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Left with no phone without a month but asked to pay??!, where do I stand?(O2contract)

d.m_3
d.m_3 Posts: 152 Forumite
This is a very long story, but i'll make it short, if you want the long version please do ask (i dont want to bore anyone)

Basically -
1) trackball on blackberry 8900 stopped working
2) sent it back to O2 in store but wasn't given a replacment phone
3) got another damaged 8900 back as replacement after 10 days or so
4) sent that back the next day
5) waited 2 weeks to get another 8900 which was constantly 'in the post'
6) it eventually all came nearly a month later

N.B. Meanwhile i found a crap phone lying around and used it a little to make calls / txts. Didnt have access to blackberry services / data stuff

Called up O2 asking for compensation as I didnt get to use / have access to the services I've been billed for, for the month. They said I have to pay and get no refund as I was using the SIM card.

Is this fair?? and correct??

Comments

  • MRC_2
    MRC_2 Posts: 555 Forumite
    It is fair and correct...

    Depends on your attitude when you called o2 customer service really. If you called with a demanding "I want compensation", you'll have no chance.

    Email o2 customer service and those may be able to help you if you wish to take it further..
  • d.m_3
    d.m_3 Posts: 152 Forumite
    No i didn't demand any compensation. I stated that I was left without the services which I pay for, which isn't really right/fair imo. They could have at least provideda temp phone?

    How is it fair and correct by the way (just curious to know)
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    d.m wrote: »
    Is this fair?? and correct??
    Well you made calls and sent texts.
    You didn't use blackberry services for "nearly a month".

    What do your Terms and Conditions say about this?
  • d.m_3
    d.m_3 Posts: 152 Forumite
    Not entirely sure, i've tried having a look and can't find much specifically for my case. :S
  • d123
    d123 Posts: 8,748 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    d.m wrote: »
    No i didn't demand any compensation. I stated that I was left without the services which I pay for,

    you weren't, the services were all still on your sim card (and this is what you pay o2 for), the fact that you didnt have a blackberry handset is your problem and separate to your airtime contract.

    If o2 left you without service (ie no sim card) they would be more amenable to offering compensation.
    The fact that your handset is faulty doesn't really leave you without the services you pay for, they are there, you just cant access them with your spare phone (however, if your spare phone had been a blackberry you would have had access to the services).
    ====
  • iwanttosave_2
    iwanttosave_2 Posts: 34,292 Forumite
    10,000 Posts Combo Breaker
    You were still able to receive the service, the fact that you didn't have a handset to do so isn't their fault really. Its not a networks responsibility to them to provide you with a temporary phone but if there are some available then they are offered with a £25 deposit.
    Work like you don't need money,
    Love like you've never been hurt,
    And dance like no one's watching
    Save the cheerleader, save the world!
  • d.m_3
    d.m_3 Posts: 152 Forumite
    Hmm fair points from both of you. It must be mentioned, however, that this contract is an upgrade from a previous one. On my previous contract I had an O2 cocoon (white flipphone), and it was a disaster. I had to return it on numerous occasions, all on which I received a replacement handset from O2 while my cocoon was in the post. I didn't receive any temp phone this time round which is why I would like to claim compensation for their inability to supply me with a working package.

    At the end of the day, I pay the price I do because the contract came with a phone, otherwise it would have been a sim-only deal which would cost a lot less. So O2 should ensure I have a phone all the time, or charge me the sim-only price for the month, either way it'd result in some sort of compensaiton for the service(s) i've lost out on.

    That's fair, no?
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