Are O2 in breach of contract ??

notmanypeopleknowthis

my wife recently upgraded her phone but not her contract. We did not receive any notification from O2 about the change to her contract, we were advised that the contract would remain the same as we are upgrading the phone only. Her contract has never changed in over 3 years it has always been £35.00 per month for 600mins & 600 texts (with picture messages counting as 4 text messages out her allowance) it was until recently we noticed that O2 have been charging my wife for picture messages.

I have argued to O2 that they are in breach of contract for changing her contract without notifying my wife to which they have said "when upgrading the phone you automatically upgrade the contract" to which i know from experience is utter nonsense as i have upgraded many mobile phones without changing my contract.

O2 promised to put my wife back on her old old contract however they have again changed it without notifying my wife. :mad:

Are O2 in breach of contract and can we have the contract null & void, we will return the phone to O2 as she has only had it 2 months.

Any assistance will be of great help to us.

Exhortation

My wife was on the same contract for years with O2 and upgraded many times without it changing. In fact, O2 used to make a point of saying she could only upgrade to certain phones because of the contract she was on. I would say you may well have a case for termination of the contract but what the actual chances are of you forcing O2's hand I really wouldn't like to speculate on.

Good luck!

xyz123

You could write a letter to their complaints department. If you upgraded over the phone then give them time and date of the phone call adn ask in letter for them to listen to the telephone recording (if available of course) and see if operator mentions anything about changing T&Cs.