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O2 - £680 contract cancellation fee!!!
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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.
Actually, my wife has got a DD with them for a separate contract. They couldnt use this to take the money, could they? (like i said its for a different contract )0 -
Most calls are recorded with companies like this. Demand the call to be listened to and take it from there!0
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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.
Do not worry, if you read the OP again. 02 did get the phone back, it was not lost in the post. The argument is on 02s side the phone was received back within 16 days not 14 days. But the OP is saying it was a reconidition not a new handset so the agreement was breached by them to begin with!
Ask for a voice recording, if they can't find it they can't hold you to the "agreement" they claim exists!Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Hi,
Duggie is spot on, they will have recorded the call and will be able to retrieve it upon request. They will likely have the details of the date and exact time of when you called on your account so they would be able to track the times from that... But I would advise looking through your own call records to get a date and time incase they say they don't have those details...
Also, just stand your ground... tell them that you are an existing customer and you are willing to leave them if they go ahead and try to charge you. They have the phone back, ok a couple of days late but not at your fault, you have a receipt for the return which is dated...
Kick up a fuss, I'm sure they would rather back down and keep your custom than lose out over something like this... Bear in mind also, if they won't back down then they now have YOUR property...0 -
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.
Well if it is referred to DCA then it will have defaulted and it will have a serious impact on the credit file of the person holding the contract until whatever time it is sorted out and the default removed.
This is definitely not the approach to take.
It is a clear cut case of breach of contract, They have no contract to charge you for as they did not hold up their end of it.
Refer them to the original verbal contract that you agreed to, tell them you consider the contract void and have returned any goods within 28 days.
Assuming you have not used the handset at all. Otherwise you will have been deemed to accept it.0 -
All they need is the number you rang from, its not some kind of real to real tape, its a digital call logging system that can be searched by many data lines such as number, customer, address and so on. one click of a mouse and the call is brought straight up on the desk top.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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I hate it when people bump ancient threads, fortunately I noticed the date half way through this thread
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