A provider’s “spend cap” product and the statutory mobile bill-limit rules can overlap, but the important question is what limit was agreed, what it covered and whether the provider charged beyond it without the required agreement.
Who can request a bill limit
Since 1 October 2018, mobile providers must give new customers, and existing customers entering a new contract or extending one: the option to set a bill limit. For qualifying contracts, the customer can request a limit at any time, subject to a reasonable activation notice period.
What the limit normally covers
The statutory limit covers mobile services supplied by the provider: calls, texts and data. It does not necessarily cover every other fee on a bill, such as paper-billing charges or late-payment fees, and third-party/premium-rate charging can have special treatment.
Key points
- Monthly allowance is not the same as the bill limit.
- Provider access charges to premium services must be treated as the rules require.
- Roaming can be covered where roaming is part of the mobile service/contract.
- Check the contract wording for provider-specific spend-cap features beyond the statutory minimum.
Warnings and charges beyond the limit
The provider should warn you as you approach the limit and again when it is reached, according to the contract. Once the limit is reached, it cannot simply charge above it for covered mobile services unless you have agreed to go over the limit. Ofcom says that agreement should be confirmed in writing before extra charges are billed.
Dispute method
Get the bill limit level and effective date, usage events, warning messages, the timestamp the limit was reached, and any record of agreement to exceed it. Then reconcile the disputed charges event by event.
The right applies to new, renewed and extended contracts from 1 October 2018
Ofcom requires mobile providers to offer a bill limit to new customers and to existing customers who renew, extend or enter a new contract from that date. If a limit was agreed before the contract started, it should operate from the start. A later request should be implemented within the notice period set out by the provider, which Ofcom says should not normally exceed one billing period.
Know what the limit covers
The mandatory protection covers the mobile services the provider supplies: calls, texts and data. It does not necessarily cap every other line on the bill, such as paper-bill or late-payment fees, and third-party premium services can be treated differently. For premium-rate services, the provider's own access charge must be within the limit even where the full third-party service charge is not.
The provider should warn you as you approach and reach the limit
Your contract should explain when and how warnings are issued. Preserve those messages. If the provider allows further mobile usage after the cap is reached, Ofcom says it cannot charge above the limit unless you have agreed to go over it.
Agreement to exceed the limit should be documented
If you agree to exceed the cap for a particular billing period, the provider must confirm that agreement in writing before charging the additional amount. A temporary agreement should not silently remove the bill limit for future periods. In a dispute, ask for the confirmation and the event history showing when the limit was changed, exceeded or restored.
Build a bill-limit dispute around the exact overage
Mark the point at which the bill reached the agreed cap, list later mobile-service charges, and separate anything the rules do not require the cap to cover. Then ask the provider to show the warning, any agreement to exceed the cap and how its billing platform treated the limit. This is much stronger than simply saying the total bill was “too high”.
Evidence worth keeping
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Related telecom guidance
Official sources
Check the rules behind this guide
These are official or primary sources for this topic. Rules, scheme terms and deadlines can change, so check the live source before relying on a formal time limit or procedure.