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Unfair deal by O2

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Dear Friends,

On Thursday 16t March 2017 I ordered a Huawei pocket Wifi device.
Unfortunately it never arrived
The SIM was posted correctly but the wifi device didn't arrive despite UK mail apparently stating it posted it 'through a letter box of a white door!'
I contacted O2 on Sunday 19th March, Wed 22nd March and in the evening on Fri 24th March.

My complaints are the following:
1. The item never arrived despite whatever UK mail state and a 2nd attempt failed to arrive as well
2. O2 initiated a procedure to investigate U.K. mail but failed to send a replacement item , thereby leaving me out of business from my office for over a week as I had already cancelled my Vodafone mifi device last week. Is O2 policy to leave customers in the dark and pay for a service they haven't received?! I have been using Mobile wifi for the admin work for my clinic/surgery and I am an O2 open customer.
3. O2 told me on Wed 22nd March that they would call me back within 48hrs after investigating U.K. mail. This was stated by an O2 call handler with a South African accent (presumably overseas call centre). Absolutely no call back received from O2. I waited all day and called back on the evening on Fri 24th March to be told what I was told last week that it was apparently 'posted through a letter box' by UK Mail. But certainly not my letter box! :mad:
Essentially my issue here is failure to communicate back to a customer when promised to do so.

O2 responded to my email via a Capita contact but O2 letterhead stating in summary the following :
Apologising and upholding their mistake for failure to keep to their promise of ringing back with an update
Compensation of £25 for my 2 weeks' lack of essential access to mobile broadband which has put me behind on my admin- would you say this is sufficient ?
They have advised me to get a new device on an identical deal and they would cancel my original deal and refund all the money including the £25 compensation
They have also started to charge me monthly line rental for an item I do not have- is this breach of consumer rights?
The original cracking mobile broadband deal was only available until the end of March 2017 ,(£16 /month plus an additional 25% discount for 24months for 15GB data/month) . The similar data deal is now £24/month over 2 years. Should O2 honour their words and provide me the original deal?

Finally O2 didn't arrange recorded delivery therefore it is my word against the courier driver. Will this put me in a bad situation especially with future deals and credit ratings. I have absolutely no idea why O2 didn't use recorded delivery despite me asking for this when they agreed to deliver the replacement Huawei device
:eek:
Thank you in advance for advice/expertise

Regards

Ishy

Comments

  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ilunat wrote: »
    They have also started to charge me monthly line rental for an item I do not have- is this breach of consumer rights?
    As this was clearly a business related purchase, you don't have any consumer rights as the Consumer rights act only applies to business to consumer contracts.

    You may be able to claim for direct losses that you have incurred but this would probably only be the case if 02 knew that you were purchasing for a business and you were able to prove your losses so I would think that the £25 offered isn't a bad deal.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    ilunat wrote: »
    Compensation of £25 for my 2 weeks' lack of essential access to mobile broadband which has put me behind on my admin- would you say this is sufficient ?
    Not being funny but if internet access was essential to your business, why did you cancel your existing contract before you had the new hardware in hand and ready to set up?
    ilunat wrote: »
    as I had already cancelled my Vodafone mifi device last week.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The old "consumer broadband product's issue affecting my business, now I want compo for the time/money I've lost etc, etc" debate.

    If you want broadband for business use safe in the knowledge that you and your business will be supported should something go wrong then buy a business specific product! All the providers offer one. This is not a consumer issue.
  • ilunat
    ilunat Posts: 5 Forumite
    Thank you for your advice. In actual fact I work in health care setting and use the works PC/internet for direct work etc
    However I use the mobile broadband in an office to do private study/occasional invoicing once a month as cannot do this at home (too much distraction kids etc!) where I have my own unlimited broadband.
    Would this still technically be classed as business use?
  • ilunat
    ilunat Posts: 5 Forumite
    On a +ve note they have cancelled my old account where the device never arrived!
    Provided me a new similar contract but at a slightly higher price per month but with cashback so that it is at the same price as the original deal as not original deal was no longer available.
    Still cannot fathom why they didn't use recorded delivery or will change their policy as a company. Clearly a courier has either bagged 2 x mifi devices or posted it to a happy customer somewhere!
  • ilunat
    ilunat Posts: 5 Forumite
    I had given a cancellation note to Vodafone which would kick in by 4 weeks. Already signed to O2 a few days after this and ordinarily this would've arrived and started within 7 days. Team O2 and UK Mail unfortunately let me down - they couldn't deliver - I had given them 3weeks. From the frying pan into the fire! Vodafone abysmal experience with fraud then O2 who never delivered the contract !!:o
  • ilunat
    ilunat Posts: 5 Forumite
    My lesson is to set up any new deals instore with O2 or arrange a delivery pick up via a store!!

    Hopefully with cashback will get the original deal. But did require some high level complaints email and mention of ombudsman to get O2 to deliver what I had initially agreed with. Will see if it will materialise- still holding my breath.
    Thank you for your advice and expertise
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