Dial-a-phone failed to upgrade my contract, please help~

IRIS_2

I placed an order with Dial-a-phone to upgrade my O2 contract at the end of March. New contract I chose was O2 500BB, £25/month for a blackberry 3g, 500min+500mb, with an ipod gift. Received my phone in a few days, evething seems OK so I hadn't checked my bill for two months.

In the begining of June, I noticed I have been charging for using data which I shouldn't be. Rang up O2 to check, but O2 said my account have never been upgraded. So I contacted Dial-a-phone, after two weeks investigation, dial-a-phone came back saying that was O2's mistake for didn't process my updating request. But now the plan I chose was no longer available, I have to senf by phone and ipod back to them then they would upgrade me on current plan. I then asked what plan they could set me up to, as I would like similar plan but definately won'y paying more. Their customer care saying I need contact their sales team for available contract plan but I have to return everything back first. I rang up their sales team, the similar plan they have is £37/month which I won't accept at all. Then I came back to customer service asking what if they couldn't offer similar plan with same cost to me, they didn't even answer my question but just ask my return everything first.

My worry is after returning everything, they still can not offer similar plan or they can always put me on an expensive plan, the problem will not be solved at all.

I have been charged at least £20 for using data and can not use my phone properly for these months, I have been contacting their sales and customer care more than a month, cost £10 for ring their 08 number( they never call me back), and I have travel personally to post my phone back to them. But all this mess is not my fault at all, my mistake was placed an order with Dial-a-phone, instead of service, I received all these troubles.:(

Could anyone give my some advices what should I do? Many thanks for your help.

mobilejunkie

Provided you have the details of what you ordered in writing and can prove that Dialaphone didn't provide what was offered they have broken the contract with you. Although your airtime package is with the network the Dealer offered you a package and service and that isn't what they gave you. Send a Letter Before Legal proceedings to Dialaphone (actually, Phones4U T/A Dialaphone) to the registered office asking them to cancel the contract, refund your costs and the termination costs which the network will expect you to pay or you will commence legal procedings. Give them the alternative option (as you may) of paying all the additional costs which you will now incur as a result of their negligence for the same package.

You had the right and expectation to rely on Dialaphone to ensure the correct contract was set up and confirmed with the network provider and they failed to do that; where the error occurred is not your responsibility - it is theirs to ensure they deliver what they promised. I'm afraid you'll have to research LBA's and how to sue if needbe. If you have a legal expenses insurance as part of your home (or other) insurance they would do it for you and cover the costs.

Techhead_2

Before you do, did you specifically order an upgrade? I ask because that looks like a new connection deal and you need to a clear picture of what happened before proceeding.

IRIS_2

Thanks a lot mobilejunkie. I did think to write them a formal complain letter but could not find a manager to write to. Will keep trying.... Now my question is- do I need to return the phone to them before proceeding? or I should hold till they give me a solution?? Thank for hrelp~

IRIS_2

Techhead wrote: »

Before you do, did you specifically order an upgrade? I ask because that looks like a new connection deal and you need to a clear picture of what happened before proceeding.

Thanks Techhead. I can confirm that is an upgrade order. Because for upgrade, you have to ring them to process, and I have a contract from them back to March. There is no confusion as their customer care keep saying it was O2 failed to upgrade me.

mobilejunkie

Until you have something in writing agreeing what will happen after you return the phone etc. I wouldn't return it. All this needs to be in writing. Without written confirmation of what you were offered and agreed to you are in a much more difficult situation. A letter of complaint is quite different to a Letter before Legal proceedings. It won't be in their power to give you a similar package BUT they could agree to pay the difference between what you originally agreed to and any new arrangement. However, this may also involve an early termination charge on your upgraded contract so you must get everything agreed properly. It is Dialaphone's mistake (they should have checked/ensured that THEY set up the contract correctly and that the contract you ended up with WAS the one you agreed to). They were O2's agent and you dealt with them rather than O2 direct.

Dialaphone is, in fact, owned now by Phones4u. You need to write to the head office (Phones4u Limited, T/A Dial-a-phone, Osprey house, Ore Close, Lymedale Business Park, Newcastle-under-Lyme, Staffordshire, ST5 9QD.).

Dialaphone's customer service is (in my recent experience) pretty awful, but all my dealings with Phones4u have been much better. Dialaphone's basic understanding and efficiency is of a VERY low order and I'm not too surprised they've messed this up; they can't even provide or implement a correct, basic set of cashback t&c which they themselves are responsible for so the interaction with O2 is likely to be beyond their comprehension.

If you are going the complaint letter way (for now at least - may be your only real option without sufficient written proof) it is worth sending a letter to O2, explaining that Dialaphone (their approved and authorised agent) has completely messed up the upgrade, blaming O2 and expecting you to have to pay substantially more than you agreed to.

silvijamck

Im really sorry for intruding. Similar thing happened to me nearly 3 weeks ago. Got my blackberry in a post,now theyre looking phone back as 02 didnt approve the upgrade. Rang 02,they said they never heard about this.Never heard from dial a phone in 2 weeks either. So I have no contract whatsoever,but have a new handset. Should I return it?Anybody had this happen to them?thank you very much for reply.