02 9 month contract downgrade issues

thejock1967

Could you please xplain what scc is

grumbler

Small Claims Court

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

https://www.moneyclaim.gov.uk/web/mcol/welcome

BRSurvivor

MissKeith wrote: »

They haven't changed the terms and conditions on his old tariff though so 8.4c wouldn't apply here. They've changed the terms and conditions on the NEW tariffs, one of which you want to move to. You can't move onto an old tariff, they just don't exist anymore.

I would take a run at them with it. You are correct, they haven't changed his current T&Cs - what they have done though is change future T&Cs so that he can never get what his current T&Cs says he his entitled to. Therefore they have effectively changed the nature of the agreement, to his detriment. 8.4c applies even though they haven't directly changed his T&Cs.

thejock1967

So how do I go about enforcing 8.4c

Guys_Dad

Step 1 - Go through their complaints procedure.

thejock1967

Problem is that if I go through the complaints procedure and threathen 8.4c and end up getting to cancel my contract im worse off than I am if I agree to the new T&C's which I so strongly appose to. You see im 9 months into a contract and had a lump sum to pay upfront for the phone, presumably I wont get this back and I will have to return the phone, thus having to start again on a new contract with a new company having to stump up yet again for the handset and I will again be locked into 18/24 month contract which I wont be able to get out when the new Iphone comes out!

Im just stumped, I cant win and from what I can gather o2 know it! All I want are the rights from my contract to be allowed!!! All they will lose is a customer of 10 years in 9 months time, not that they seemed bothered when I told them this.

grumbler

thejock1967 wrote: »

.... im 9 months into a contract and had a lump sum to pay upfront for the phone, presumably I wont get this back and I will have to return the phone...

Wrong presumption I think.
Either you return the phone and get the 'lump sum' back or you keep the phone.

thejock1967

Think ill ring tomorrow and throw all that I have at them based on whats been said on here I think I have a pretty good case! Provided I get a refund on the cost of the phone im prepared to cancel unless they stick to their terms as stated on MY SIGNED contract.

thejock1967

Well good news phone o2 got a really nice gentleman who was extremely helpful and allowed me special consent to downgrade to a minimum of £35 per month (this is all I wanted anyway) by fiddling the system a bit! Called again to confirm the notes were there.

Didnt even have to argue, just advised I was unhappy and felt I was being treated in a morally unfair way.

Thanks everyone for your help

RESULT!

dhil1on

I'm having similar trouble downgrading today:

When I took out my Iphone upgrade last Jun/July time, the sales advisor on the phone told me clearly that by taking the £40 tariff and downgrading was better than paying the £35 tariff with the higher phone charge upfront.

I called to downgrade today from my £40 to the £35 tariff and I was told the tariffs have now changed and so i'll have to pay £37 instead now.

I told the advisor that I've been mis-sold a product but she couldn't care less and said they are free to change the tariff and apparently this is stated in the terms and conditions?

I'm sure I won't be the only person in this situation - its been approx 9 months since the iphone 4 has launched and many people will be downgrading around now.