O2 leaving early - or not.

MrGentlyBenevolent

I ordered 2 sim only on a 12month contract with o2 in September 2022.
This continued to run till November 2024 when I or o2 was hacked and I was sim swapped with an esim (Which I didn't know existed and neither did my bank security advisor!!)

O2 then (after a lot of phone calls where they were unable to tell me how it had happened; whether it was an inside job, someone phoning pretending to be and asking for an esim, or a hacked account) issued me with a new sim and I had to accept a new contract for 24 months for both sims. I got a measly £10 compensation for the hassle they put me through.

I missed the 30 days deadline at the announcement of the price hike, when I asked O2 for my pac codes, I was told I would get a refund for any unused part of the month. Then when I moved to Ecotalk (EE) I got a demand for an early termination fee.

The original contract (2022) says :

"Your airtime contract will continue until such time you choose to upgrade or leave." So I was under the impression that once the 12months was up I could give a months notice to cancel."

Only one phone was subject to a sim swap hack, so does that contract still apply?

"You can end your contract following a change from O2 that will result in a non-beneficial change without having to pay an Early Termination Charge (if applicable)."

Do I have any wriggle room to argue that the early termination charge does not apply?

Any legal eagles out there who can advise?

TIA

Woodstok2000

You signed up to a 24 month contract in Nov 24, so that ends in Nov 26. Leaving before that will incur a fee, unless there was an uncontracted price rise.

Once the price rise was announced, you have 30 days to let them know youre leaving. Miss that timeliness, and a fee applies.

peteuk

Original 12 Month contract, Oct £22 was that split for cost of phone/sim? Once that contract was up did you change it?
The yearly price rise is usually in the contract, so therefore you would have had to wait until the end of the contract before moving.

As above new 24 month contract in Nov 24 so therefore you were contracted until Nov 26.

Not sure why you were so fused about an eSIM )I get it was changed without your knowledge. if you contacted them at the end of the first 12 m contract and changed the tariff then that is when they may have put you on a eSIM.

MrGentlyBenevolent

https://forums.moneysavingexpert.com/discussion/comment/81935735#Comment_81935735

If a new contract was taken out for the replacement sim after one phone was hacked, then would the second sim still be running under the original 12th month contract.

If we hadn't been hacked then does the original contract just roll one without a fixed contract period eg.
started september 2022 so in mid 2024 I could have cancelled with early exit fees?

Is my understanding of this correct?

Frozen_up_north

A fixed term SIM contract becomes a 30 day rolling contract when you reach the end of the minimum term, ie from month 24 onwards.

With so many “non contract” deals around at good prices, I am surprised anyone opts to be tied to 12 or 24 month contracts which often include annual increases above inflation too. GiffGaff are every bit as good as O2, likewise 1p Mobile are just as good as EE. In the case of 1p, you can enable 2 factor authentication by email code to minimise the risk from hackers.

peteuk

https://forums.moneysavingexpert.com/discussion/comment/81936930#Comment_81936930

No…

You original contract for 12 months taken in 2022, would be out of contract in Sept 2023. At which point it becomes an out of contract provision, which you can cancel with 30 days notice and no early exit fees (as you’ve for filled your contract)

My question was at this point did you change it to a lower tariff? The eSIM is a red herring as it seems there was either no or a short term contract. Had it been on a longer (24/38 month contract) you wouldn’t have been able to take out a new contract in Nov 24 for 24 months.

You didn’t have to take out a new contract - it was your choice, you could have continued with the “eSIM” provision, given that you didn’t notice the change then it suggests the provision was the same as your sim provision.

MrGentlyBenevolent

https://forums.moneysavingexpert.com/discussion/comment/81937453#Comment_81937453

I agree with your first paragraph, which is what I am arguing with O2, that I should not be liable for an early termination fee, and according to O2 at the time, I WASN'T able to continue with the original contract,, as it had been terminated by the hacker!!!
Either they have missold me a new contract, if there was a choice, or they have left worse off by obliging me to take out a new and longer contract, (M'lud!)

peteuk

You took out a contract in Nov 2024 for 24 months, therefore the terms and conditions of that contract applies. To cancel that contract you will need to pay an early termination, they are well within their rights to ask for the rest of the contract.

Your argument shouldn’t be about the termination/exit fees, there is no wriggle room. But I would ask why you were sold new contracts given the alleged hack.

JSmithy45AD

https://forums.moneysavingexpert.com/discussion/comment/81938530#Comment_81938530

I would ask why they accepted new contracts given the alleged hack.

MrGentlyBenevolent

I have had a long conversation with an o2 support, and I've put my case regarding the change of contract at the time of the hack. It's been passed to their fraud department (who were useless at the time, they were unable to tell me how the sim swap happened) and I am waiting to hear from them.

Thanks for all responses.

peteuk

https://forums.moneysavingexpert.com/discussion/comment/81938691#Comment_81938691

Looking at this again, what’s the fraud issue?

Did you continue to have access to text, data, calls or where you billed for someone else’s calls eg the eSIM was applied to another phone? If its a case of the eSIM was on your phone and you used the data, calls, text then there is no fraud and so the fraud team will not be able to help.

If the eSIM was applied to another phone, then to retrieve it back to your handset would be reliant on it still being in your name, address. But reading your original post it doesn’t suggest this is the case. Your swap to an eSIM May have been triggered by either a system migration, a new contract upgrade, or a potential security issue.

Will be interesting to hear the outcome.

To add here’s my son’s experience. He has a phone which was taken out on his mother’s name (as a second line). He is now 20 and wants a new phone but wants to keep his number. He went online ordered a new phone and contract and requested to port his number. Two days later EE called him advised they were cancelling the new order/contract, as he doesn’t own the number.