O2 Breach of Contract

c-m

DUTR wrote: »

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

Nonsense - a negligent misrepresentation, mistake or blatant lie induced him into the contract. A contract he would not have otherwise accepted if it were no misrepresented.

DUTR

simax wrote: »

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

I don't class hours of streaming on pornhub as normal use

DUTR

c-m wrote: »

Nonsense - a negligent misrepresentation, mistake or blatant lie induced him into the contract. A contract he would not have otherwise accepted if it were no misrepresented.

So does the OP have a case or not? Perhaps you may like to represent him in another David vs Goliath case (David being the network operator).

Guys_Dad

There are a number of simple points here.

1. We all know unlimited does not mean unlimited. What limit was there on the OP's account before the change? (Did O2 actually have customers whose allowances were genuinely unlimited and was OP one of them?). Was the 750mb text a change in allowance or just a clarification of the limit previously in force?

2. O2 say they have a copy of the conversation (partially recorded, one side only) but can't release it due to data protection? Nonsense. If they have it, they MUST release it under Data Protection legislation, but OP must pay any requested fee (max £10) to obtain a copy. Write to the Data Protection Officer.

3. Wills77 writes "So it's perfectly acceptable for O2 to change their T&C's without informing me??" I don't know what O2's t&c were active at the time, but there is usually an overarching rider that says "subject to our fair use policy" somewhere around. Has OP got a copy of his original t&c that spells out what unlimited means in real life at that time?

DUTR

Thanks Guys Dad, I know I'm straight to the point sometimes and this 'wounds' people from time to time, the data issue has been covered in so many threads, indeed not everybody lives for MSE, but it has also been in the media, so the data allowance thing does become a little tiresome, and as the ASA or ofcom have ok'd the allowance practice, the OP is just going to have to put up with it like 'everybody' else