O2 Cons

DomStark

Hi,

I took out an O2 business 600 contract in Jan 2011. It was chosen because I was told that I could upgrade every 12 months, which would add a further 12 months to my contract. So originally, it would have ended in 2013, but had I upgraded mid-term I'd have extended it to 2014. I was also told that my upgrade would cost me depending on the phone (eg. had I wanted the most recent iPhone it would cost more than if I'd chosen a run of the mill Samsung.) This was all fine and taken into consideration.

However, when I went in to Upgrade, I was told that my contract had changed, and I was only entitled to one upgrade.:( So, rather than upgrading every 12 months which would extend the contract by 12 months, I was going to end up upgrading after 12, and then be tied to the same phone and contract for 24 months. I was not informed of this change to my contract until I went to upgrade.

To upgrade to the 4S, I'd be on the same contract (around £40 p/m) and would have to pay £250 upfront. A new customer on the same contract would have to pay a mere £50!!!

When I asked what my options were, I was told:

1) upgrade to 4S for £250, stay with that contract/phone for 24 months.
2) Don't upgrade and have my contract last the remaining 12 months at a reduced price p/m.
3) Buy myself out of my contract, which would be 12 months cost (12 X 40 = £480).

I'm furious :mad: that O2 changed my contract without informing me. Customer Services didn't seem to take my complaint seriously, even when I mentioned their breach of terms by changing my contract part way into the contract.

Can anyone inform me as to my Consumer Rights, or if they've had a similar problem with O2?

Thanks very much,
Dom.

grumbler

If you have a copy of the original contract and think that they breached it, you can sue them. However, IMHO, 'upgrade' is far too ambiguous term as it doesn't specify the price of the new handset or the discount.

Guys_Dad

These rolling 2-year contracts with annual upgrades will always cost yoy. I know - I signed the company I worked for up to a similar deal, not with handsets but reduced line rental- provided I churned annually.

My advice would be to let the contract run its course for another 12 months, then go sim-free and buy your own handsets or, if you feel brave, go for a cashback contract through one of the cashback sites.

But, as it was business contract, don't lose sight of the main purpose of the contract in favour of trendy technology.

gjchester

DomStark wrote: »

However, when I went in to Upgrade, I was told that my contract had changed, and I was only entitled to one upgrade.:(

Read you contract and any upgrade details carefully. Most Upgrades mean that you have taken out a new contract with a new minimum term an new T&C's.

I'm not clear from the post if you took an upgrade or not, by your timing the first upgrade would be now but you mention the "upgraded mid term" so it's not too clear.

DomStark

Firstly, thanks for your responses!

grumbler wrote: »

If you have a copy of the original contract and think that they breached it, you can sue them. However, IMHO, 'upgrade' is far too ambiguous term as it doesn't specify the price of the new handset or the discount.

My main concern isn't the cost of the new handset, it's that they changed it so that I'd only be allowed one upgrade for my three years with the single contract, when I was told I'd be allowed one upgrade every 12 months on a 'rolling' contract.


@ gjchester -

I've not taken the upgrade, so as far as I'm concerned, I should be on the same contract I was 12 months ago when I first signed.

spinningsheep

Trouble is Domstark, 02 never had this "term and condition" printed anywhere. It was known as a "mid term upgrade", and AFAIK this perk of a business contract was removed about 6 months back. Alas I do not think you can call it a breach of contract as it was never part of the terms of the agreement you entered into.

I know P4U used to say to customers on an 18 month contract, come back in at month 12 and we will upgrade you. What they actually meant was come back and we will give you cash to terminate your exsisting contract and take a new one out, but again, this was never written anywhere and my mate told me last week that when he went into P4U at month 12 of his 18 months he was told that their policy had changed and that the "early upgrades" had been revoked.

Buzby

The issue of upgrading a contract is easily solved, but not made clear by the networks who did not want to scare off customers by saying it was a new contract when the customer thought it was an upgrade.

If your customer account number is unchanged it won't be a new contract, BUT will have the reimposition of a minimum term. Some networks will still re-credit check you without expolaining (because you gave therm the right to when you originally signed up), which annoys those who always pay their mobiles on time butr have an otherwise dreadful credit file - some networks have been known to decline an upgrade for this reason,

If you get a new account number, it will be a new contract - and you should make every effort to ensure the original contract is indeed cancelled.