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o2 ripping me off by not honouring their (recorded) promises.

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mark2jag
mark2jag Posts: 28 Forumite
Part of the Furniture 10 Posts Combo Breaker
Its quite easy to get emotional when you deal with a company and they start messing you about, but im going to try and just present the facts and see if anyone can help me, maybe even O2 themselves, but I doubt it.

25th of May this year sees me buying a new phone as an upgrade. the phone was a Samsung Galaxy S7 Edge. At the time i was still in contract with my old phone. O2 wanted £270 from me to basically buy out my contract and get the new handset.
At the time of purchase I was quite clear in my dealing s with the bod on the phone (yes bought over the phone, not in store..)and I SPECIFICALLY ASKED if I could revert back to my old contract and whether the money I had paid would be refunded if I did not like the S7 Edge,which I don't.... I was told this was a yes, and that it would be no problem. I did not make the person I spoke to aware that I was recording the call, as I did not think it would be an issue. I have spoken to several O2 customer services people and on at least 3 occasions (Recorded) I have them on record as saying doing what I wanted would not be a problem.
Today O2 confirmed to me they had had my phone back via the post and that it was in good order and that they would revert my contract back to what it was before I bought my upgrade. I enquired what would happen to my £270 and they told me that they would not be giving me my money back as I had effectively bought out my contract, even though i wanted to REVERT BACK TO THE WAY IT WAS. O2 then said they could not help me and basically put the phone down
Unhappy at this state of affairs I phoned back and was told a different story this time. This time i was told I can have my money back, and to get it I would have to make a claim through my bank. They did warn me at that time however, that If i did that they would cancel my contract and vigorously pursue me for the £270 which I would in effect now owe them. I asked them to raise this through the Complaints escalation team, and a person from that team did ring me back and then told me that I could do as above but they would actively chase me for the money, which is in effect, mine. I mentioned escalation and was told this is as far as it goes, you cant do anything else, stop trying. I mentioned OFCOM and it was all he could do not to laugh at me.
I mentioned a small claims court and told him I would be looking for a respondent to address my issues to, and was told I have no chance and again that course of action will not result in a positive outcome for myself.

Can somebody, maybe even O2 themselves help me here. I have the !!!!!!s on tape admitting that I can revert and get my money back a number of times, and STILL they are being difficult.

It would seem O2 sales will say absolutely ANYTHING to get you to sign on the dotted line. I think I have been deliberately LIED TO and theres apparently not a damn thing I can do about it.


Help, please, somebody, anybody
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Comments

  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    If you took them to court your evidence wouldn't be valid, as you failed to disclose and could be seen to of been leading
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • Castle
    Castle Posts: 4,747 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Send a Subject Access Request to O2, (cost £10), and ask for transcripts of all telephone conversation as well as all other data kept on you. As for your recording, you could always transcribe it onto paper which would be allowable in court.
  • mark2jag
    mark2jag Posts: 28 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I would just like to say a big thank you to Castle. Had he not posted the information with regards to taped conversations being legal if they are transfered to paper I would never have known as for the subject access request I didn't think they recorded all their Calls even though I have recorded all mine thank you once again for your time and effort.
    Apologies for the poor grammar and the lack of capitalisation however Google Voice is not very good at that
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    Castle wrote: »
    Send a Subject Access Request to O2, (cost £10), and ask for transcripts of all telephone conversation as well as all other data kept on you. As for your recording, you could always transcribe it onto paper which would be allowable in court.



    And you work that how, the transcript wouldn't be valid due to how it was obtained
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • mark2jag
    mark2jag Posts: 28 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    chanz4 wrote: »
    And you work that how, the transcript wouldn't be valid due to how it was obtained
    Right, so which is correct, hmmmmm...
  • MikeWhite
    MikeWhite Posts: 622 Forumite
    Part of the Furniture 500 Posts Name Dropper
    mark2jag wrote: »
    Right, so which is correct, hmmmmm...

    I thought (perhaps naively) that as long as one party stated the call may be recorded, it was legal? Every time I ever call a call centre they always start with that....
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    mark2jag wrote: »
    Right, so which is correct, hmmmmm...



    http://news.bbc.co.uk/1/hi/magazine/4801072.stm
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • sparky93
    sparky93 Posts: 393 Forumite
    Part of the Furniture 100 Posts
    There are a few other examples where recording a phone call is allowed. The Telecommunications Regulations 2000 allows companies to record calls to:

    • provide evidence of a business transaction
  • Stevie_Palimo
    Stevie_Palimo Posts: 3,306 Forumite
    1,000 Posts Combo Breaker
    sparky93 wrote: »
    There are a few other examples where recording a phone call is allowed. The Telecommunications Regulations 2000 allows companies to record calls to:

    • provide evidence of a business transaction

    It is normally used to train new staff and to listen to from the Companies end should a complaint be made a customer, OP fighting a losing battle comes to mind here.
  • MataNui
    MataNui Posts: 1,075 Forumite
    There is some absolute crap on this post. Anyone is entitled to record ANY conversation to which they are a party. You DO NOT have to disclose that you are doing so. This isnt limited to phone calls but also applies to face to face meetings too.

    The only limitations are that is is for your own records. You cannot publish either the recording or transcript of the recording without permission from the other party. The rule most people are quoting that you need to disclose the fact ONLY applies to businesses that record your calls.

    If you are making a complaint you could supply the transcript to O2 as part of that complaint regardless. This alone might make them realize they cant mess you about.

    Additionally you would in either case be able to include quotes from the call in a complaint to the ombudsman or court and reference them as coming from a recording of the conversation on that date. Obviously in a court case then either the solicitor for O2 would have to accept the quotes were correct or allow the entire transcript to be read out. This is what happened in the 'plebgate' case.
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