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Cancelling mobile contract due to faulty phone

Hi

I don't know if anyone can help me. My partner and I took out contracts with O2 with which we got a free mobile phone each. After a while the phones started to have numerous problems, and they became impossible to use. We were told to upgrade software which we did. Then we were told to get them fixed or replaced we would have to go to 2 separate stores in 2 separate locations to get temporary replacements phones. We did this but no replacement phones were available. We were told they wouldn't do a doorstep swap. After numerous calls and no progress we cancelled our contracts and were told we would incur the cost of the remaining contract price. I've taken it all the way to the Ombudsman but they have told me that O2 were not responsible for the phone as it was free. However I thought that you have consumer rights if you are given a free gift as part of another purchase. Can anyone advise? Thank you!

Comments

  • Annie._2
    Annie._2 Posts: 516 Forumite
    Your contract is for the airtime provided by the network, not for the equipment which is considered a sweetener and a gift to encourage you to take the contract.

    You are able to use your SIM in any phone and as such, the network are still providing a service.

    You would be unable to cancel your contract just because the phone has a fault.
  • Jon_01
    Jon_01 Posts: 5,933
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Forumite
    Ann is right (as she usually is!).

    And if the Ombudsman has already ruled against you, you've no where left to go.
  • Guys_Dad
    Guys_Dad Posts: 11,025
    10,000 Posts Combo Breaker
    Forumite
    There are numerous similar threads on this forum. They all say the same as the previous one. Please search and read them.

    By cancelling your DDs, you are severely affecting your credit score and record. And, of course, you still owe the network for the airtime that is, no doubt, increasing every month.

    You need to take steps to sort it out.
  • Annie._2
    Annie._2 Posts: 516 Forumite
    Jon_01 wrote: »
    Ann is right (as she usually is!).

    And if the Ombudsman has already ruled against you, you've no where left to go.

    Not always Jon, You are a pretty smart guy !
This discussion has been closed.
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