O2 - Oh Dear

rebootbritain

My son bought a one-year contract from O2 in Sept 2012. As he was an existing pay as you go customer, he was offered a half price deal. He had just started University and is a very cautious purchaser. He will have considered all the options carefully before buying, as he is forensic in this respect

O2 then refused to send the phone to his student address due to ‘security concerns’. This seriously aggravated what has followed in terms of the confusion etc. As a result, I received the phone at my home address and all billing subsequently.

Some months after, Tom noticed that O2 were billing him £29 and not approx. £16 as he had thought. This was only noticed when he came home at Christmas as the bills etc. did not go to his home address due to O2’s ‘security concerns’. O2 have suggested that he was not diligent enough, but why would he need to suspect that he had been deceived in the first place?

He went into an O2 shop to sort the matter out on several occasions but was fobbed off. Tom is not that assertive and, as a result of the time he had wasted, he decided just to suspend the contract when it expired by cancelling the direct debit, without realising that he needed to inform O2, even though his contract was for a year. O2 have stood on a legal principle here, saying that a 19 year old should know all the ins and outs of contract law. I looked at my wife’s O2 contract. NOWHERE on this does it tell you how to cancel the contract. This seems totally misleading.

Although O2 accepts that it was his lack of knowledge that caused this matter, rather than any malicious intent on his part, they have been prepared to criminalise my son for his lack of knowledge regarding cancellation. This is especially galling when O2 are the root cause of his departure from O2. Having created this mess, O2 are unwilling to put his credit rating right with Experian et al. As a result I am receiving nuisance letters from credit agencies, debt collectors and solicitors.

O2 have been asked on THREE occasions to provide the details of the contract. They have stated in writing that they are unable to locate it, but still insist that they are right. I find this position untenable. We were sent no contract details by them, just a note with the phone itself. To me this appears to be an act of mis-selling.

I have wasted considerable amounts of time on this and the matter has gone well beyond the matter of restoring my son’s credit rating etc.

The full story is on my blog - humandynamics at wordpress.com - I am livid with O2

Peter Cook

redcard

Peter_Cook wrote: »

He will have considered all the options carefully before buying, as he is forensic in this respect

Doesn't sound like it.

Where did he buy the phone? What store?

balletshoes

sorry OP, but it doesn't sound like he did his research - he may have cancelled his direct debit but that doesn't cancel his contract, with any mobile phone provider. He should have checked that - or asked you to if he wasn't sure, or had any doubts about it.

He didn't cancel his contract, so he is due O2 the money from when he cancelled his direct debit, to the time he followed the correct procedure and formally cancelled his contract with O2 (which I assume he has now done?).

wealdroam

Peter_Cook wrote: »

...he decided just to suspend the contract when it expired by cancelling the direct debit, without realising that he needed to inform O2, even though his contract was for a year.

Contracts don't expire.

They have a minimum term, after which they continue until cancelled.

Peter_Cook wrote: »

O2 have stood on a legal principle here, saying that a 19 year old should know all the ins and outs of contract law.

No, he only has to understand the contract he has agreed to.

I am sure your son would expect O2 to adhere to the contract.
All O2 are asking is that he sticks to his side of the bargain.

Peter_Cook wrote: »

I looked at my wife’s O2 contract. NOWHERE on this does it tell you how to cancel the contract. This seems totally misleading.

All O2's contracts are available on line.
I have quickly glanced at every Pay Monthly contract and they all say pretty much the same.
Their current T&Cs say:

3. How long this Agreement lasts
3.2 At the end of any Minimum Period this Agreement will continue until it's ended by you or us in line with paragraph 8.2 below.

8. Ending the Agreement
8.2 This Agreement can be ended by either you or by us giving at least 30 days' Notice (in line with paragraph 19).

19 Notices
19.1 If you want to end the Agreement for any of the reasons described in paragraph 8.2 or 8.4, you must call customer service and call customer service and give us Notice of at least 30 days.

If you ignore the slight stutter in para 19.1, it seems quite clear to me.

Peter_Cook wrote: »

Although O2 accepts that it was his lack of knowledge that caused this matter, rather than any malicious intent on his part, they have been prepared to criminalise my son for his lack of knowledge regarding cancellation.

Criminalise??
It is currently a civil matter.

Surely you (and your son) understand that even without malicious intent he must pay monies owed.
Cancelling the Direct Debit was reckless.

Peter_Cook wrote: »

Having created this mess, O2 are unwilling to put his credit rating right with Experian et al.

Why should they?
By cancelling the Direct Debit, your son has deliberately stopped paying for an agreed service.

Peter_Cook wrote: »

As a result I am receiving nuisance letters from credit agencies, debt collectors and solicitors.

You are receiving these letters?
Or is it your son who is receiving these letters?
Your son should expect to receive these letters, leading to possible court action, until such time as his debt is paid.

DCFC79

Its not really an " O2 Oh dear " but more like Oh dear Son what have you done. Can't say anything else as everything else I would have said has been said. Hope he gets it sorted.