Currently arguing online with O2..

BakerBoy

A bit like banging one's head etc.

I looked through the forum but couldn't find a similar story.

O2 offered me a new phone, iPhone 4s 16GB. Sent an 8GB phone. I returned it and now they tell me that they can no longer source the 16GB phone.

OK I say, I need a 16GB phone how do you intend to resolve? Answer: Upgrade and pay more
No thanks, please cancel the new contract, I'll go elsewhere.
Answer: You need to give 30 days notice.

Abridged, add 90 minutes back & forth to get full story.

They say that as my phone purchase contract is separate to my airtime plan then they have fulfilled that part of the contract, even without the agreed handset.

Is this the case? Can I not just terminate the airtime contract as they haven't been able to supply the handset, as the airtime contract was agreed based upon that handset being supplied?

Helpful answers gratefully received!
Jon.

Silk

BakerBoy wrote: »

A bit like banging one's head etc.

I looked through the forum but couldn't find a similar story.

O2 offered me a new phone, iPhone 4s 16GB. Sent an 8GB phone. I returned it and now they tell me that they can no longer source the 16GB phone.

That sounds like you already had a contract and it was an upgrade ?

If thats the case returning the phone will have put the contract back to as it was before the upgrade and you will have to give 30 days notice to cancel as you would have done before the upgrade

BakerBoy

Hi Silk and thanks for the response. My contract had expired and this was a new contract. Actually two new contracts, one to supply the phone and one for the airtime. I feel aggrieved because I only agreed to the new airtime contract on the basis that I would receive the specified handset.

Silk

BakerBoy wrote: »

Hi Silk and thanks for the response. My contract had expired and this was a new contract. Actually two new contracts, one to supply the phone and one for the airtime. I feel aggrieved because I only agreed to the new airtime contract on the basis that I would receive the specified handset.

The problem is contracts don't expire as such, they just have a minimum term ie 24 months then revert to a rolling monthly basis.
The 2 contracts bit sound like the new Refresh ones where you can upgrade by trading in the phone etc which you can choose to do when you upgrade.
Still leaves the old contract running though if you choose not to upgrade.

BakerBoy

Yes that's true but this was a brand new contract, which I'm guessing I do need to give 30 days notice to get out of because they have only defaulted on the other contract.

Silk

BakerBoy wrote: »

Yes that's true but this was a brand new contract, which I'm guessing I do need to give 30 days notice to get out of because they have only defaulted on the other contract.

If this is a brand new contract did you get a new number then ?

BakerBoy

Er no. I kept my old number, as I would have had I moved to a new provider.

Silk

BakerBoy wrote: »

Er no. I kept my old number, as I would have had I moved to a new provider.

Keeping the same number within same networks means it's an upgrade so it will still be the old contract thats been reverted to and still needs 30 days notice.

grumbler

Theoretically one can switch to a contract from PAYG, but I don't think it was the case.

BakerBoy

OK thanks.

StuC75

Your contract hadn't expired, it would have only reverted to a rolling 30day contract once it reaches the last month of the minimum contract.

Therefore returning the phone reverts you to that situation..

BakerBoy wrote: »

Hi Silk and thanks for the response. My contract had expired and this was a new contract. Actually two new contracts, one to supply the phone and one for the airtime. I feel aggrieved because I only agreed to the new airtime contract on the basis that I would receive the specified handset.