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O2 Dispute

I've been waiting patiently for the new Iphone (geek alert!). Had the Iphone 4 for two years. In June O2 called me out of the blue while I was at work and gave it the hard sell about saving me money etc so I agreed to switch to O2 simplicity.

Little did I know I was now tied in for another 12 months. After seeing O2's tarriffs the other day I signed up with 3, but O2 claim I've got to pay £200+ early termination fee :mad:

I know for a fact the advisor didn't tell me it was a 12 month contract. I've put pen to paper and complained, do I stand any chance of getting the charges rescinded as it's basically my word against theirs?

Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 September 2012 at 12:12PM
    It not easy after 3 month when you in fact have accepted everything simply by using airtime under the new contract and had every opportunity to check the details online.
    I think they were supposed to send you the details of the new contract by mail. If they failed to do this, then it's one of your main arguments. If you want to prove misselling, demand the proof of the new contract - either the record of the phone call or a copy of the paperwork that they have sent you.

    That said, it's not the end of the world and not very high price to pay for a very valuable lesson that you'll make use of for the rest of your life.
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    TCM1980 wrote: »
    I've been waiting patiently for the new Iphone (geek alert!). Had the Iphone 4 for two years. In June O2 called me out of the blue while I was at work and gave it the hard sell about saving me money etc so I agreed to switch to O2 simplicity.
    I doubt it was O2 themselves that called you ....rather a third party seller.
    First of all I would ask O2 who it was that put the order through
    It's not just about the money
  • Silk wrote: »
    I doubt it was O2 themselves that called you ....rather a third party seller.
    First of all I would ask O2 who it was that put the order through

    Funny you should say that. I did find it slightly strange that they were initiating things. Usually it's the customer trying to save £.

    I rang O2 on Friday and they said on their records I had been into a store miles away from where I live and agreed to the contract! Told them they had called me and there must be a call record, to which they replied "our call records are wiped after three months"

    I've never received anything in the post either confirming the 12 month contract.
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    TCM1980 wrote: »
    I rang O2 on Friday and they said on their records I had been into a store miles away from where I live and agreed to the contract! Told them they had called me and there must be a call record, to which they replied "our call records are wiped after three months"

    I've never received anything in the post either confirming the 12 month contract.
    One would think if that was the case there would be a signed contract had you gone into a shop ???
    Might be worth raising the issue
    It's not just about the money
  • Buzby
    Buzby Posts: 8,275 Forumite
    No requirement for a signed contract these days. Your payment of the bills is confirmation enough that you have agreed to the terms which, if you've not been provided with them - you need to seek these and ensure they are to your liking.

    Any new arrangement will have a minimum term, so 12 months is not unreasonable.
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    Buzby wrote: »
    No requirement for a signed contract these days. Your payment of the bills is confirmation enough that you have agreed to the terms which, if you've not been provided with them - you need to seek these and ensure they are to your liking.

    Any new arrangement will have a minimum term, so 12 months is not unreasonable.
    So your saying I could just walk into any O2 shop, shout across to a sales person and say "stick me on a new contract and send me the bill" and walk out without signing anything ?
    It's not just about the money
  • Very similar thing happened to me a couple of months back although it was me who initiated the conversation by calling them. Being happy to keep hold of my current handset I wanted to switch to a simplicity tariff and specifically asked for a 1-month rolling plan. This was all confirmed and I didn't put much more thought into it until I logged into my account online to check my data usage and noticed that I'd been put onto a 12 month simplicity contract! I called up customer services to query this and basically got nowhere with them not-in-so-many-words calling me a liar and accusing me of trying to get out of the contract.

    After a quick rage I thought, sod-it, I could take this further but I honestly can't be bothered with the hassle. I'll keep the contract running for the next 9 months and be done with O2 afterwards. !!!! 'em!
  • For anybody interested, my letter must have done the trick! Got a call from a complaints manager yesterday and the £200+ charges are being refunded as well as any extra charges on my last bill as a gesture of goodwill.

    He said something about retail stores making calls sometimes to local customers and they obviously put me onto the wrong simplicity contract.

    I said in my letter how in 10 years I'd never had any problem with O2 and it was a shame to end my time with them this way. It must have struck a chord as he mentioned it and said he hopes that I'd consider them again in the future.
  • lilrahi
    lilrahi Posts: 1,483 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Thanks for the update.

    Glad to know it all worked out for you!
    You'll have to speak up; I'm wearing a towel
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