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insurance blunder

I had my iphone stole from my bag the other night and when i realised i phoned 02 to block it and reported it to the police. I asked to be put through to the insurance team as I wanted to claim. I was then told that 02 would not be replacing my phone as they (02) had mis sold me the insurance. I bought the phone with CPW and then phoned 022 to register my SIM and set up a DD for my insurance with 02. I have paid my premiums at £15 p/m since last september and have even had a lost phone replaced previously with no problems. They said they will return my insurance money to me (£164) and said I could use that money to buy a new phone. They have admitted liability and as far as im concerned I kept my payments up to date and believed I had adequate cover on my phone.
They have sent me a new SIM which is useless and they want me to carry on with my contract. Have 02 not failed me as in their Ts&Cs and why should I be at a loss for their mistake. If they can openly admit they mis sold me insurance and made that mistake can I not say that I entered into a contract by mistake and now want out?
I have bought apps, games and music through my itunes which are now worthless to me, are they going to recompense me for those too???
I am on the phone constantly and getting nowhere and i emailed complaints at head office yesterday and have heard nothing back. Have I got grounds to end my contract as I dont want to give them £50 p/m for a phone I dont have and their lack of loyality to me as a customer. I also dont want to just cancel the DD as I will be liable for failing my contract. HELPPPPPP
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Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
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    tweedy33 wrote: »
    ...I was then told that 02 would not be replacing my phone as they (02) had mis sold me the insurance.
    Is this all they say? If so, I think they are having a laugh. If they have made a mistake they have to pay for it, not you. They can't get away so easily.
    ...I have paid my premiums at £15 p/m since last september and have even had a lost phone replaced previously with no problems.
    Now I feel really sorry for O2. Do you not think that two phones during 10 months is far too much? Because of people like you other more careful customers pay excessive premiums for their insurance.
    They said they will return my insurance money to me (£164) and said I could use that money to buy a new phone.
    Don't accept this and complain. After exhausting O2 complaint procedure, complain to FSA.
  • Inner_Zone
    Inner_Zone Posts: 2,856 Forumite
    Part of the Furniture Combo Breaker
    tweedy33 wrote: »
    I have paid my premiums at £15 p/m since last september and have even had a lost phone replaced previously with no problems.

    So you have lost two phones in eleven months?
    tweedy33 wrote: »
    I have bought apps, games and music through my itunes which are now worthless to me, are they going to recompense me for those too???

    Can't they be reinstated on another IPhone?
  • tweedy33
    tweedy33 Posts: 8 Forumite
    grumbler wrote: »
    Is this all they say? If so, I think they are having a laugh. If they have made a mistake they have to pay for it, not you. They can't get away so easily.

    Now I feel really sorry for O2. Do you not think that two phones during 10 months is far too much? Because of people like you other more careful customers pay excessive premiums for their insurance.

    Don't accept this and complain. After exhausting O2 complaint procedure, complain to FSA.

    Yes i did lose my phone before but MY premium went up and I paid it, this does not affect anyone elses premium, this time my phone was taken so this is not my fault and is that not why we pay insurance in the first place, my argument is that 02 sold me the insurance and now are saying that they shouldnt have, If i lose my phone i pay the excess, fair enough, if 02 mess up they think they can palm you off and i still pay for their mistake,
  • grumbler
    grumbler Posts: 58,629 Forumite
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    edited 5 August 2011 at 4:17PM
    tweedy33 wrote: »
    this does not affect anyone elses premium,
    This single event doesn't affect. Many people like you that don't take due care about their phones because the phones are insured do affect the general level of premiums that all customers pay.
    this time my phone was taken so this is not my fault
    Unless it was a robbery, it was your fault in some degree.
  • tweedy33
    tweedy33 Posts: 8 Forumite
    grumbler wrote: »
    This single event doesn't affect. Many people like you that don't take due care about their phones because the phones are insured do affect the general level of premiums that all customers pay.Unless it was a robbery, it was your fault in some degree.

    I cant prevent a thief wanting to steal my handbag can I?
    Have u never lost something in ur life, the loss was my fault I accept that but theft is a different matter. I think £15 p/m is very acceptable amount for iphone insurance so I dont get ur argument about levels of premium, my insurance came in three tiers and I opted for the higher rate for better cover. Do you have phone insurance?
  • tweedy33
    tweedy33 Posts: 8 Forumite
    Regardless if I lose my phone, it gets stolen or accidental damage I had insurance, so I would appreciate helpful comments thanks.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    If you have proof (and you should via your DD and bills) that you have been paying for insurance and, even more, if this was the same policy that paid out, then you should send O2 a LBA (letter before action) giving them 14 days to settle or you will be taking them to the Small Claims Court via MCOL.

    They have, in effect, been taking your money through false pretences.

    However, one point to consider. This forum has a number of threads where insurance companies have not paid up when phones have been stolen or lost. Double-check the t&c of your policy. If there is the slightest doubt or if th Insurance company would have had wriggle-room not to settle, then push O2 for a bit more than your premiums and grab the refund.
  • tweedy33
    tweedy33 Posts: 8 Forumite
    thank you for that, I do get where grumble is coming from but we all at some point lose things, I will hold my hands up to that which is why i went for the higher insurance. 02 have phoned me back and admitted liability about mis selling me the insurance, they are willing to hold on to my insurance money and send me another iphone and i pay the £50 excess, however they cannot offer me insurance anymore. I dont understand why, when i will be getting this phone from 02, im a year into my contract and dont know if i can get insurance anywhere else. Do i accept this or not, they wont let me cancel my contract
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    tweedy33 wrote: »
    ... 02 have phoned me back and admitted liability about mis selling me the insurance, they are willing to hold on to my insurance money and send me another iphone and i pay the £50 excess, however they cannot offer me insurance anymore. I dont understand why,
    I do.
    when i will be getting this phone from 02,
    Ask them or check your insurance policy.
    im a year into my contract and dont know if i can get insurance anywhere else.
    I don't see why you cannot if O2 give you a new phone.
    Do i accept this or not,
    Is this not what you wanted and what the insurance is for?
    they wont let me cancel my contract
    Why would they? The insurance has nothing to do with the contract.
  • tweedy33
    tweedy33 Posts: 8 Forumite
    02 have said that as I initially purchased my phone from carphone, i should have got the phone insured through them, instead 02 insured my phone when i registered my SIM and the DD was set up. Now if I get a phone from 02 they are saying they cant insure me, so who does? Surely if I buy the phone from 02 I can purchase insurance from 02 as this is their argument about not paying out. Im actually begining to confuse myself about all this now, thanks again for the advice
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