuse to allow you to bar them.
You need to be aware that GiffGaff leak your phone number to third parties when you access the internet using mobile data, and this is probably how your number was acquired in order to make these charges. The system which does this is called 'Payforit'.
Comprehensive and independent information and advice on dealing with these scams is on the payforitsucks website. This website won't blame you for being scammed and provides constructive advice about forcing the scammers to refund. Specialist and legal support is also available through the site if you encounter difficulties. Google "payforitsucks" or follow the link to the faq in my signature. The website contains detailed advice on the steps you need to take to stop further charges, obtain a refund and protect yourself from these scams in the future.
I hope you manage to resolve this matter. These scams are a disgrace to the mobile communications industry and GiffGaff should be doing more to assist affected members and to protect members from these scams.