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O2 renewed contract without consent

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This is probably a unique circumstance which is why I am turnin gto these forums for advice, as I cannot find anything in O2 T's & C's applicable to my problem.

Back in 2014 my partner failed a credit check to obtain a mobile phone contract with O2, so I agreed to take out the contract for her. The contract was in my name but the DD was setup through her bank account. All was fine until we recently split.

I phoned O2 to cancel the contract as the 2 year term had expired in April this year and they told me she had upgraded the handset and my new contract didn't expire until May 2017.

I challenged this as I had no knowledge of the upgrade and the new contract was setup without my consent.

The response I got from O2 was that the upgrade was done via carphone warehouse and they would not need me to be present for the upgrade nor would they need my consent to do it.

So I am now stuck with a new contract that could potentially be upgraded again at an time without my permission or knowledge.

O2 are telling me I have 2 options available. Either terminate the contract in its entirety and pay for the cancellation fees £700.00 or keep the contract going and hope my ex partner doesn't do the same again.

Does anyone here know if O2 are advising me correctly?

Thank you in advance for any advice.

Comments

  • Jon_01
    Jon_01 Posts: 5,872 Forumite
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    If you set your partner up as a third party with access to the account, then yes, O2 are right. They could upgrade without you being there or giving consent.

    If your partner didn't have account access then they're wrong and shouldn't have allowed CPW to perform the upgrade...
  • boatman
    boatman Posts: 4,699 Forumite
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    Can't you just transfer the account into their name.

    mark.evans@o2.com, ceo at o2.
    Try that email address, see how you get on.
  • Darren_Lee
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    Thanks for the response. I did not give my ex any access to my account. She does not know any passwords. O2 are hiding behind Carphone Warehouse saying I need to take it up with them. I have not yet spoken to Carphone warehouse but I am pretty dam sure I know what kind of response I will get. They will hide behind O2.
    My ex is willing to take ownership of the account but O2 will not allow the account to be transferred. I either keep the existing account going until the term expires in May 2017 or pay the early termination fee of £700.00
  • Jon_01
    Jon_01 Posts: 5,872 Forumite
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    If your ex doesn't have third part access then CPW are in the wrong for allowing her to perform the upgrade. I don't know if CPW have direct access to the O2 systems or if they have to call. But at some point it should have flagged up that the customer in store was female and the acc is in a man's name!

    You need to ask CPW what checks were made in the store...
  • System
    System Posts: 178,106 Community Admin
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    Your consent was needed to make any changes to the contract (including upgrading)
    The fact that she is a user of the account doesn't make her party to the contract.

    I would pursue this via O2 - the fact that your ex made an unauthorised upgrade is neither here nor there.
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