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phones2udirect.co.uk - cashback clause - contract help required !

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mking007
mking007 Posts: 274 Forumite
Part of the Furniture 100 Posts Combo Breaker
I purchase a Motorola L6 7 months ago on an o2 12months contract; and I changed my contract number to my pay as you go number, same network (o2) about a 2 weeks later. (Bear in mind that you actually give the option at time of purchase the option to provide a PAC code)

I have just received today in the letter that I have to pay £223 for a clawback charge, because I disconnected from your network ???? I’VE BEEN PAYING O2 FOR THE LAST 7 MONTHS £30 A MONTH !!!

I’ve been paying o2 for the last 6 months £30, and now you’re looking £223 for a mobile phone which is worth at most £100 at the time and now there only £80 on pay as you go. If I have been disconnected then how I’m I still paying o2 at £30 a month!

The £223 must be refunded straight away, and send out my cashback for the 6months, and I want to finish the 12 months contract as set out.

If this does not happen, I will take this to the small claims court & bbc watchdog.

The letter took over 6 MONTHS TO TELL ME that I “so called” disconnected inside 2weeks, but I just changed to my pay as u go o2 number.

In this time I’ve paid o2 £210 for the contract which I thought I was getting refunded

The letter was only sent out now because I sent of my first bill statement for the first 6 months cashback cheque for the contract.

Sent 3 emails regarding my first cashback (6months) got one reply saying someone would email me back, no one never did

Your T&Cs were it says about “If you transfer a number from a network onto a phone we have supplied on that same network, or if you PORT or migrate any number after connection onto a phone we have supplied on either O2 or Vodafone, this will be deemed as a disconnection and subject to the same penalties – what difference does it make ?? o2 where more than happy to change it for me, and I’m still on the same contract and paying £30 a month regardless.

This clause should have been clearly listed and highlighted at time of purchase, I didn’t even think to look for this has you had the option to PORT your number at the time of purchase for free – what difference is 2weeks later ??

Once this money has been refunded I will continue on for the rest of the year and finish the contract I sent out originally purchased.

Hopefully I will get a reply regarding this; as I sent 3 emails regarding my cashback, got 1 reply back, saying someone would email me back, but this never happened (spread over 2 weeks)….disappointing customer service, and hope this message is passed on to your Supervisor/Manager

Hopefully this can be sorted out quickly and efficiently without any taking any further action.

At the end of the day there charging the clawback becasue off just changing from my contracted phone number to my pay as u go number

Do i have any chance...going to phone them tomorrow.
Advise plz.

Comments

  • To be fair to P2U, as you have pointed out, they do warn you against porting numbers after connection on O2 and Vodafone in their T&Cs.

    The problem is that if you approach O2/Vodafone AFTER purchase to port your number in (as opposed to taking P2U up on their offer to arrange the port for you at the time of purchase), the network bizarrely treats it as a disconnection and therefore claws back the sales commission from the retailer. Under the circumstances, there is little else that the retailer can do if they want to stay in business.

    I know this is little comfort to you but this is a classic example of why people should read the small print very carefully with any cashback deal that they enter into.

    For the record, I usually have no reason to side with the retailer - infact, I'm often to be found arguing with retailers on behalf of mal-treated customers. However, occasionally it's only fair to give customers an insight into the reason why certain T&Cs exist...even if that may place me directly in the line of fire.

    (ducks for cover...)
    Reestit Mutton
    For anyone wishing to contact me privately to ask me a question, can I ask that you email me directly as my PM box is often full.
  • mking007
    mking007 Posts: 274 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    thanks for the replies, thanks for that saynoto0870 must have saved me a fortune today, got a 0800 number for o2 was on the phone for 1hr with them.

    basically neither company is doing nothing, so onto watchdog now and bbc Xray.

    ive just emailed Peter Erskine at O2, and waiting on a reply.

    At the minute im still liable to pay the rest of the 12months contract, ie 5 months more total £360 plus the £223.25 total £584.25 !
  • mking007
    mking007 Posts: 274 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    i might i have just saved 5months paying o2, there is a change in o2's contract which allows u to cancel without paying any fees.

    http://www.thedvdforums.com/forums/showthread.php?t=433225&page=1&pp=20


    Write a simple letter to their disconnections department (USE ROYAL MAIL RECORDED DELIVERY)

    Write in your letter that because O2 has changed your terms and conditions using charging for ringing 07744 & 07755 numbers that this put`s you at a disadvantage under clause 8.4 c of your terms.

    At the moment O2 let you ring 07744 & 07755 numbers out of your free x minutes, but from the 1st July they will charge you 25p a minute.

    This is your get out of contract free.

    Hurry and get the letter in the post.


    Terms and conditions

    "8.4 You may end this Agreement by giving us written notice if:
    (a) we break this Agreement in any way and we do not correct the situation within 7 days of your request;
    (b) we go into liquidation or a Receiver is appointed over our assets; or
    © we increase Charges for your Inclusive Calls or your monthly line rental charge or change this Agreement to your significant disadvantage, provided you give us a minimum of 30 days written notice (and provided you notify us within one month of our telling you about the changes). This does not apply where the increase or change relates solely to Additional Services in which case you may cancel, or stop using, that Additional Service.
    In the situations described in 8.4 above paragraph 8.3 will not apply"
  • mking007
    mking007 Posts: 274 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    yes it does, done it earlier today on the contract ie above, make sure and speak to an manager the sales advisors will just fop u off.
  • user1234_2
    user1234_2 Posts: 298 Forumite
    Part of the Furniture Combo Breaker
    Above post reported
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