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Unlock iPhone 4 on O2

Thought I'd share my recent success in getting my iPhone 4 on 18 month contract unlocked by O2. It took about 2 weeks of battling, but it paid off!!

I want to stress straight away that I am not a lawyer, but this is the info I used to get the handset unlocked.

Firstly, O2 will tell you a number of different reasons why they cannot unlock your iPhone 4, including:
-Apple are the ones that lock the handset, not them
-Apple have not yet released the patch to unlock the handset
-It states in your contract that the handset must remain locked to their network
-The handset remains theirs until you have paid off the contract

All of these reasons are false. O2 lock the handset, and Apple will confirm this via email if you speak to their customer services. It is also on Apple's website which network providers have the facility to unlock handsets. Apple ship the handsets to the various network providers in an unlocked capacity. It is locked once a SIM is activated.

Section 2.4 of the equipment agreement states that the handset is your property once you have taken possession of it, and no sections state that it must remain locked to O2. Although O2 subsidise the handset, they retain no ownership of it, and it is legally yours.

The reason they wont unlock it is a business decision to cover the launch period. There is no specific time period for the launch period however.

So how to get it unlocked?

Explain to O2 that you wish for your handset to be unlocked for use on a different network provider whilst abroad, and as such outside of the confines of the contract. By forcing you to use their service at an extortionate rate in comparison to those services offered by local network providers, they are in breach of EU directive 2005/29/EC, which concerns itself with unfair commercial practices. It is, in essence, an illegal block on your property, as described by sections 4-9.

I explained that by forcing me to use their network, they are using undue influence to force me into a transactional decision that i would not have made, which in turn is also to my economical disadvantage. In my case, because they had lied on a number of occasions as to why they couldn't do it, I also claimed that they were acting in a way which failed to reveal their true commercial intent.

I also claimed that as it does not state anywhere in the contract that the handset must remain locked to their network for an indefinable period of time, they are in breach of the Sale Of Goods Act (1979), as the handset is not fit for the purpose for which it was purchased.

After getting nowhere with the customer services team on the telephone, I was told to email their complaints review service to get a full explanation as to why they are not in breach of the above regulation. I was promised a response within 5 working days.

After emailing the complaints review service, and not receiving a response within 5 working days as promised, I rang up and chased the matter, threatening Court proceedings. Within 12 hours my handset was unlocked as a 'good will gesture', as their legal department would be unable to provide me with a full response as to why their business decision over-rules EU legislation.

Once again, I am not a lawyer by any stretch of the imagination. However, this worked for me, and if any of you want a copy of the email I sent to O2, direct message me and I will quite happily forward it on to you.

Good luck!!

Comments

  • gjchester
    gjchester Posts: 5,741 Forumite
    Apart from using foreign sims in it when your overseas I'm not sure what advantage there is. Your still tied to the 18 month contract though, and don't be suprised if in your next bill they ask you to pay the full amount of the contract
  • I've already received the next bill and they certainly haven't requested the full amount of the contract, nor could they do so.

    The advantage is you can use any SIM card in any country, including the UK. As a trial I have already synced my handset to an Orange PAYG SIM, and it has worked perfectly, allowing me to take advantage of 241 cinema tickets without having to pay for an additional handset.

    Also, when going overseas you can use a local network provider, rather than being stuck to O2's extortionate pricing policy. You can then use the full potential of the iPhone whilst abroad whilst saving a massive amount of money. Im off to Holland in a few weeks time and can take advantage of a SIM offer from Vodafone out there which for 9.5 Euros gives me unlimited internet on my phone for a month. Using my phone to that extent on O2 would cost a fortune!!

    If you don't find it useful, then fair enough, but there are lots of reasons why someone would want an unlocked handset, even if they are still paying for a contract.
  • boliston
    boliston Posts: 3,012 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    gjchester wrote: »
    Apart from using foreign sims in it when your overseas I'm not sure what advantage there is. Your still tied to the 18 month contract though, and don't be suprised if in your next bill they ask you to pay the full amount of the contract

    I will always get a phone unlocked at the earliest opportunity as besides the MASSIVE saving that can be made every time you travel abroad there is the issue that some rural areas have patchy signal on some networks.

    I often go walking in areas with poor signal and like to use the mapping on my iphone for navigation. In some areas I might loose signal on my main network (three) so I also carry a payg vodafone sim which I can easily swap should the three signal become unusable. It means that i'm not totally reliant on a single network.

    Another thing is that when I come to sell on the handset it's easier to sell if it's not locked to a single network.

    Finally they would be in breach of contract if they tried to charge more than the agreed monthly sum!
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