O2 Breach of Contract

wills77

I recently downgraded my tarrif on my O2 iphone from £45 to £40 a month. When i did this i specifically asked 'will this affect my internet allownace?' to which i was told 'no'
However, last week i recieved a text off O2 telling my i was now on 750MB limit.
I rang to O2 to query this only to be told when i downgraded it changed my terms & conditions. I told them i was never told this on the phone call and asked them to retrieve the call. A week later they rang be back to say the call had not been recorded but then told me only the operators voice was recorded but i was not able to have a copy of the call due to data protection. They then proceeded to tell me they could not put me back on my previous tarriff of unlimited internet but would add a credit to my account.
This is not good enough, i know 100% that i was never told this in the original call as for the sake of £5 i would not of downgraded my tarriff if i knew i was going to get a capped amount of internet.
Do i have case of breach of contract here? If so i would i go about resolving it?

Thanks
Will

DUTR

I'm afraid you don't have a case, 750mb is plenty for usual use.

wills77

So it's perfectly acceptable for O2 to change their T&C's without informing me??

Techhead_2

And it isn't capped. Once you get to the 750megabytes you can either:

Do nothing, your speed will be restricted until your next bill.
Or
Pay £5 to buy another 500megabytes. (either as a one off or regularly)

They inform you when you get to 80% of the allowance.

OP, how much data do you use a month? For the vast majority of people, 750megabytes is more than enough.

jonuk7

Im on an iphone and use Vodafone packs, i hammer mine every day all day and im still lucky if i hit 500mb a month

wills77

I use more than 750 as I travel a lot and don't always have access to wifi.
My point is though, how can they change it without telling me an when I ask for proof they told me they can't provide it and just want me to accept it. I've been a loyal customer with O2 and don't expect to be treated this way.

spiro

You will probably find you have 'unlimited' internet but as with all things mobile unlimited does not mean that. It means the fair use figure quoted in the T&Cs so if this figure changed the operator would have been correct in saying your limit was unchanged because it was still 'unlimited'.

Alsdo did the text say your limit was 750mb or that you had reached 750mb? If it was the latter this is the warning they now issue when you are near the limit to stop people running up huge bills.

wills77

It said I had just started a new tariff of a limit of 750, which came as a shock as I hadn't been informed I had a limit on my tariff

Techhead_2

Spiro, they don't describe it as unlimited. Since June this year, all new O2 contracts or change of tariff come with an explicit data allowance of either 500megabytes, 750megabytes or 1gigabytes.

So its all the more puzzling that when the OP mentioned Unlimited, they weren't told.

Having said that, for the vast majority of people 750megabytes is more than enough.
I'm a heavy data user with T-Mobile. I do several hours a day browsing (while travelling), occasional videos, some music and two email accounts. I get through just over 500megabytes.

System

All arguments may be valid about new tariffs, but if during the phone call the OP was told that the internet limit would NOT be effected by the tariff downgrade, then that is part of the verbal contract.

In my opinion, if O2 cannot retrieve the recording of the phone call, then they have NO CASE to enforce the "new contract" and hence the OP could ask to be put back on the original T&Cs, and/or leave without penalty, assuming you were outside of your original contract minimum term.

P.S.
You can request a copy of all information about your contract under the DPA rules, and I understand that would include a transcript of the phone conversation (even if they say it is only their side of the conversation - yeh I believe that) I think you have to pay a max of £10 to get info under DPA rules.

simax

DUTR wrote: »

I'm afraid you don't have a case, 750mb is plenty for usual use.

Sorry but I disagree. I can easily use 2-3GB a month without breaking a sweat.