O2 - £680 contract cancellation fee!!!

bertiebb_2

Contract with O2 was coming to an end so spoke to them about a new contract and new phone. Told them I wanted an iphone and they said they could do that (However, I specifically said I didnt want a reconditioned iphone). So, order was done on Saturday (Day 0) even though I was told order wouldnt be processed until the monday.

Anyway, I was away on hols so got the phone delivered to a family member. Arrived on Tuesday (day 3).

I got back from hols to find it was a recond iphone not a new one. Phoned them and told them I wasnt happy. They told me it was OK because I had 14 days to return.

Used their own returns label and took it to the post office on a Thursday (day 12). Thought no problem its 9 days since I recieved it.

Thought it was all sorted until I get a bill of £680 contract cancellation fee. Spoke to them and they say the phone didnt arrive back with them until the monday after I posted it (day 16) and as such I didnt sent it back within 14 days.

Seems a bit unfair to me. Can they count the day it was ordered like this? Also, its probably arrived back on Saturday but not checked in until the monday.

£680 for 2 days seems a bit harsh. Anyone got any ideas here?

Surely, at worst, they've got to give the phone back to me and let me continue to pay for the contract?

They are looking into this now so hopefully they'll see sense and that I did post it back to them. (Fortunately, I've still got receipt from post office so I can prove when it was posted).

LeeSouthEast

I'd posit with them that they breached the verbal contract (not to be a reconditioned item) before it was even sent, so they can waive the 14 day nonsense completely. They got it back. End of. Send your complaint in writing.

bertiebb_2

LeeSouthEast wrote: »

I'd posit with them that they breached the verbal contract (not to be a reconditioned item) before it was even sent, so they can waive the 14 day nonsense completely. They got it back. End of. Send your complaint in writing.

Yeh. Difficult to prove though because it was a phone conversation. Although, I'd be happy for them to dig out the call logs....

Hopefully, it wont come to that because as far as I can see I'm within 14 days anyway.

flyingscotno1

I thought it was fine to post it so that they would receive it within 14 days under normal service of the post- i.e post on day 12- Monday 1st class and you are fine even if it arrives back with them on Day 15?

Exhortation

I agree with LeeSouthEast. By sending you an item you specifically said you didn't want they have breached the terms of the contract. Stick to your guns and don't give them a penny.

bertiebb_2

flyingscotno1 wrote: »

I thought it was fine to post it so that they would receive it within 14 days under normal service of the post- i.e post on day 12- Monday 1st class and you are fine even if it arrives back with them on Day 15?

They're saying it wasnt recieved until the monday which they deem as day 16.

macman

You must be insane sending an iPhone any other way but Special Delivery. If it hadn't arrived at all you wouldn't have a leg to stand on, as proof of posting is not proof of receipt, nor would it be insured.
Did you add Recorded Delivery? If so you can check the delivery time online, that might be days before it was actually logged into their system as received.

bertiebb_2

macman wrote: »

You must be insane sending an iPhone any other way but Special Delivery. If it hadn't arrived at all you wouldn't have a leg to stand on, as proof of posting is not proof of receipt, nor would it be insured.
Did you add Recorded Delivery? If so you can check the delivery time online, that might be days before it was actually logged into their system as received.

It was sent back using O2s return packaging. Basically meant I had to package it up and take back to post office (got receipt). I'm assuming o2 would have insured this.

AlexisV

They have breached their original contract so they cannot escape this by adding an additional time clause. The law would deem a reasonable amount of time would be expected to be allowed to return their phone.

I suspect they are trying to apply Distance Selling Regulations, but this is not a case of changing your mind. They have breached their contract by sending you the wrong phone.

I would ring them and tell them they are incorrectly applying these regulations, whereas this is a breach of contract issue instead.

At the end of the day, they can't get the money off you unless they take you to court. And they wouldn't stand a chance. Even if you ignored them they'd just send you a few debt collection letters and then write the 'debt' off - nothing will come of it.

Fifer

bertiebb wrote: »

Yeh. Difficult to prove though because it was a phone conversation. Although, I'd be happy for them to dig out the call logs....

In which case, difficult for them to prove you ordered what they sent? It cuts both ways.

bertiebb_2

AlexisV wrote: »

They have breached their original contract so they cannot escape this by adding an additional time clause. The law would deem a reasonable amount of time would be expected to be allowed to return their phone.

I suspect they are trying to apply Distance Selling Regulations, but this is not a case of changing your mind. They have breached their contract by sending you the wrong phone.

I would ring them and tell them they are incorrectly applying these regulations, whereas this is a breach of contract issue instead.

At the end of the day, they can't get the money off you unless they take you to court. And they wouldn't stand a chance. Even if you ignored them they'd just send you a few debt collection letters and then write the 'debt' off - nothing will come of it.

Just dont want a bad debt against my name or something...