Can you cancel a contract midway through if the network service is awful?

Hairymonster

I have an O2 contract that I use for 95% of my work (recruitment consultant) most of my work involves texting work details etc so it's imperative that my phone works. However recently in the area where I work it has stopped working for both calls and texts. My brother(who works in same office) is also on O2 and is having the exact same problem. My Dad is on Vodafone and having no problems.

I have been in my office for 2 years now and it has always worked fine but for the past 3 weeks it has been awful. I spoke to an O2 advisor on live chat 2 weeks ago and was advised that there was a problem with a phone mast but should be fixed soon. Last week as the problem was still occurring I decided to again contact O2 and was told that there are no issues in my area. What are the ins and outs of cancelling a contract midway through if they do not provide a good enough network service? The fact it worked previously for 2 years suggests it's a problem that should not be happening.

The last advisor tried to suggest it was maybe a SIM fault but I think this would be a coincidence since my brother is also having same problem- he is sending a replacement SIM but I am certain it won't change a thing.

I have been taking screen prints of the hundreds of texts I have tried to send but never go through as evidence they are not providing the service I require. It is greatly impacting my business.

I have been with O2 for a considerable time (about 10 years- 6 years on PAYG then kept same number to move to a contract- had a contract for past 4 years with a couple of upgrades) My last upgrade was in February 2013.

The network has got progressively worse over the years IMO. The only reason I decide to stay the last upgrade was I get a friends and family discount of 30% from someone I know who works for them.

If anybody knows the ins and outs of providing a service suitable for purpose please let me know- I live in Scotland where I know the laws can be a bit different.

Anoneemoose

I don't know for definite about O2's policies but I used to work for Orange and they would never guarantee service 100% of the time, in particular indoor coverage.

Also there was a clause in the t&c's that stated this was because often there were factors beyond their control. Just as an example, things can happen to effect signal that the network can do nothing about. I dealt with a customer once who was affected by a mast being obstructed by trees on a golf course growing high and the golf club refusing to cut them.

I suspect that if they have told you there is a problem, there probably still is so it might be worth phoning back. I suspect they will probably say they won't cancel your contract without you buying out however I don't know their t&c's so it could be different for o2.

They only thing you can do is contact them again for a full explanation and if they cannot provide you with the relevant info, maybe escalate the matter by writing in.

grumbler

Previous 10 years are irrelevant, but if the signal seriously deteriorated in the same place since your last contract started, you can demand cancellation without charges.
Don't expect that they will give in easily - start with a formal complaint, then take them to the ombudsman.

Anoneemoose

grumbler wrote: »

Previous 10 years are irrelevant, but if the signal seriously deteriorated in the same place since your last contract started, you can demand cancellation without charges.
Don't expect that they will give in easily - start with a formal complaint, then take them to the ombudsman.

Is this case even if there is a fault they are trying to fix?
Not that we know for definite this is case of course but as the problem has only been occurring for 3 weeks, this is more than likely the case.

grumbler

Firstly, they can't try fixing indefinitely.
Secondly, in this case they say that there is no any fault.

Buzby

There is either a fault or there isn't. If the former, they must be given time to fix it. You cannot demand anything - you can certainly request release, but if you force it and they refuse, you are stuffed. Your agreed T&C's were that radio coverage is not guaranteed - and as long as the network is up and running they are fully compliant.

The ombudsman does not enter into coverage complaints. Things to try include a replacement handset (as they can become 'deaf' over time), borrow a friends.

If things don't improve, give notice of your intent to terminate at the earliest appropriate date. Then go with a network that actually provides coverage you need.

Anoneemoose

grumbler wrote: »

Firstly, they can't try fixing indefinitely.
Secondly, in this case they say that there is no any fault.

To be fair though, 3 weeks isn't that long. (Although admittedly frustrating). As in my example, t&c's stated that they won't guarantee coverage and it was 'beyond their control' which is what my customer accepted by signing up to the service in the first place.

The customer was able to use the phone elsewhere perfectly. CISAS ruled in favour of Orange.

I am not saying this course of events is a given, just think you are a bit quick to jump in with the 'sue them' line when that may be an unncessary and futile course of action.

NFH

If a network provides coverage in a particular place when the contract is entered into and subsequently removes that coverage as a result of a fault for an unreasonable period of time, then the network is failing to carry out the service with reasonable care and skill in breach of Section 13 of the Supply of Goods and Services Act 1982. This would be a breach of contract and sufficient grounds to exit without penalty.

grumbler

Buzby wrote: »

The ombudsman does not enter into coverage complaints.

http://www.ombudsman-services.org/downloads/OScommunications_factsheet.pdf

We are unable to handle complaints about:
•
complaints about companies which are
not signed up to our scheme;
•
the location of telegraph poles or
mobile phone masts;
•
problems about cabling and wiring
inside a property;
•
the content of internet sites,
advertisements, calls, emails, texts or
any other type of message; and
•
complaints about premium rate service
providers (calls which begin with 09).

Unlike for the above, for what they can handle they just give some examples:

The types of complaints that we can deal with
include:....

chanz4

NFH wrote: »

If a network provides coverage in a particular place when the contract is entered into and subsequently removes that coverage as a result of a fault for an unreasonable period of time, then the network is failing to carry out the service with reasonable care and skill in breach of Section 13 of the Supply of Goods and Services Act 1982. This would be a breach of contract and sufficient grounds to exit without penalty.

Depends are the contracts registered at home or the office? They only say about home.

indesisiv

Do you have wifi where you don't have a signal?
It is possible to use the tugo app to route calls and texts via wifi so that they just come out of your normal allowances.

Not an idea solution but hey, it works.