O2 contract problems

purpledaffodil

My daughter took advantage of a free upgrade offer in August- contract due to end in October. She was not told of any strings attached to this. She has now moved to PAYG with O2 where they assured her she was out of contract. Now contract arm of O2 are saying she has to pay £200 as by accepting the upgrade she also took on 18 months or maybe 12 months- the story varies more contract. Any ideas on how to fight this?

espresso

purpledaffodil wrote: »

My daughter took advantage of a free upgrade offer in August- contract due to end in October. She was not told of any strings attached to this. She has now moved to PAYG with O2 where they assured her she was out of contract. Now contract arm of O2 are saying she has to pay £200 as by accepting the upgrade she also took on 18 months or maybe 12 months- the story varies more contract. Any ideas on how to fight this?

Rather naive to think that getting offered a brand new upgrade handset two month early, would not extend the contract for another 12 or 18 months! She did not have to accept the upgrade handset but as it was accepted, you have agreed to the contract upgrade terms. Do you think that these handsets really are free?

:rolleyes:

purpledaffodil

Thanks for the warmth and sympathy. Yes naive, but surely these "contract upgrade terms" need to be clearly stated, preferably in writing.

espresso

purpledaffodil wrote: »

Thanks for the warmth and sympathy. Yes naive, but surely these "contract upgrade terms" need to be clearly stated, preferably in writing.

So you though that it was normal to have two free handsets in one contract period and then OK to cancel with no penalty? The offer of an upgrade was to lock you into the contract for another minimum term e.g 12 or 18 months. When I have taken a handset upgrade, it has stated in writing that the term has been extended.

:rolleyes:

purpledaffodil

It must be wonderful to be you. However, there were no written conditions. I actually posted this to see if anyone could offer advice. Not to offer an opportunity for smugness.

espresso

:rotfl:

Welcome to the real world.

reehsetin

yeah they should have something in writing at loeast just to say what talkplan is etc, sometimes its stated on the delivery note dont know about o2 in particular
but seriously common sense has to come in there somewhere!

nickmack

purpledaffodil wrote: »

My daughter took advantage of a free upgrade offer in August- contract due to end in October. She was not told of any strings attached to this. She has now moved to PAYG with O2 where they assured her she was out of contract. Now contract arm of O2 are saying she has to pay £200 as by accepting the upgrade she also took on 18 months or maybe 12 months- the story varies more contract. Any ideas on how to fight this?

It should have been explained that when the upgrade was accepted it would be subject to a 12/18 month contract. It does not necessarily have to be written to form an agreement, although often mobile providers follow up with a letter containing the T&C's.

If this was not stated, you may have some recourse. You need to take up the matter with O2 and ask them to review the call and exactly what was said.

Alec_Eiffel_2

Ask O2 to replay the tape of the call when your daughter spoke to them Whenever I've upgraded they've always made it clear that I'm entering a new contract. However I have dealt with some right muppets at O2 who have missed some key facts out of explanations, not carried out actions they promised, changed their story, etc etc. It's not beyond possibility that they weren't very clear when the offer was made.

eljmayes

Alec_Eiffel wrote: »

Ask O2 to replay the tape of the call when your daughter spoke to them Whenever I've upgraded they've always made it clear that I'm entering a new contract. However I have dealt with some right muppets at O2 who have missed some key facts out of explanations, not carried out actions they promised, changed their story, etc etc. It's not beyond possibility that they weren't very clear when the offer was made.

If they can't find/review the tape then really you do have a case- O2 aren't the best at consistency for customer services, so I would push them to listen back to the tape;).

MrRincewind

If they don`t have the tape, then it does`nt really make your case any stronger, If anything it will weaken it, If you you ask them to listen to the tape and they say they don`t have it but you believe you are being mislead by the advisor/manager,

then ask for the address you would need to write to in order for you to have all the information they hold on you, if you do this it should be a £10 charge and you must stress on the letter you want the recording and all so all notes from any accounts they hold for your daughter,

They must release this to you by law if you request it in writing,