Legal actions against 02 gross negligence

sims12781

Hi,

I have been the victim of 02's repetitive mistakes, which I would classify as gross negligence.

It first started when I attempted to upgrade my mobile phone in July in an 02 store. The shop assistant advised me to take a particular plan, affirming the handset would be free. After drawing the contract, signing forms, credit checking etc... the computer system highlighted a balance payable of £99 for the handset. The shop assistant subsequently realised his error and attempted to correct it in the system but in vain. I was advised to walk away from the store (without a new handset) and wait 24 hours for the cancellation to take effect. I was understandably frustrated to have wasted an hour of my time for nothing and I barely got as much as a sorry for it.
It took multiple phone calls between the store and 02 customer service (who apparently are unable to do anything) to finally get this faulty contract cancelled - I had to get the manager of the store involved.
It was extremely stressful to have to take 02 staffs by the hand and make them correct their mistakes - there did not seem to be that much impetus to do it otherwise.

I thought it was the end of it but I now realised 02 took 630 pounds out of my account as a cancellation fee. They caused me some serious cash flow issues and they are now (admitting their error) telling me it will take approx. 10 working days to come back to my account (and I did not even get a sorry this time).

I am so frustrated with their negligence, their lack of care for good customer service, their incompetence and overall with the stress and damages they caused me that I want to take legal actions.

Do I have a case and how should I go about it?

Thanks

somethingcorporate

Sounds terrible.

What are the actual quantifiable losses incurred?

Hintza

sims12781 wrote: »

Do I have a case and how should I go about it?

Write a letter (recorded) and explain in detail what has happened how much it has cost you and what you are wanting to remedy the situation. If they deem your request reasonable then you should have a good chance. If not they will tell you to get lost and then all you can really do is go to court.

Freddie_Snowbits

If you were told it was free but when the till said pay, why did you continue. Are you not negligent as well?

OK but that does not answer OPs question. How the hell did they steal £630 from you? When the gas man read my meter incorrectly (numptie college geek who failed in mathematics) a few years back and the bill was excessive, the DD was cancelled straight away and an investigation was initiated. When did they notify you of this charge.

Now if the dd was in error, then the dd guarantee comes into force. have you applied this? (BT did not send me a bill in February 2010, I asked my bank to refunbd the DD. BT apologised and corrected their mistake in March 2010, note I still had to pay the ammount that was due!)

As the money is being returned, I would approach you bank over this matter.

unholyangel

sirmarcus wrote: »

Suggest that you esclate and complain to Ronan Dunne, O2 Chief Executive via sending him an email to [EMAIL="ronan.dunne@o2.com"]ronan.dunne@o2.com[/EMAIL].

Hope this helps and good luck.:)

Broken record anyone?

Hintza

unholyangel wrote: »

Broken record anyone?

More like very sad.

hilda1

unholyangel wrote: »

Broken record anyone?

Is another episode of Coronation Street about to start ? I do hope so as I luv entertainment. Fingers crossed that I'm not disappointed.:rotfl::rotfl::):):D:D

woody01

Annoying = Yes.
Gross Negligence = Oh c'mon. No-one has died as a result have they?

sims12781

Luckily no-one has to die as a result of gross negligence. A simple book on legal definition might assist you here I think.

Nonetheless, thank you for the responses. it is indeed annoying and even more so when I think there is so little I can do about it.

Gothicfairy

sims12781 wrote: »

Hi,

I have been the victim of 02's repetitive mistakes, which I would classify as gross negligence.

It first started when I attempted to upgrade my mobile phone in July in an 02 store. The shop assistant advised me to take a particular plan, affirming the handset would be free. After drawing the contract, signing forms, credit checking etc... the computer system highlighted a balance payable of £99 for the handset. The shop assistant subsequently realised his error and attempted to correct it in the system but in vain. I was advised to walk away from the store (without a new handset)I took this to mean that they cancelled the contract and did not take the phone and wait 24 hours for the cancellation to take effect. I was understandably frustrated to have wasted an hour of my time for nothing and I barely got as much as a sorry for it.
It took multiple phone calls between the store and 02 customer service (who apparently are unable to do anything) to finally get this faulty contract cancelled - I had to get the manager of the store involved.
It was extremely stressful to have to take 02 staffs by the hand and make them correct their mistakes - there did not seem to be that much impetus to do it otherwise.

I thought it was the end of it but I now realised 02 took 630 pounds out of my account as a cancellation fee. There should have been no fee as they never took the phone or contract and it was cancelled the same day/ time it was taken out, due to the error of the customer service rep who told them the phone was freeThey caused me some serious cash flow issues and they are now (admitting their error) telling me it will take approx. 10 working days to come back to my account (and I did not even get a sorry this time). I would not be happy with that as it could lead to charges etc

I am so frustrated with their negligence, their lack of care for good customer service, their incompetence and overall with the stress and damages they caused me that I want to take legal actions.

Do I have a case and how should I go about it?

Thanks

If the way I have read the post is correct then there would seem to be grounds to complain. Not sure anything will be done but it should be flagged up that staff are advising that a contract can be cancelled with no charge when the system seem to go against that.
That amount going out in one good could be someones mortgage etc so it is worth letting them know it writing anyway.
But then Freddie clearly read the above a different way so maybe I am totally wrong

Equaliser123

sims12781 wrote: »

Luckily no-one has to die as a result of gross negligence. A simple book on legal definition might assist you here I think.

That simple book might help you as well - "gross negligence" isn't a concept known to English civil law.