O2 changed my contract!

smj43

I am really angry with O2 at the moment. I have 2 £45 iPhone contracts with them. When I took them out, they said after 9 months, I could reduce to the next lowest tariff and then reduce it once per month after that until I am on the lowest tariff for the iPhone.

This was the main reason I took out the contracts on such a high tariff. I could get the phone for free on £45 per month then reduce it to £40 after 9 months and once per month until on the lowest tariff of £25.

Once my contract reached 9 months, I rang O2 and reduced it to £40 as planned. I than rang a month later and reduced it to £35. The following month I called to reduce to £30 and was told they had just changed the terms and conditions on the 7th October. I am now only allowed to reduce the tariff once in the entire term and only after 12 months! :mad:

How can they just get away with changing the contract like this?

Jon_01

I don't think it is a contract term, I think you'll find its a good will gesture.

When you agreed to the contract you agreed to pay £45 for x months. They don't have to let you drop a tariff at all, they could insist that you stick to what you'd agreed to.

Guys_Dad

I tend to agree with Jon 01. I have looked at the current t&c and can see no reference to the right to change tariff mid-contract, even once.

If you can find that in the current t&c, then, presumably, the multiple changes that you say you were told about would have been in the previous ones too. In that case, ask for the t&c that wer4e in force when you took the contract out.

As an alternative, if you could track down the person who sold you the contract and if they are willing to confirm that they did, indeed, induce you to take out your contract on the basis of what you claim, then you may have a claim against the shop that sold you the contract. What odds are there on that???

Sam Goldwyn is often wrongly accuse of saying "a verbal contract is not worth the paper it's written on." The same applies to sales staff's verbal comments at time of sale. Always get things in writing.

330d

I would always get these things in writing.

I took out a 24 month contract last year from phones4u who told me that they will cancel and pay off my contract after 15 months if I take out another contract at that time. I got him to put this in writing.

But luckily I got it canceled free of charge last month due to the new vodafone internet charges.

smj43

They were the T&C's at the time I took out the contract. As of 7th October 2010, new T&C's were put in place changing the rules on when a tariff can be changed.

I think it is quite unfair to change T&C's so drastically without even informing customers. I think they should be bound by the T&C's I received when I signed the contract, goodwill gesture or not.

I wasn't told be the sales person at the shop about this. I just knew that was one of O2's policies and never thought it could be changed.

Guys_Dad

smj43 wrote: »

They were the T&C's at the time I took out the contract. As of 7th October 2010, new T&C's were put in place changing the rules on when a tariff can be changed.

I think it is quite unfair to change T&C's so drastically without even informing customers. I think they should be bound by the T&C's I received when I signed the contract, goodwill gesture or not.

I wasn't told be the sales person at the shop about this. I just knew that was one of O2's policies and never thought it could be changed.

See above in red.

Can you point out where the bit about changing a tariff during the initial contract period you say changed on October 7th is contained in their t&c. Their t&c should be on line.

Please refer us to that link and we can take it from there.

smj43

Ok here we go, Paragraph 5.16...

O2 Airtime T&C's for Consumer and Business Customers (OCT 2010)
http://www.o2.co.uk/assets2/pdf/AIRTIMEPAYMONTHLY_OCT10.pdf

Though their FAQs contradict that by saying this...

O2_FAQs wrote:

Can I change my tariff?

Yes.

If you're on Pay Monthly
You can choose a lower tariff nine months after you joined us – or after you last upgraded your phone. You can increase your tariff any time after the first 30 days of connection. To do this get in touch.

If you're on Pay & Go
Go to My O2. Then choose 'My Tariff and Bolt Ons' on the left, and click 'Change my tariff'.


Tariff changes don't happen immediately. On Pay Monthly, it'll change on your next bill date. On Pay & Go, on your next anniversary date.

Also here is another contradiction...

http://shop.o2.co.uk/FAQ?category=Tariff+questions&question=FAQ_CAN_I_CHANGE_MY_PAY_MONTHLY_TARIFF

And here is a page that says that these new rules were in place from June 2010, which isn't true. First paragraph under General (Section 1).

http://www.o2.co.uk/termsandconditions/tariffsandboltons

So I don't know... which is it? They tell me on the phone that I can't change it, but their website says lots of different things.

Jon_01

Hum, as I see it The T&C's tell you that you can once, when you're more that half way through your minimum term, but don't say when (5.16). The FAQ (which isn't part of the contract terms) then give you the details, which looks like it means they can change the FAQ without it affecting the contract. Odd one this ?

What do the experts think ??

(do you know what the T&C's and FAQ said when you too the contract out ? That's more the point...)

smj43

When I took out the contract, the rules were that you can downgrade after 9 months and then once per month thereafter. It said this in their T&C's and FAQs at the time.

What they told me on the phone earlier this month is that you can downgrade to a lower tariff once in the minimum term and only after 12 months (24 month contract) or 9 months (18 month contract). Though you can upgrade at any time.

This is what it says in the new T&C's that I linked in the above post (which by the way were extremely difficult to find).

But their FAQs section still states that you can downgrade after 9 months, and then once per month thereafter. This is the old T&Cs.

I'm going to give them a call, maybe they will let me downgrade once I show them that they are contradicting themselves.

Guys_Dad

First of all, apologies for missing that. I must be getting old and need new glasses.

Now what you need is the pre-October t&c that were in force when you took out the contract. FAQ are helpful, but it's t&c that really count.

Looks like you have 2 routes.

1. Write and ask for a copy of the t&c that were in force up till a week ago, or even go into a reseller in the high street and see if they have a previous copy.

2. Write to O2 telling them that they have changed their t&c and that you demand the t&c that were in operation when you took out the contract or you will have no alternative but to seek cancellation of the contract. You actually have proof that these have changed as they have already let you reduce twice, so that is your most potent weapon, as long as this was in the previous t&c.

Whatever you do, do not cancel the DD. That will bring a heap of trouble down on your head.

infomonkey

Your not the only one having issues dropping their contract down.

I started on the £35 600 min 600 txt unlimited net iPhone tarrif
Upped it to £45 as needed 1200 mins for a few months
Called yesterday to reduce it and was told that your original tarrif no longer exists and your data if you go back to £35 a month will be capped at 500mb.

Pointed out that as I was not notified of these changes to my original contract that they are in breach of the unfair terms in consumer contracts act (cant remember exactly which bit I quoted off hand) and they are

"getting back to me"

i would ask for it to be escalated to a manager when you call them again.