![Colin Freshwater reported his phone stolen but was still charged $5000 in overseas roaming. Colin Freshwater reported his phone stolen but was still charged $5000 in overseas roaming.](/images/transform/v1/crop/frm/silverstone-feed-data/9be7c8de-c14e-4fdb-9c48-b9c205f3d9ba.jpg/r0_0_729_409_w1200_h678_fmax.jpg)
Australian oil and gas worker Colin Freshwater has spent the last two years battling his former telecommunications provider to recover more than $5000 in roaming charges despite having the regulators on his side.
After his mobile phone was stolen in August 2012 from his hotel room on a work trip to Cape Town, South Africa, he immediately contacted his Australian provider, Planet ISP, to request his number be blocked.
In December Planet ISP tried to charge more than $5000 to Mr Freshwater's credit card, to no avail given it too had been stolen and cancelled.
Unable to get the money from him, the telco contacted his ex-wife, convincing her to give the company her credit card details to make the payment.
More than two years later, Mr Freshwater, 53, is still dealing with the matter and remains determined to recover the money.
"Whenever you called Planet ISP all you ever got was an answering machine," Mr Freshwater said.
"[It said] 'We want you as a customer, we'll call you back in 20 minutes'. But this never happened."
Eventually Mr Freshwater said a man named Peter Boyle, the founder and chief executive of Planet ISP, got in contact, promising to refund the bill.
But he never followed through, forcing Mr Freshwater to go the Telecommunications Industry Ombudsman, which helps resolve phone and internet complaints.
In May this year, the TIO directed Planet ISP to refund $5115.26. Planet ISP was required to comply with the determination by June 12, but payment was never received.
The TIO subsequently referred the matter to communications regulator the Australian Communications and Media Authority, which issued what is known as a "remedial direction" to Planet ISP last week for failure to comply .
"The direction signals to both Planet ISP, and the industry more widely, that a TIO determination is a key component of the current regulatory arrangements and is not to be disregarded," ACMA chairman Chris Chapman said.
"All members of the TIO scheme have an obligation to comply with its requirements, as well as the responsibilities set out in legislation that governs the industry."
But Mr Freshwater is still unsure whether he's ever going to see the money.
"What I've been a bit surprised about is the actual lack of powers that these government departments have," Mr Freshwater said.
"[Mr Boyle] is just sticking his finger up at the Ombudsman and the ACMA and he's just taking them for a ride and he just gets away with it."
Responding to a request to comment from Fairfax Media, Planet ISP's Mr Boyle said the issues associated with Mr Freshwater's services "occurred a number of years ago and prior to the current shareholders acquiring and managing the company".
"It was something which we inherited from the previous owners without any disclose [sic] from them about this or certain other matters which have come to light since that time," he said.
"We have had to deal with all these matters as well, which we have. Simply, we shall continue to deal with this unfortunate situation with the TIO, ACMA and the client until a satisfactory resolution is found for all parties."
But the ACMA said on Tuesday that Mr Boyle was appointed as a director of Planet ISP on March 30, 2012.
It added that Planet ISP had yet to comply with its direction and that it was considering its next steps.
Mr Freshwater, meanwhile, remains in high spirits.
"I won't give up on him, I'll just keep going," he said.