O2 have myself trapped in a corner

Silk

I would have thought even the most basic of users would know the difference between swapping and upgrading

WTFH

Silk wrote: »

I would have thought even the most basic of users would know the difference between swapping and upgrading

Of course they do, up until the point that they want to change again and suddenly they suffer memory loss.

Harald

Fist thing first: O2 as the seller of the phone is responsible for it as well as the Apple. Or even more.
It's your choice whether you choose 1-year warranty provided by Apple (voluntary, based on EU law) or 2-year statutory seller responsibility (mandatory in EU law). And seller CAN NOT tell you which one you should choose.

marywooyeah

Silk wrote: »

I would have thought even the most basic of users would know the difference between swapping and upgrading

You would think so, but the onus should still be on the staff member to make the customer aware that they were signing up to a new contract by upgrading, that way there could be no room for such a situation to arise.

WTFH

marywooyeah wrote: »

You would think so, but the onus should still be on the staff member to make the customer aware that they were signing up to a new contract by upgrading, that way there could be no room for such a situation to arise.

If it was a swap, all the OP would have is a receipt for the swap.

If it is an upgrade or a new contract, then the OP will have signed documents to agree to the upgrade/new contract. The OP admits they wanted an upgrade, they then signed a new contract but are trying to claim they didn't sign or didn't know what they were signing.
How much or little detail the staff went into is irrelevant. The OP is trying to swindle their way out of a contract that they signed for, knowing full well what they were doing.
Unfortunately there are many on here who think that lying/swindling is OK if you are a consumer, but not OK for businesses.

Silk

marywooyeah wrote: »

You would think so, but the onus should still be on the staff member to make the customer aware that they were signing up to a new contract by upgrading, that way there could be no room for such a situation to arise.

The staff probably did make them aware we don't know they didn't

I would have thought the OP knew what they were doing as they obviously did some research first to find an upgrade where a trade in was available to reduce the cost to get a nice new high spec phone...........

I upgraded my phone at the Carphone Warehouse because they did a trade in scheme which helped me afford my upgrade fee..

Silk

Harald wrote: »

Fist thing first: O2 as the seller of the phone is responsible for it as well as the Apple. Or even more.

Whilst we know the airtime contract is with O2 we don't know if they were the retailer it may well have been 3rd party such as CPW with the latter purchase ...either way it's often far quicker to go to a Genius Bar in Apple cases to obtain a repair/replacement.

marywooyeah

Yes, all we have to go on is ops post, I'm on a tablet so not able to cut and paste etc but what is making me think that op didn't quite understand that it was a new contract is where they say "the third time they told me to upgrade the phone", then she says about the trade in etc. The key words are upgrade and phone, eg that if she got a better handset the problems would stop. She doesn't say anything about signing up to a new contract (although to an outsider this may be plainly obvious) and now is suprised that she can't leave.

Hence why I said the onus should be on the staff to have made her aware that she was getting a new contract, rather than simply getting a new phone.

In any case, op looks well and truly tied into a new contract, they may be better off getting a sim only deal on another network (providing the handset will allow this) to see if it actually is the 02 network that is causing the poor signal.

Silk

marywooyeah wrote: »

Hence why I said the onus should be on the staff to have made her aware that she was getting a new contract, rather than simply getting a new phone.

Where does the OP say they didn't realise an upgrade was a new contract ???
Where does it say the staff didn't advise them it was a new contract ???

If the OP had upgraded with O2 rather than CPW and found it didn't cure the problem they would have had 7 days in which to cancel the upgrade ...as it's an upgrade done through CPW they are stuck with it.

marywooyeah

If youread my above post I've already explained why I got the impression that op didn't realise they were signing up for a new contract. I never at any poi t said that the staff didn't tell her, I agreed with you that we dont know as all we have to go on is the op, .

Inany case the op doesn't seem to be returning so its all a bit moot.