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Free Phone From O2

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Comments

  • rmg1 wrote:
    Can I now say on behalf of all those that missed it .... "Oh, !!!!!!!"
    Did anyone actually get a phone?

    I received two of them!

    Arguing on behalf of my Brother now for his to arrive though :mad:
    James thinks worrying is like a rocking chair, it gives you something to do, but it doesn't get you anywhere

    If i help you...Please thank me! :beer:
  • jeppy
    jeppy Posts: 3,428 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    jeppy wrote:
    Help, please advise us of the section of the law you refer to so we can quote the same, or is it just necessary to quote contract law and trading standards
    Thanks


    Can anyone help??
    ACII and Chartered so now I can focus on learning to play my beautiful Sax. 🎷
  • rmg1
    rmg1 Posts: 3,159 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    AFAIK, and I could be wrong so somebody please correct me if I am, the fact that they sent you a confirmation e-mail stating that the phone and sim-card would be for £0-00 becomes a binding contract.
    You have made an "offer" for the goods, which they have then "accepted".

    Good luck.
    :wall: Flagellation, necrophilia and bestiality - Am I flogging a dead horse? :wall:

    Any posts are my opinion and only that. Please read at your own risk.
  • rmg1 wrote:
    AFAIK, and I could be wrong so somebody please correct me if I am, the fact that they sent you a confirmation e-mail stating that the phone and sim-card would be for £0-00 becomes a binding contract.
    You have made an "offer" for the goods, which they have then "accepted".

    Good luck.

    Legally , yes you are right, and by there own terms and conditions this is correct , but they WILL try and argue that it is not.
    They will quote that it was a computer glitch , which has now been rectified , and to place the order again,. DO NOT accept this, and keep threatening with Trading Standards , The Office Of Fair Trading and Watchdog. Also ask for the Address at which Legal Papers may be served , as you are ready to take legal action for breach of contract.
    James thinks worrying is like a rocking chair, it gives you something to do, but it doesn't get you anywhere

    If i help you...Please thank me! :beer:
  • Guys I don't know if anyone is chasing this but I have been a fair distance with it and will briefly explain where I have got to in case it helps anyone else.

    Basically after several telephone calls and emails with O2 about my order, I eventually got a phone call from a UK based customer rep who told me that the O2 legal team had instructed that all sales be cancelled and were offering no explanation as to why. The cutomer rep could offer no more ionformation as she simply had none herself to go on and advised that the legal team would only speak to Trading Standards or a court of law.

    So off to my local Trading Standards I went to check this out (must admit, not cause I wanted the phone but more because I was annoyed at O2's arrogance) and firstly they confirmed they had received a number of complaints and that all queries had been passed to the national Trading Standards office who were in contact with O2 about the situation. They told me not to expect an answer for months but did update me on O2's position so here it is.

    In England/Wales and Northern Ireland, the law apparently states that the formation of a contract is dependant upon a fee being settled. O2 are arguing that since no cash was exchanged, no contract has been formed and hence they can get away with not fulfilling their orders.

    In Scotland however, no such clause about a fee exists and so if you received a confirmation email, a contract has definitely been formed but O2 are basically standing tough in the hope that people will just forget and leave them alone.

    In either situation, it is worth calling Trading Standards and leaving your details and seeing what comes of it. Oh and they also confirmed that nothing illegal has taken place and as such, feel free to try your luck in a small claims court but it was probably a 50/50 shot at which way the judge would go.

    Hope this helps???
  • snails's_pace
    snails's_pace Posts: 2,121 Forumite
    I think that this sort of loophole is good all the while it works. But to then pursue a company for something for nothing ,whether it was their mistake or not,when they've realised the mistake and closed the loophole, then personally speaking I think it's taking things a bit far
    Bring back mark and lard NOW! or else (please) clique member no. 10 :j

    "When a woman steals your man,there is no better revenge than to let her keep him"

    I maybe blonde, have many moments and have big bazookas but my brain is in gear
  • ellie102
    ellie102 Posts: 12 Forumite
    damn i missed it n i got really excited as well lol never mind cant win them all
  • jeppy
    jeppy Posts: 3,428 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    My email asking for the address of their legal dept got returned, with the reason ,mailbox full to capacity!! personally i think ive been blocked.

    I am just annoyed that some got the phone and others didnt. We have 2 O2 contract phones in our house and I will be cancelling them at the end of the contract.

    If they had said no to everyone fair enough!! But they didnt!!
    ACII and Chartered so now I can focus on learning to play my beautiful Sax. 🎷
  • johnk
    johnk Posts: 432 Forumite
    As a bit of comfort, my £7 quidco is now verified. Check yours.
    Mark Hughes' blue and white army
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