O2 mobile insurance

matthewhotdude

Sorry if this is the wrong place.

When I got my phone from O2, I took out there insurance because it offered guaranteed new for old replacement. When I made a claim on the insurance they sent me out a refurbished mobile phone.

I have since complained to them and this is the reply I received

Thank you for your email dated 1 July 2010 addressed to Ronan Dunne. Ronan has asked me to respond to you directly.

I’m sorry to hear of the recent experience you had when you made an insurance claim. I’m also sorry to hear of your disappointment when, despite your successful claim, you received a refurbished iPhone. I appreciate the frustration and confusion this has caused.

I note from your email you refer to the terms and conditions of your insurance and in particular you’ve quoted a sentence from our summary page that states ‘guaranteed new for old’. I’d like to clarify that this does not form part of the terms and conditions and does not appear anywhere in the terms and conditions which are provided in more detail on the same document. As we’ve not changed the terms and conditions we haven’t wrote to you to notify you of a change of wording in our summary and legally, we aren’t obliged to do so, nor are we in breach of the terms as the sentence you refer to is clearly not a term or condition.

We do confirm in the terms and conditions that, if you make a successful claim, we will, wherever possible, replace your equipment with a model of similar specification. We do not state that the model will be new.

In recognition of the poor service you received when you initially called to speak to insurance and for the delayed response from the complaint review service, I’ve credited the excess fee of £25 to your O2 account, as a gesture of goodwill. We will not be replacing your refurbished iPhone with a new model nor will we refund the insurance charges.

And this is a link to the Insurance terms and conditions

http://www.o2.co.uk/assets/O2HybridNav/Static-files/PDFs/insure_premier.pdf

Note on page 3 it states guaranteed new for old.

So where do I stand, Surly if they sold it advertising new for old they are obliged to do so?