Handset rental charges

From time to time the TIO receives complaints about handset rental charges where the complainant alleges they have never had, or previously returned, a rented handset. Complainants often come to the TIO seeking a reimbursement of rental charges, sometimes dating back for many years.

In the TIO's experience, it is often very difficult for a complainant to prove that they have never had, or no longer have, a rented handset. However, the TIO will investigate these types of complaints in most circumstances.

Where a complainant is able to provide clear evidence that they returned a rented handset, such as an order or receipt number, the TIO will expect a provider to provide full reimbursement of disputed charges. Where a complainant has no such evidence, the TIO will consider what constitutes a fair and reasonable outcome in each individual complaint having regard to the following sorts of factors:

• whether the handset rental charge is clearly itemised on the complainant's bill;
• how long the charge has been itemised;
• how long the complainant has been aware of the charge;
• whether the complainant delayed in raising their concerns about the charge with their provider and the reasons for any such delay;
• any action taken so far by the provider to attempt to resolve the complaint;
• any evidence that the complainant owns their own handset and for how long, e.g. a receipt for a purchased handset.

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