O2 New Draconian Terms & Conditions

GeoThermal

bbb_uk wrote:

I'm no lawyer but everything seems to be within the letter of the law although I do have two slight points:-

They state you can't resell phone, etc which is probably true whilst you're in the minimum term contract because the phone surely remains the property of o2 until such time as you've legally finished the contract.

Now, after you're outside your minimum term contract then I can't see that legally o2 could stop you from selling that on as you legally own that phone then.

Phones rarely if ever form part of the contract, they are a free incentive to encourage you to sign the contract, which is actually for the sim and whatever airtime package you have opted for. O2 are making quite a big change to their T&Cs with this.

John_M_Business

In terms of selling the handset it is ridiculous to stop the user from doing this... particularly as O2 (and others) do not sell contract minutes only - i.e. they FORCE you to get a handset. My wife is perfectly happy with her PEBL, but I know I will be moving her from Orange come January (terrible signal in this area) and I will therefore be forced to choose a 'NEW' phone for her which she will not use. Therefore I will sell this phone online.

So, before the phone company gets upset I will make two suggestions (which I know they won't agree to or do, but if they get upset about selling of handsets, then I suggest that they consider these points carefully):
1. O2 and others should offer minutes / text only contracts WITH BETTER TERMS than those that come with handsets (for obvious reasons)
2. Mobile phone makers should not grossly inflate the prices of their handsets for a 'purchase only' basis. It is totally ridiculous that a handset that 'allegedly' costs £399 on the open market can be free on a £30 per month contract with the first six months at half price (i.e. a total spend of around £270 for the entire first year, including about 2400 cross-network minutes and 1200 texts). The phone is NOT worth £399, it's worth £100 (if that) and probably costs (to make) £20 ish.

Doing these two things would make life a lot easier for the buyer, reduce wastage of phones and people reselling them online. If they stop me from using eBay I'll just pop down to the local market trader and give him a margin on it (as he'll probably get more for my phone than I would through eBay).

oranabana

you could always 'give your phone away' - that way you did NOT sell it. How are they going to prove you received any monies for it!?!

Tedrick_2

John_M_Business wrote:

In terms of selling the handset it is ridiculous to stop the user from doing this... particularly as O2 (and others) do not sell contract minutes only - i.e. they FORCE you to get a handset. My wife is perfectly happy with her PEBL, but I know I will be moving her from Orange come January (terrible signal in this area) and I will therefore be forced to choose a 'NEW' phone for her which she will not use. Therefore I will sell this phone online.

So, before the phone company gets upset I will make two suggestions (which I know they won't agree to or do, but if they get upset about selling of handsets, then I suggest that they consider these points carefully):
1. O2 and others should offer minutes / text only contracts WITH BETTER TERMS than those that come with handsets (for obvious reasons)
2. Mobile phone makers should not grossly inflate the prices of their handsets for a 'purchase only' basis. It is totally ridiculous that a handset that 'allegedly' costs £399 on the open market can be free on a £30 per month contract with the first six months at half price (i.e. a total spend of around £270 for the entire first year, including about 2400 cross-network minutes and 1200 texts). The phone is NOT worth £399, it's worth £100 (if that) and probably costs (to make) £20 ish.

Doing these two things would make life a lot easier for the buyer, reduce wastage of phones and people reselling them online. If they stop me from using eBay I'll just pop down to the local market trader and give him a margin on it (as he'll probably get more for my phone than I would through eBay).

But O2 do offer SIM Only deals both instore and Online...

And you get better value for money, i.e. more mins & sms

zolablue25

Hey, if you are given a phone and decide to sell it then that is up to you. I think if they tried to do anything about this (which I doubt they would for a person selling their own phone, dealers may be treated differently) you would probably have a good case in court on th egrounds that the contract is 'unfair' and is therefore not legally binding.

John_M_Business

Tedrick wrote:

But O2 do offer SIM Only deals both instore and Online...

And you get better value for money, i.e. more mins & sms

Firstly - only in O2 stores (i.e. ask anywhere else and they'll tell you they don't exist); Secondly - the offers are not as great as just getting the contract and then selling the phone on.

medic1978

John_M_Business wrote:

Firstly - only in O2 stores (i.e. ask anywhere else and they'll tell you they don't exist); Secondly - the offers are not as great as just getting the contract and then selling the phone on.

But as Tedrick says sim only deals are also available online

Here

asdaprice

I am glad someone else has posted this as we were shocked when we got our copy

Our question is the same; can this change of contract be brought in or does it give us the right to opt out or cancel our contract

No doubt the answer to this is in a small print from the original contract (probably something like "we reserve the right to alter these T&Cs at any time")

fiish

The next clause following 'We reserve the right to alter these T&Cs at any time' states that if the change is to your disadvantage, you will be given 30 days' notice and the chance to cancel your contract (presumably without penalty), unless the change relates solely to additional services.

You could argue that taking away your first sale rights is something to your disadvantage (IMHO it clearly is so. I believe it's also illegal to do that in the US, not sure about the UK though)

I believe, though, that the intent of the new clause is to attempt to put a stop on box breaking, not the casual resale of single handsets by a fraction of personal use customers.

ArsenalFC

Ok I am going to write in to them and request for a termination of my contract without penalty and ask for my pac. I have 6 months left from an 18months contract and I will save £90 as there is a cheaper tariff elsewhere.Will see what they say, watch this space.