We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Mobile Phone Contract change during Contract!

When a contract is taken out for 18 or 24mths then surely that is binding as it is a credit agreement that you have signed against to the T&C's at that time!

Well, some 6 mths later I wanted to take up the agreement as that of the T&C's that I signed up to in that after 6 mths into teh agreemnet I can reduce my monthly payment plan by £5.00 without the loss of my tariff as ths was in the T&C's of the contract I signed up to.

I was told by O2, that I was not able as the terms of the contract has changed? I informed that I had not been made aware or received any notification and that what I had signed up to was a leagl binding conract for 18 mths and it was quite clear within the T&C's of allowing me to lower my monthly payment. I pointed out that the sales person at the O2 shop that I purchased from (I bought two contracts... one for me and my partner) said I could and to support that at the time of my purchase, I got the sales person to sign against the specific line on the T&C's to confirmn this which they did. However, O2 said it does not matter whether a sales peson has or has not and should not have signed the T&C's

O2 completely refused and stated that i had to wait 9mths as that was the change. Well, I have now reached 9mths and thus went into the O2 store that I purchased from and spoke to the manager and showed him the contract. the initial reaction was yes, they recogise the signature was of a person working in the store but said they could not verify if this was that persons signature as the prson was not in to which it came across as if I had falsely signed thsi persons signature!!!! After a few words ehmanager said they will look in to it but ned to wait until the person who signed to come back in to work (Tues 26th July) to verify. The manager also said that the agreement has changed since that I signed up to at the time to which they said I was unable to and will check with head office. I mentioned that I had already done so and got nowhere and mentioned this was a legal binding document.

So, my question is, can an initial mobile phone credit agreement over 18 or 24 months be changed (I accept it will relate to new customwers) without notification by O2 to me as an existing customer and where does one stand legally as I'm sue thsi may apply to a number of other arena's!!!!

Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The initial agreement cannot be changed, but downgrading after 6 months is very unusual.

    With regard to 9 months see this thread: 02 9 month contract downgrade issues
  • erdd2
    erdd2 Posts: 1,070 Forumite
    A legally binding agreement (contract) cannot be changed legally without the consent of All the parties to the contract (agreement) or a clause that allows same. Unfortunately those in the more powerful position do this, exploiting the "weaker" party> Does not make it right or legal or acceptable and having the knowledge to address is worthless if not addressed. few on the frontline are knowledgeable but often bloody convincing!
  • jenniewb
    jenniewb Posts: 12,843 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    I've heard of Phones 4u offering similar, when they sell the 24 month tarrifs they sometimes say "but after 1 year you can downgrade it to be £xx a month), this does of course mean you lose part of the package, either minutes, texts or both.

    I'd go back to whomever said all this to you, get them to verify whats on offer, but if its in the terms and conditions then maybe writing to O2 and including a copy of the t's and c's with the part your questioning highlighted.

    I have to say, in my own opinion, I doubt you'd be able to downgrade the fee AND keep all the package details otherwise why wouldn't everyone be doing this already and why would anyone ever stay paying full price for the full contract length? I think if it were possible the rest of the MSE crew would be having a field day!
  • Techhead_2
    Techhead_2 Posts: 1,769 Forumite
    edited 25 July 2011 at 8:02AM
    There is something odd here, I don't believe O2 have ever offered 6month change of tariff. Some tariffs are 9 and all current tariffs you can change to a new tariff after 12.

    Edit: Also, to do it you call them free from your handset. So not sure why a store visit was necessary.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.7K Work, Benefits & Business
  • 600.2K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.