MSE News: O2 to hike its prices by 2.7% - can you leave your contract penalty-free?

adpod

Goodluck ChilliP hope you win too, if I can then others can too.

Keep us updated

ChilliP2012

Will do buddy

RandomCurve

ChilliP2012 wrote: »

Totally off topic, but...can you tell me how you got the above onto the forum I've never managed to "upload" copies of letters etc which I think may be useful to others.

ChilliP2012

I uploaded my images to something like Dropbox into my public folder. Copied the public to the images and then pasted the url in between the (without the spaces)

V_For_Verminator

Knock them out of the park Chilli.

ChilliP2012

Just a wee update. O2 Telefonica have until Monday 14th April to file a defence following their Acknowledgement of Service. If they fail to do that, then I will ask the court to enter a judgement in default against them. So, hopefully, over the next few days we should know more.

Lifes_Grand_Plan

V_For_Verminator wrote: »

I'm very surprised that they intend to defend.

At this stage, saying they are going to defend it costs them next to nothing and might just scare people off from proceeding with the claim.

If they didn't say they were going to defend it and just admitted the claim this early on, everyone would be doing it.

I would be shocked if this went to court, I can see them settling well before it gets there.. they have too much to lose.

Go get em ChilliP

ChilliP2012

Thanks Lifes Grand Plan

I too would be surprised as well if it actually went to court. I have given O2 every opportunity to resolve this issue and every time it has been met with the same old copy & paste responses that O2 have been using for a couple of years to justify their price increases. Let's not foget that The Ombudsmen have been about as helpful as a cat flap in an elephant house.

As it stands, they have until Monday to defend, admit or make a counterclaim. The PoC (Particulars of Claim) was issued on 17th March 2014. 3 days later on 20th March they filed an AoS (Acknowledgement of Service) which gives them 28 days after the PoC was issued to defend, admit or make a counterclaim. I highly doubt that anyone in their legal team will be in the office this weekend and I would expect something by Monday (they may defend, admit or make a counterclaim at the very last minute). However, should it transpire that they fail to do that, then at 1 minute past midnight on Tuesday 15th April, I will be asking for a judgement in default.

Again, on the flip side they could file something at the very last minute and it could turn out to be expensive for me or not, we could settle or go to court. The point I'm making though is that Ofcoms General Condition regarding 'Material Detriment' is open for interpretation in a myriad of different ways. I will not be bullied by O2 and have them say that any increase doesn't cause me 'Material Detriment' and hence why I have fought it. The other reason being not having received any form of notification by O2 to say that price rises were happening, as in line with their contract and Ofcom guidance.

Of course, this could be one of many small claims made against O2 Telefonica. Their legal team might have been hit with so many small claims summons that they have actually gone blind on paperwork since announcing their 'RPI' increase. However, I urge anyone to go through the small claims route and hold O2 to account and show that you will NOT be bullied into accepting their price rises.

Either way, we/I should know more in the coming 72 hours.

V_For_Verminator

ChilliP2012 wrote: »

Again, on the flip side they could file something at the very last minute and it could turn out to be expensive for me or not, we could settle or go to court.

This is the only thing stopping me.

I don't know enough about the hidden costs. If I win then fantastic but if it goes further than that I am concerned I could get stung for money I really, really don't have.

I want to take them to court very badly but I am very concerned about the implications of cost.

ChilliP2012

V_For_Verminator wrote: »

This is the only thing stopping me.

I don't know enough about the hidden costs. If I win then fantastic but if it goes further than that I am concerned I could get stung for money I really, really don't have.

I want to take them to court very badly but I am very concerned about the implications of cost.

Things like this are always a gamble, but as I have said, I believe the 'Material Detriment' argument of this is wide open for interpretation. With issues like this and depending on how long left you have on your contract, it will more than likely be settled without the need of going to court. Not always the case, but more often than not, is often the case.

You really need to look at a few things, especially the merits of your case against O2. I believe I have a strong case against them. Whilst they have said that they notified everyone of their 'RPI' increase by email, I have not received such a notification and the onus is on O2 here to prove, beyond all reasonable doubt, that they sent it and I received it.

There is also enough in this thread and all over the interwebs regarding UTCCRs & 'Material Detriment'. When O2 decided to raise their prices, they would of factored churn into the equation as well as possible complaints to themselves, the ombudsmen and possible litigation.

In my case, I would have to pay £234 to cancel my contract. A complaint to the ombudsmen has cost them £300. Possible litigation could involve further expense which would put O2 at a further loss (legal fees, costs etc...). So there are a lot of things to take into equation here, but look at the merits of your own case and make a decision based on that.