O2 Early Upgrade Fee Complait

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Grizza
Grizza Posts: 10 Forumite
I have been a member of O2 since 1989 (When it was originally called Cellnet). I have had many phones, and many contracts, and I have stayed loyally with O2 since that date.

However, on Christmas Eve I went into an O2 shop looking to buy a iPhone for my brother as a Christmas present. I was persuaded to upgrade my own phone to an iPhone X, so I could give my present phone (iPhone 7) to my brother. I was told I would have to pay £69.99 for the handset and another £297.00 to upgrade early. At NO TIME was I told that this upgrade fee was non refundable. I upgraded, but when I went home I was uncomfortable with my new contract which meant me paying nearly £70.00 a month for my new contract and be tied into it for another 2 years. I went back to the shop on Boxing Day and asked to be released from the contract under the 14 day cooling off period. I was asked to come back the next day as there was no one in O2 working on Boxing Day to sort this out, which was fair enough.

I returned on the 27th December and was told that the £297.00 fee I paid to upgrade early was non refundable. I told them that I was not told about this at the time, and if I had of been told I would never have agreed the new contract. I was asked to go away and speak to O2 head office to get this sorted out.

I contacted Mark Evans (The CEO of O2), who passed it onto O2 Executive Relations, who told me I should of read the Terms and Conditions, of which I explained to him that no one reads Terms and Conditions (which he agreed), and apart from that I was not given enough time to read them anyway. I also told him that if you upgrade early online, on the O2 website, it also does not inform you that the early upgrade fee is non-refundable. However he would not relent and told me that I could not have my early upgrade fee refunded as I was out of contract. I told him that I was told by O2 that I could go back to my old contract and see out the rest of the contract, which expirers in September 2018. However he refused to do anything and referred me to the Ombudsman.

I feel that this is bad customer service to a long standing and loyal customer, that basically O2 will not even try to assist and do something to help a customer, and just palm them off to the Ombudsman.

I then returned to the O2 shop to get my handset refunded, but when they tried to do it I was told they could not refund my handset in store. They then got hold of a person at O2 Head Office and they passed the phone to me, and he told me they would send me a pre-packaged jiffy bag to return the phone in, once received I would get my handset refunded (£69.99), and he would also refund my £297.00 early upgrade fee. He also told me it would take 10-15 days to receive the refund!!! Whilst I was not happy at having to wait to get my handset refunded, at least I was also going to get my early upgrade fee refunded.

I was sent the jiffy bag the next day (quick and good service), and sent the phone back on Saturday 30th December.

I today (5th January 2018) received a phone call from someone called Tanya regarding a survey I filled in about the service I received from O2. She told me that they have not received the handset back (It was delivered to O2 on Wednesday 3rd January just before 7am – Ref: Royal Mail), and that I would not receive my refund for my handset until the following week They received the handset back on the 3/01/18, it is now the 11/01/2018 and I have still not received a refund). Why does that take so long? She also informed me that the guy, Daniel, who told me that he would refund my £297.00 early upgrade fee should not of told me that, and that I would not receive it!

I have been miss-sold a contract which I was persuaded to upgrade to when I didn’t really want to. I was not told, or made clear at the time, that the early upgrade fee was not refundable. I have been messed about from one person to the next. I am having to wait to have my money refunded, and wasting my time in the process.

I am asking you direct to resolve this matter. I want my handset fee of £69.99 refunded as quickly as possible. I also want my early upgrade fee of £297.00 refunded as well. I also ask that they put me back on my old contract of which I will remain until September 2018, honouring my original contract.

I feel O2 has treated me pretty badly.
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Comments

  • DUTR
    DUTR Posts: 12,958 Forumite
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    Those are the rules, there is little for loyalty, and don't get sucked in by the term upgrade, think of it more as contract extension.
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
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    Why would any fee be returnable??? Why would a shop have to refund everything just because you changed your mind? YOU decided to terminate the existing contract early. It's the shop's JOB to sell you something more. If you're old enough to have a contract you are old enough to know that or avoid shops - and contracts of any kind.

    I'ts YOUR choice not to bother with the t&c.

    You weren't missold and deserve the mess you've created.
  • Grizza
    Grizza Posts: 10 Forumite
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    Well first of all I was not given enough time to READ the Terms and Conditions, and secondly you cannot tell me that YOU have read all the Terms and Conditions of various things you use!


