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  • FIRST POST
    • Grizza
    • By Grizza 11th Jan 18, 5:06 PM
    • 10Posts
    • 2Thanks
    Grizza
    O2 Early Upgrade Fee Complait
    • #1
    • 11th Jan 18, 5:06 PM
    O2 Early Upgrade Fee Complait 11th Jan 18 at 5:06 PM
    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.
Page 1
    • DUTR
    • By DUTR 11th Jan 18, 5:15 PM
    • 11,141 Posts
    • 6,357 Thanks
    DUTR
    • #2
    • 11th Jan 18, 5:15 PM
    • #2
    • 11th Jan 18, 5:15 PM
    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
    • By mobilejunkie 11th Jan 18, 5:22 PM
    • 7,567 Posts
    • 2,390 Thanks
    mobilejunkie
    • #3
    • 11th Jan 18, 5:22 PM
    • #3
    • 11th Jan 18, 5:22 PM
    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
    • By Grizza 11th Jan 18, 5:36 PM
    • 10 Posts
    • 2 Thanks
    Grizza
    • #4
    • 11th Jan 18, 5:36 PM
    • #4
    • 11th Jan 18, 5:36 PM
    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
    • By NeilCr 11th Jan 18, 5:52 PM
    • 1,164 Posts
    • 1,318 Thanks
    NeilCr
    • #5
    • 11th Jan 18, 5:52 PM
    • #5
    • 11th Jan 18, 5:52 PM
    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!


    .
    Originally posted by Grizza
    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
    • By k3lvc 11th Jan 18, 5:59 PM
    • 1,996 Posts
    • 3,206 Thanks
    k3lvc
    • #6
    • 11th Jan 18, 5:59 PM
    • #6
    • 11th Jan 18, 5:59 PM
    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!
    Originally posted by Grizza
    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
    • By Grizza 11th Jan 18, 6:00 PM
    • 10 Posts
    • 2 Thanks
    Grizza
    • #7
    • 11th Jan 18, 6:00 PM
    • #7
    • 11th Jan 18, 6:00 PM
    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
    • By DUTR 11th Jan 18, 6:03 PM
    • 11,141 Posts
    • 6,357 Thanks
    DUTR
    • #8
    • 11th Jan 18, 6:03 PM
    • #8
    • 11th Jan 18, 6:03 PM
    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.
    Originally posted by Grizza
    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
    • By mobilejunkie 11th Jan 18, 8:01 PM
    • 7,567 Posts
    • 2,390 Thanks
    mobilejunkie
    • #9
    • 11th Jan 18, 8:01 PM
    • #9
    • 11th Jan 18, 8:01 PM
    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.
    Originally posted by Grizza
    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.
    Last edited by mobilejunkie; 11-01-2018 at 8:39 PM.
    • d123
    • By d123 11th Jan 18, 9:33 PM
    • 6,885 Posts
    • 4,404 Thanks
    d123
    As with all new credit contracts you have a 14 day cooling off period,
    Originally posted by Grizza
    Actually, no, you don’t.

    There is no statutory right to cancel if the contract is signed in the shop.
    ====
    • pmduk
    • By pmduk 12th Jan 18, 9:05 AM
    • 7,804 Posts
    • 5,646 Thanks
    pmduk
    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.[/FONT]
    by Grizza;73701310
    [FONT=Arial
    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!
    Last edited by pmduk; 12-01-2018 at 9:07 AM.
    • Gary_Dexter
    • By Gary_Dexter 12th Jan 18, 9:36 AM
    • 390 Posts
    • 215 Thanks
    Gary_Dexter
    The £297 would have been a charge for the remainder of your current contract.

    All operators do this. It's common knowledge. And after being with a phone provider for 28 years you would think you would know this.

    The £297 is non-refundable as you have been put onto a new contract term.
    • boatman
    • By boatman 12th Jan 18, 9:38 AM
    • 3,609 Posts
    • 2,525 Thanks
    boatman
    They are accepting the iPhone X back, so they will either refund your £69.99 and £297 and stick you back on your old contract, or they could right off your contract and not refund you the £297, allowing you to choose another deal.
    As for taking 2 weeks to get your money back, Virgin take over a month to pay back any money!
    Last edited by boatman; 12-01-2018 at 9:40 AM. Reason: ii
    • indesisiv
    • By indesisiv 12th Jan 18, 10:59 AM
    • 5,048 Posts
    • 16,826 Thanks
    indesisiv
    If I was paying £370 for something I would ask about the the returns and termination policy!!
    And the £370 is money before you pay your contract! Did it not occur to you after getting this offer that a bit of research would be in order to find out what the terms and conditions were?
    For that price I would be looking at buying the phone outright and getting a cheap sim only contract!

    I don't see that they have done anything wrong really. They have offered for you to buy out the remaining part of your minimum term of your contract - you have accepted this and bought it out. It can't be reinstated, you have paid to end the current terms of you minimum contract.
    You have then changed the terms on your contract (Not a new contract)
    “Time is intended to be spent, not saved” - Alfred Wainwright
    • Colin_Maybe
    • By Colin_Maybe 12th Jan 18, 12:08 PM
    • 1,523 Posts
    • 641 Thanks
    Colin_Maybe
    You have to wonder about someone who's happy to pay £370 upfront and then tie themselves into paying £70 a month for 2 years for a grand total of £2,050 just for a mobile phone. To then reconsider the next day as well???
    • overpricedcoffee
    • By overpricedcoffee 12th Jan 18, 2:40 PM
    • 14 Posts
    • 5 Thanks
    overpricedcoffee
    Many years ago I signed a credit agreement in store with HFC bank for something or another I cannot remember and I learnt the hard way that there is definitely no cooling off period in store for signing any credit agreement.

    From that day onwards I check, double check and even triple check what I sign before I sign it when I do stuff in-store.
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