O2 Advice - Breaching Contract?

jammell

Hey guys, I'm currently into my 4th month of my renewed 18th contract and my phone was already been sent off for repairs once, I got it back just the other day and within an hour it was presenting the same fault. I called up to say I was not happy and they offered me a downgraded phone. =|
In my last contract with O2 I also had to send a phone off 3 times. I'm getting pretty sick of this to be honest and would like to get out of the contract but I'm guessing I'm stuck, unless this is any sign of a breach of contract by O2 being unable to provide goods to a reasonable standard and not be able to do what they're meant to do?
Cheers.

gjchester

The phone and your airtime contract are two seperate legal contracts. You can't cancel the contract if the phone is faulty.

You*CAN* claim the phone is not of satifactory quality and get it repaired or replaced but that choice is down to o2, they choose to repair or replace it not you. You DO NOT have the right to a new phone, you have to accept a reconditioned one as long as it's in broadly the same state as yours, but you do not have to accept a downgrade.

You may want to try the manufacturer, who may be able to fix or replace it .

digp

gjchester wrote: »

The phone and your airtime contract are two seperate legal contracts. You can't cancel the contract if the phone is faulty.
.

Where does it say that in the law?

gjchester

digp wrote: »

Where does it say that in the law?

It's in o2 Terms and Conditions that you agree to as part of taking out the contract. They state

Consumer & Business Customer Pay Monthly terms & conditions (January 2009)
These terms and conditions contain two separate agreements, a Services Agreement which covers our supply of airtime and other services, and an Equipment Agreement which covers our supply of phones and other equipment. The general terms and conditions are part of both agreements and, where required for the sake of clarity are referred to as the General Terms. The agreement that applies to you will depend on what you have purchased from us, but if you have purchased an airtime tariff and a handset or other relevant equipment both the Service and Equipment Agreements will apply.

It then starts with the services agreement

Services Agreement
1.1 The following paragraphs set out the terms and conditions for the supply of Services by us (if you have purchased Equipment please see the separate Equipment terms and conditions below).

And then

Equipment Agreement

1 The following paragraphs set out the terms and conditions for the supply of Equipment directly by us (rather than by one of our distributors).

Section 2 Of the Equipment Agrement states

2.2 Unless we have specifically agreed to sell you Equipment on an equipment only basis, we are supplying Equipment to you because you have agreed to enter into a contract for the supply of the Services for a Minimum Period and at a tariff applicable to that Minimum Period. In consideration for you agreeing to purchase the Services, we shall normally supply the Equipment to you for no charge (subject to paragraph 2.3). Note that if you cancel your Services Agreement under paragraph 11 this Agreement will also be cancelled.

Stating you get the phone free as part of signing up a minimum term airtime contract, and cancelling the airtime agreement means you need to hand the phone back.

However there is no such reciprocal term for the handset Section 4 of the Equipment agreement states

4.4 Cancellation of the purchase of the Handset or other Equipment may mean that you are still liable to us under your Service Agreement for the duration of any Minimum Period.

So if for any reason you don't buy the phone (or otherwise return it, remember the phone may be free to you but you getting it as an inducement to take the service) or cancel that part and return the phone, then you are most likely still liable for the contract until the minimum term you signed up for has passed. Section 4 onlyh applies to consumers not business's so is most likely to satisfy the Distance Selling rules, as 4.1 says you have 14 days to examine it and within that time return it with no further charge, ( and about the only reason you can cancel the contract.)

Guys_Dad

digp wrote: »

Where does it say that in the law?

gjchester is right.

Or, put it another way, point to any significant number of posts on MSE where the contract has been successfully cancelled due to the phone not meeting the required standard.

There are clearly 2 separate contracts in force.

nsabournemouth

Trading Standards are the ones to speak to.

gjchester

O2 may have breeched the equipment side, but as they clearly say the airtime and equipment are two seperate contracts. The OP agreed to this in signing up. o2 are trying to repair the phone as they are obliged to. The OP may not like it but as long as they are willing to repair the phone there is no legal issue, o2 are in the right

Trading standards may offer advice, but as Guy's Dad says in almost every case where someone has come here saying they want out a contract it's not happened. If it was any other way the forums would be full of people who have cancelled contracts a lot for any reason, and no doubt we'd all be on more expensive tarriffs and phones so the mobile co's made profits.

nsabournemouth

gjchester wrote: »

O2 may have breeched the equipment side, but as they clearly say the airtime and equipment are two seperate contracts. The OP agreed to this in signing up. o2 are trying to repair the phone as they are obliged to. The OP may not like it but as long as they are willing to repair the phone there is no legal issue, o2 are in the right

Trading standards may offer advice, but as Guy's Dad says in almost every case where someone has come here saying they want out a contract it's not happened. If it was any other way the forums would be full of people who have cancelled contracts a lot for any reason, and no doubt we'd all be on more expensive tarriffs and phones so the mobile co's made profits.

I'm sure Trading Standards will advise of his rights and where he stands. They will more than likely advise you to state the sales of services and goods act which should get them to pull their finger out.

I got my contract revoked when 7 months in my contract i had network issues, got to keep the phone too, a SE X1. They didn't like it but tough, their own T&C's didn't say i had to return it.

gjchester

nsabournemouth wrote: »

got to keep the phone too, a SE X1. .

I've a SE X1 on Vodafone, loved it at first but now the OS is getting tedious, and it's such a chore to use, and the radio in them is pants.

Nexus one or iphone next I think but probably moving to o2 for better coerage at home