    As with all new credit contracts you have a 14 day cooling off period, but I find out afterwards that they have taken the early upgrade fee out of this, which I was not told about at the time.
    this is the first time I have cancelled a mobile phone contract in all the time I have had a mobile phone.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
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    Grizza wrote: »
    Well first of all I was not given enough time to READ the Terms and Conditions, and secondly you cannot tell me that YOU have read all the Terms and Conditions of various things you use!


    .

    Nope. I don’t read the Ts and Cs. However, if it transpired that there was something in them (ones I had willingly signed) which I didn’t like I’d take responsibility for my own actions

    If I did want to read Ts and Cs I would say so and they would have to wait while I did just that. I wouldn’t let them push me into signing in this case.
  • k3lvc
    k3lvc Posts: 4,174 Forumite
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    Grizza wrote: »
    Well first of all I was not given enough time to READ the Terms and Conditions, and secondly you cannot tell me that YOU have read all the Terms and Conditions of various things you use!

    Firstly you don't have to be 'given' the time - you 'make' the time to read the T&C's if it's important to you

    Secondly no I'm sure we don't all read the T&C's but neither do we all come moaning when not having read them comes subsequently bites us on the !!!!
  • Grizza
    Grizza Posts: 10 Forumite
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    Well, I think something as important as a non-refundable fee should of been made clear. As I also said, if you went through this same early upgrade online, it also doesn't tell you about a non-refundable early upgrade fee.
  • DUTR
    DUTR Posts: 12,958 Forumite
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    Grizza wrote: »
    Well, I think something as important as a non-refundable fee should of been made clear. As I also said, if you went through this same early upgrade online, it also doesn't tell you about a non-refundable early upgrade fee.

    Every part of the T&Cs is important, perhaps the assistant didn't feel it was important to mention (or not aware) just as you didn't feel it was important to be very aware of what you were comitting to.
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    edited 11 January 2018 at 9:39PM
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    Grizza wrote: »
    Well first of all I was not given enough time to READ the Terms and Conditions, and secondly you cannot tell me that YOU have read all the Terms and Conditions of various things you use!


    As with all new credit contracts you have a 14 day cooling off period, but I find out afterwards that they have taken the early upgrade fee out of this, which I was not told about at the time.
    this is the first time I have cancelled a mobile phone contract in all the time I have had a mobile phone.

    1) You were given as much time as you wanted; you didn't want it. Apart from not taking ANY time to read ANYTHING you state you never do - so your point is not only totally incorrect but completely irrelevant.

    2) I would if it involves an expensive contract AND I'm paying money to renege on my existing one. In any case I know damn well that I'd have to pay it off in full and would have absolutely no cause to expect any of that back. Any normal person with half a brain would assume an ETF is NOT refundable.

    3) You do not have a fourteen day cooling off period unless it's a new contract taken out over the phone or in the internet; this wasn't. It's not their responsibility to educate people who think they know the law when, in fact, they don't.

    4) The only relevant thing about this being your first time in cancelling a contract is that you should ensure you know what you're doing beforehand. That choice was 100% yours and no-one else's.

    I have little sympathy for networks and always ensure I get the most out of them for the least (in fact, I make a reasonable profit on all my contracts). However, sometimes it's quite clear they are 100% right and the customer is 100% wrong - as now.
  • d123
    d123 Posts: 8,622 Forumite
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    Grizza wrote: »
    As with all new credit contracts you have a 14 day cooling off period,

    Actually, no, you don’t.

    There is no statutory right to cancel if the contract is signed in the shop.
    ====
  • pmduk
    pmduk Posts: 10,655 Forumite
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    edited 12 January 2018 at 10:07AM
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    [QUOTE=Grizza;73701310
    I have been miss-sold a contract which I was persuaded to upgrade to when I didn’t really want to. I was not told, or made clear at the time, that the early upgrade fee was not refundable. I have been messed about from one person to the next. I am having to wait to have my money refunded, and wasting my time in the process.

    [/QUOTE]

    They may have mis-sold. As a customer, it is your job to make sure you don't 'misbuy'

    Always remember when you walk into a shop, they're there to sell you things. They're nasty like that!
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