O2 Unable to supply unlock code for phone

ronprowse

Sorry for the long description
In in June 2013 i brought a phone (note 2) outright from a store in Oxford paid cash.
used the phone until i started to get reverse text messages from some games company in SA that was costing me money (i did not sign up for anything), Spoke to O2 about barring premium rate services to prevent this but they said they could not help.
Decided to move network in early Oct so asked for unlock code for my phone, O2 supplied the code but it was the wrong code, tried it two times before holding off trying a third time to prevent it becoming a brick.
Called O2 many times and wrote a complaint letter letter in which i told them i would not settled the outstanding £59 until this was resolved, when calling O2 I got passed to many different people some saying it’s a PAYG phone, personally i did not care I sited trading standards as it was brought from them, i just wanted the thing unlocked, they then said they would get another unlock code which never came by now I had waited over a month, after many calls they offered to replace the phone with on unlocked already.
The replacement phone arrived but it was still locked to O2 network, so back to square one again, a few days after I got a letter saying sorry and that they would send the unlock code, it never arrived.
After waiting another 4 weeks I took the new phone to a local shop and had it unlocked for £20, I then wrote to them breakout the poor customer service and their failing to resolve this issue I also said that I was not impressed buy them trying to recover the outstanding bill as there was a dispute ongoing. I set out that I had taken the phone and had it unlocked in 30mins something they was unable to do in 2 months and that I was going to raise this issue with the ombudsmen as well as create a case with the small claim court. I layed out that if I had to go to small claim I would be charging £25 each for the letters and other incurred costs and 8% interest on any outstanding balances as their goons had tried it on with 12%, this meant they oue me £6. I also said I would be happy to pay the balance less my unlock cost e.g £38 if this was settled within 14 days
I spoke with O2 four days ago as I have had no reply from my second letter (recorded next day) and was told that they would credit me with £20 the cost of the unlock, I called again today and they had rejected the £20 credit the member of staff had requested.
So what’s my next move, am I correct in taking this up with the Ombudsman and what about the goons trying to recover the money, they tried calling and asked me to go over security questions which I had at O2 this I refused as I did not know who they was, that was the end of the call.

grumbler

ronprowse wrote: »

...i brought a phone (note 2) outright from a store...
...it was brought from them...

>> The word pedants’ top 10

Spoke to O2 about barring premium rate services to prevent this but they said they could not help.

They lied, but what does this have to do with unlocking? This does deserve a complaint.

... I was going to raise this issue with the ombudsmen as well as create a case with the small claim court. I layed out that if I had to go to small claim I would be charging £25 each for the letters and other incurred costs and 8% interest on any outstanding balances as their goons had tried it on with 12%, this meant they oue me £6. I also said I would be happy to pay the balance less my unlock cost e.g £38 if this was settled within 14 days
I spoke with O2 four days ago as I have had no reply from my second letter (recorded next day) and was told that they would credit me with £20 the cost of the unlock, I called again today and they had rejected the £20 credit the member of staff had requested.
So what’s my next move, am I correct in taking this up with the Ombudsman

Good luck with this.
I don't know any law or regulations obliging a network to unlock phones, but you can complain about getting runaround.

gjchester

ronprowse wrote: »

Sorry for the long description
In in June 2013 i brought a phone (note 2) outright from a store in Oxford paid cash.

Possibly asking a silly question but it was new and from an O2 store it was bought from? I think it was but it's not clear.

If I read the post correctly (you seem to miss some bits out early, that you seem to reference later) then by not paying the outstanding bill for services, (the unlocking would not have been related to the contract as clearly that worked fine even if you got texts that were charged), then you broke the contract not O2, so your are in the wrong. The 'goons' comment may mean that the bad debt has already been sold on to debt collectors, who are the ones who are requesting payment.

ronprowse wrote: »

So what’s my next move, am I correct in taking this up with the Ombudsman and what about the goons trying to recover the money, they tried calling and asked me to go over security questions which I had at O2 this I refused as I did not know who they was, that was the end of the call.

The problem is as far as I know you have no right to an unlock code. The networks offer the service, and are obliged to try and unlock a phone at the end of the contract, but that's a service to the original purchaser.

As there's no legal right to an unlock code then O2 can rightly say they do not owe you for a service they do not have to provide. And good will offer (the £20 mentioned) would have been goodwill, not a right, and if they have withdrawn that goodwill you cannot force them to provide it.

If you really want to persue it you'd probably need to go to the small claims court, the ombudsmen generally don't deal with contract disputes, but its by no means cut and dried as O2 are not legally bound to provide the code.

Poor customer service isn't a crime, although they may lose you as a customer regardless.