I need help with my o2 phone contract!

AdzBrown

Hi. Basically, I was looking at getting a Blackberry last June (2010). I looked around a few places to get the best deal. o2 seemed the best as they offered me a business contract. One of the main selling points was that I could upgrade half way through the 24 month contract. I have now reached that point and they are telling me that policies have changed and I can only upgrade if I get another 24 month contract.

What are my rights here? I've complained to o2, they are saying there's nothing they can do. I feel like it's been mis sold to me. I wouldn't of taken the contract out if these new policies were applicable then.

Please help!

grumbler

Do you have a copy of the T&C saying the opposite? It's very naive to relay on the words of any sales person without getting it confirmed in writing, especially if it is 'the main selling point'.

AdzBrown

So if it isn't written in the contract I signed, I have no way of arguing my point? I need to find the contract so I'm not sure if it's written in there yet.

AdzBrown

There is nothing in the contract about upgrading. Can I terminate the contract? I've had it 12 months out of the 24.

Tony5101

AdzBrown wrote: »

There is nothing in the contract about upgrading. Can I terminate the contract? I've had it 12 months out of the 24.

Yes - you'll be able to terminate the contract...by paying the remainder of your contract out ie 12 x XX p/m as a termination charge.
You could consider selling the phone to off-set some of the cost.

AdzBrown

I don't think that's an option, that'll mean I have to pay £200+ after selling the phone. Do you think I was mis sold the contract?

Charlie2011

It sounds as if you were mis-sold and if you kick up enough of a fuss they should sort this out for you, i changed providers to O2 once and had massive problems with them. They messed me around so much that in the end after being with them 4 months they agreed to cancel my contract and i DID NOT have to pay the remaining payments.

All calls are recorded so they should be able to go back and listen to the call this will prove that you were mis-sold.

These companies never do anything uless you kick up a fuss and if you are truly unhappy you can take them to the financial ombudsman service or another regulating body.

Jon_01

You'd have to prove a mis sell, a year down the line you're going have an uphill task with that.

They may have offered an upgrade a year ago as a kind of goodwill gesture (ie not in the contract) and now they don't. Some networks used to do that with down grading your plan, you could do it but it was never in the contract so there were no grounds to complain when they pulled it. . . (not much help to you I know, sorry).

Tony5101

Unless you've changed something to your contract - or had notification of a change - then you're original contract should still stand.
There are significant differences between a business contract and a consumer contract though. Have you spoken to the "business" customer services?

AdzBrown

Thanks for the replies guys.

1. They can't go back and listen to the call to prove I was mis sold the contract as I signed up in store.
2. There is nothing in the contract/agreement about upgrading early.
3. I've been emailing the business customer service.

I now realise I should of got the early upgrade in writing but this was my first contract mobile so I was a bit naive. What kind of things do I need to say to make them worried about me leaving etc?

I don't even need a business contract, it's for personal use. He sold me it by "bigging up" the early upgrade option.

Jon_01

There's nothing you can say to them about leaving, you're under contract, you can't leave with out paying it off.

I'd take your paperwork back to the store you bought it from, on a Saturday afternoon with a store full of people, and start asking in a loud voice what they intend to do to sort it out for you. You'd be amazed how fast they find a 'compromise' to shut you up !