Cancelling O2 contract due to 07744/07755 price change - Help

Raja_3 · 27 June 2006 at 3:59PM

I need help in where I stand:

I just upgraded my handset at the beginning of June.

I rang O2 to cancel the contract as the 07744/07755 numbers are no longer inclusive in my allowance. They first refused as they classified the numbers as 'Additional Service'. I rightly argued that this is not the case as they were already part of my inclusice minutes.

Now they are saying they will only cancel the contract IF I return the handset to which I upgraded to at the beginning of June. They say that the handset forms part of the contract and that if anyone wants to cancel the contract under section 8.4(c), they must return the handset. IS THIS TRUE? Where does it state that in the contract?

If anyone has successfully broken their agreement while RETAINING their handset, what wordings did you use to break the contract? Who is the best person to escalate this matter to? (Perter Erskine's office?)

Help needed urgently.

Thanks

espresso · 27 June 2006 at 4:12PM

You seem to want your cake and to eat it too!

Why did you upgrade your handset if you wanted to cancel? Surely you must have realised that an upgrade commits you to at least another 12 months contract? (longer with some operators)

:eek:

Browntoa · 27 June 2006 at 4:14PM

the "Free" phone is subject to the completion of the contract

matrix999 · 27 June 2006 at 4:17PM

The advisor who you spoke to at O2 is correct in saying that if you want to cancel your contract you will have to return the phone as it is part of your contract. The phone belongs to O2 until you pay the charges for the 12/18 month term. There not going to allow you to keep a £200-£300 phone just because you want to cancel your contract on the above basis.

Raja_3 · 27 June 2006 at 4:22PM

In other threads, people have said they have cancelled their contracts due to the price increase. Have o2 demanded their handsets back?

Thanks

gtz101 · 27 June 2006 at 4:39PM

If you cancel your contract, usually there is a cancellation fee and you then keep the phone.

If you purchase it within the coooling off period, I think you need to return the phone.

What do you want to use the 07744 number for?

International calls?

There are plenty of 0870 numbers that you can use for international calls all of which come out of your inclusive minutes.

cdon · 27 June 2006 at 6:50PM

Raja

The following should not be construed as legal advice.

I believe under the O2 offline contract there is no legal requirement to return the handset for cancellations under clause 8.5. Cancellations for 07744 etc numbers can be made under clause 8.5 if it is to your significant disadvantage. You have to give them 30 days notice. They will try and argue it is not to your disadvantage.

I believe the clause is contrary to the Unfair Contracts Terms Act and certainly contravenes the Contra Proferentum Rule. This is because the clause gives O2 the right to determine if it is to your disadvantage and the contract does not define "significant".

O2 breached the terms of the contract by taking a call that was previously part of the inclusive calls to one that falls outside and as a result you are perfectly entitled to invoke your contractual rights to terminate.

The issue of the handset does not come into the equation. HOWEVER, as you took out the contract in June you may have been given notice of the change and therefore fall under the new terms - it all depends on what you were told when you upgraded.

I would suggest that you ask O2 to state the specific contractual term and legal basis for demanding the handset back. They will not be able to do so because there isn't one for clause 8.5 cancellations (certainly not in the offline monthly contract).

I think you will need to argue this one out but in my view they are not entitled to the handset as they changed the terms to your significant disadvantage and you gave notice as a result. Hope this helps.

Raja_3 · 27 June 2006 at 8:38PM

Thanks for the advice cdon.

I was not advised of the call charge change until after I had upgraded. My arguement with o2 is that IF someone had upgraded their handset in May (as an example), would they have to return the handset if they were terminating the agreement under section 8.4(c)?

My arguement is that the upgrade and change in terms are two separate issues.

matrix999 · 27 June 2006 at 9:31PM

We may change this Agreement and the Charges at any time. If we increase the Charges for the elements of the Service you are using or change this Agreement to your significant disadvantage (in our reasonable opinion) we will give you 30 days' notice in writing before the changes take place.

Note the following "In our reasonable opinion" we will give you 30 days notice in writing before the change takes place.

O2 have published that calls to these numbers will not be part of your inclusive minutes by information on the O2 website.

Anyway, whats the big deal about cancelling your contract just use another 0844 if its for international calls - Simple!

Raja_3 · 28 June 2006 at 6:59AM

My issue is that I used the service to call India/Pakistan quite often, most of the 0870/0845 now restrict calls between 8-6pm Mon-Fri only. With 07744 companies, it was Mon-Fri 24hrs. I am very much restricted in when I can call abroad compared to before.

gtz101 · 28 June 2006 at 7:59AM

Raja wrote:

My issue is that I used the service to call India/Pakistan quite often, most of the 0870/0845 now restrict calls between 8-6pm Mon-Fri only. With 07744 companies, it was Mon-Fri 24hrs. I am very much restricted in when I can call abroad compared to before.

I gathered it was to be used to call india/pakistan. Even then with 07744, it was still mon-fri 8-6pm for most users and only some offered 24/5 but i think there are some that offer 24/5 via 0870 number to india/pakistan.

Cancelling O2 contract due to 07744/07755 price change - Help

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