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

ChilliP2012

There is certainly no harm in claiming back the etf that you have paid. There is enough information here to help you do that.

RandomCurve

ChilliP2012 wrote: »

It is a genuine dispute. I told them I wasn't going to pay whilst I believed they were in a breach of contract for failure to notify me of the price rises. So will quote that, but may be plead ignorance as well.

You need to state the above in your defence document.

ChilliP2012 wrote: »

Also in terms of O2 saying they informed by text of the price rises, which in all honesty I never received. Would it also be wise to point out a few reasons why I wouldn't receive the text? Something like no network coverage (which is obvious if they had suspended my services), phone not connecting to the network properly (again an obvious one), overloaded network, phone software fault, full inbox.

Yes it would be wise to point that out and as you have already done (but do it again when you include the above - put them to strict evidence that they have both sent the notification TO YOU and that YOU received the notification.


(Strict evidence is that they have some actual physical piece of evidence such as "read receipt" or a signature from a registered post letter)

ChilliP2012

Ok, so I've edited it again. Rather than post the full edit, I'll leave it to the 2 sections I edited.

(d) I don’t dispute the defendant’s claims that on 25th December 2013 that I was issued with a bill for £34.09. Payment was due by 8th January 2014 and that was not received. I am happy to pay this outstanding bill. However, any bills generated after this date (from the 25th January 2014 onward) I contest as the defendant was informed via a telephone conversation that this is a genuine dispute. I told them I wasn't going to pay whilst I believed they were in a breach of contract for failure to notify me of the price rises.

The failure of the defendant to adequately give notice to myself by any form of communication puts the defendant in direct breach of their own contract as pointed out in their own defence.

Clause 5.2 of the contract states: “We may increase or decrease our Charges from time to time. If we increase our Charges (apart from for Additional Services), we'll let you know at least 30 days before the Charges are due to go up and you'll have the rights explained in paragraphs 5.3 and 5.4. We won't increase your Monthly Subscription Charges more than once in any 12 month period”

For the benefit of the defendant, there may be a myriad of reasons why I never received such a notice, no network coverage due to the defendant suspending my services for late payment, phone not connecting to the network properly, overloaded network, phone software fault and a full inbox. I put the defendant to strict evidence that they have both sent the notification to me and that I received the notification.

Anything in blue has been added to the PoC.

Thanks

ChilliP2012

If that's good enough to send off RC then I'll email it to both O2 & HMCTS today. I also want to mention that I don't deem that notifying someone regarding price increases by text is adequate due to a number of issue (pointed out earlier) why a text message would not be received by a subscriber. An issue which I intend to raise with Ofcom. Would it be worth adding that in?

ChilliP2012

adpod wrote: »

Dont let their bullying scare tatics of extra legal fees cloud the case, they will pay for a solicitor to go to court for the day at £250+ per hour and they cant claim for that even if they win.

Take them for eveything you can get, then get the papers involved and let others take them to court.....

I actually edited my last paragraph about them in my PoC (Particulars of Claim). I thought it was quite savage to be fair.

(g) Finally, during my recent telephone conversation with the defendant it was mentioned that because I haven't paid anything upfront, such as the cost of the remainder of my contract, then I am not out of pocket. Because of this, the defendant feels that I am not entitled to claim in the small claims court. However, it is my understanding that I could use the small claims court for breach of contract claims. It was also mentioned by the defendant that I would be liable for their costs, which is nonsensical. Surely the defendant will be aware that the court will not order solicitors’ costs to be paid by the losing party in a small claims case.

At every opportunity it seems the defendant has tried to belittle me and has, in my view, been extremely condescending regarding my lack of knowledge regarding legal protocol. I am not a legal expert and I would like to ask the court for some leeway if the nature of my application not being entirely precise in terms of protocol.

I have given the defendant every opportunity to resolve this dispute, which has been rebuffed at every stage until now. However, following a recent telephone conversation with the defendant I am happy to try and resolve this matter via the Small Claims Mediation Service as long as the defendant is still willing to do so, as discussed with Mr ******* ******, Executive Relations – Legal on 25th April 2014.

So everything has been sent off and it's just a matter of waiting now. :cool:

AGray

I only caught this thread recently, it came to my attention due to my Mrs' phonebill on EE going up. I've been a long loyal customer for O2 for many years, but i too have grown very disillusioned with their business practices.

I upgraded my contract to a 24 month contract in around April/May 2013, and afterwards i felt totally conned. They brought out the O2 Refresh scheme a few months prior and was especially wary of that style of contract, because i was still in contract they wouldn't reduce my tariff to the bare minimum so i could cancel.

When i pointed out that, acually, i could do that because the Online service was letting me, they changed their tune a bit and offered me a contract. I even recall saying "i hope this isn't one of those O2 refresh contracts" and they agreed it wasn't.

I later relised it was, and what's more, they have completely removed the option for me to reduce my contract down to even the next available tariff - upgrade tariff yes, downgrade no.

I used to work for O2 about 7-8 years ago and their practices were much more cleaner with no grey areas (or limited).

I'd be more than happy now to stick to a Pay as you Go type phone so you're not restricted or at worse, end up being ripped off as i feel i have been the past year...

I'll have a quick read through this thread, but i assume it is still within the realms of possibility to send off a complaints letter hoping to get a CISAS reference to investigate? Or has the period expired now and i'm stuck for another 12 month?

ChilliP2012

O2 don't deal with CISAS directly. The ADR scheme they deal with is Ombudsman Services: Communications

These conversations you've had with O2 prior, have they been by telephone? You could always complain via their Complaints Review Service, but what I would recommend prior to that is to Subject Access Request, specifically requesting copies of recorded calls. It may give you more ammo for making a complaint. Even if it conversations you've had by webcaht, they should be logged on your account in accordance with DPA. A subject access request will cost £10.00, but worth it in my view to back up your claims going forward. It's something I've done to back up my case on the small claims track. I probably should of done it earlier, but hey ho.

There is plenty of useful information in this thread and if we can help further then I'm sure we will. It is with the help of people here other than myself, that I have been able to progress my case. You shouldn't be hindered with the length of time that has passed and should be able to complain to the ombudsmen (in mine and other people's opinion, a complete waste of time) at any time during the life of your contract.

You could also say you're experiencing financial difficulty because you've lost your job, they may be obliged to lower your tariff to the lowest available then, rather than have someone not pay, they should do this. As an ex-O2 employee like myself, there are still a few tricks in the book left to use

ChilliP2012

It seems O2 are going to file an updated defence, which they are entitled to do. I will post it when I have received it, IF they file a new defence that is.

They have agreed to mediation, so I will let you know when that happens, but details of what has been discussed are confidential.

RandomCurve

ChilliP2012 wrote: »

It seems O2 are going to file an updated defence, which they are entitled to do. I will post it when I have received it, IF they file a new defence that is.

They have agreed to mediation, so I will let you know when that happens, but details of what has been discussed are confidential.

Any dates yet?
Have you seen the new campaign site?


http://www.fightmobileincreases.com/

ChilliP2012

No nothing yet.

No I didn't see the new site. I have now though Very nice indeed.