Advice on dealing with insurers (O2 Insure)

bringmeshoes

Cavey wrote: »

Companies will try to get away with anything until someone challenges them. Look what happened over bank charges. The legal advice you get may be "You're screwed", "I have no idea, it has never been tested" or may be "Well there's no precedent, so let's make things better".

A quick google later I found there was a bill relating to unfair contract terms in 1977 which I think was updated in 2003 and might now be this -

Unfair Contract Terms Bill at Lawcom.gov.uk

Part 2 is the useful bit on consumer contracts. Has fun things such as



Section 4 then has 5 further sub-sections of what isn't included in subsection 1. 3, 5 and 6 are price related, 4 says the term stands if it is enshrined in law covers initial definitions (the bit at the start of the contract where it defines "You", "Us" etc...), so if you think this term is unfair or unreasonable it could be that it should not apply.

Clearly, I'm not a legal expert and don't have a knowledge of case law, but there was a story on Out-law with the headline "Unfair insurance law should be changed, says Law Commission". So who knows, perhaps this clause that the customer has to have a Police number for a lost phone and that it must be reported within 48 hours could actually be unfair and the companies could be taking us for a ride.

they could rely on the fact they think people are ignorant to the law and to be fair most of us probably are to things like this and don't always read the small print. i know a gym by me set out to prove this and on their new contracts they put in a clause that the customer had to run naked across a local bridge, to see if anyone picked up on it, of course they didnt try to enforce it they just wanted to prove how important it is to read small print before you sign

nicholas_2580

Iphone was stolen made an insurance claim on Saturday morning,


Monday talked with them ASSURED me they have the Iphone 3g 8GB on stock and will send it by Wednesday.

Receive my package but instead of an iPhone they sent me a very old Samsung.

Called them back demanded i speak with the supervisor he said they dont have it on stock so and they made a mistake sending me the Samsung. I demanded that i have an iphone 3g 8gb sent to me right at this moment. Refused saying they dont have it in stock but they will within 1 month.

Told the supervisor i am going to record this conversation he said OK NO PROB. While presenting the facts to him and clarifying the legal mistakes they are making by lying about having it in stock and sending me a wrong handset he ACCIDENTALY aknowledged the fact that THEY BREACHED THE TERMS OF THE CONTRACT ON THEIR BEHALF. Told him that he said that and said ''I MADE A MISTAKE I DIDNT MEAN THAT''. Then i told him i am going to sue you and i have this as a proof. I need a newer model shipped today if you dont have the 3g 8gb on stock. He said i am going to have to wait for 1 month or so and if i want i can make a complaint.

Asked him if he knew the basic business principles and he said yes i do and i dont find any mistakes in the service provided. He even implied that i did received an iphone as a replacement but i am claiming that i received a samsung to get 2 iphones. That was it.


I called Marsh Ltd, the company that deals with the o2 insure directly and asked them for their legal information because i am preparing my lawsuit. They connected me with a manager of Marsh and he asked me why do i want to file a lawsuit. Explained that i have the recordings and the situation filed.

10 minutes after we hang up i got a phone call from him saying that i will receive in 12 hours a BRAND NEW IPHONE 3GS 16GB for free and apologised on behalf of the other managers as they seemed very uneducated on their field of profession.


The last gentleman mr Alan a manager seemed bery professional and responsible but beware if you come accross such a situation please make your research before claiming anything as the other managers are of very low intelecctual level.

I am just 18 years old but i managed to collect information about Marsh. Ltd and read lots of business terms before calling them to make sure i sound professional and that i know how to stand my ground and that i am not just an idiot customer that doesnt know how to flip a light switch on.



Please do your research and learn the business glossary before calling them.


P.S: The first and second supervisor told me they are going to call me back never did so i contacted O2 insure to reach them but a rude Customer Service representative told me that he cannot tell me where they are nor when they are going to call me back and that i terminate this call now. I told him that he should know that i am paying for his salary and that i need NUMBERS and not ''I DONT KNOW'' types of answers. Had him recorder too and i am going to report him as well.

Also told the supervisor that first of all an UNSATISFIED customer is the worst example of advertisement for their products as if they did not replace my handset like mr. Alan did(the kind manager of Marsh that is the only responsible person if you ask me), i would have had told to all my network not to use o2 insure which would cost them about 10000 pounds worth of insurances at least 20 times more the actual worth of the handset. Also when he told me to make a complaint and i will receive a reply within 1 week i told him that making a complaint is like saying to myself ''I AM THE DUMBEST PERSON ON EARTH FOR PAYING 10 QUID EACH MONTH FOR THIS SERVICE''.

Use this while claiming something from o2 because they are rather uneducated on various aspects of their profession and they need an 18year old that cant speak proper english like me , to explain them how to practise business.



VERY UNSATTISFIED FROM O2 INSURE VERY SATISFIED FROM MARSH LTD MANAGER MR ALAN.

but after i threatened with lawsuit:)

they really believed that an 18 year old can file a lawsuit???;p

inahole_2

I am trying to claim for my phone that I lost on Monday. I have now spent 3 hours (over 2 days) on the phone (from my landline) trying to sort this out. Basically, the systems have 'conveniently' been down at 02 on both days and when I called back I spoke to an extremely rude man who attitude was very flippant. I am sick of being passed from Customer services to insurance dept and then back again. By the time this idiot had finished last night the insurance dept was closed at 7pm. So I have called today and their systems are down again!!!

My problem is that I lent my sis my mobile a few months ago and I switched to a cheap samsung. I needed it back so we met up the other night and swapped back. My phone was flat but I put my sim card in so I didn't lose it. On the way back my other sis called my friend as she wanted to speak to me but couldn't get through. THis is when I realised that I had lost my phone as I automatically went into my pocket for it.

Surely it is up to me if I want to lend out my handset?? I am aware of the risk if it does get lost whilst not holding MY sim card - but it had mine in when it was lost - surely they could tell this from their end - even though the battery was flat???

The guy who I spoke to last night said that there had been activity on the phone I had been using (not mine) and I agreed but said that we had swapped back and my sim card was in my phone. I have not been able to make calls/send messages since Thursday last week as I have had a big fall out with 02 and they have barred outgoing activities.

This guy basically called me a liar and said that my sim was not in my samsung - how do I prove it was??? It is laughable with these insurances - take your premiums but will try and get out of paying up when you claim - bearing in mind that it has cost £6x18mth =£108 - and it looks like it's not worth the paper it's written on. You live and learn.

What can I do????????As 2 days later still no phone or claim started!! :mad:

Jon_01

If you placed your sim in the phone but didn't switch it on then the network won't have logged anything.
When a mobile comes on the network loges the IMEI (that how we block stolen phones). So without switching on the phone the last IMEI logged will be your other phone.
I believe that the insurance will only cover you if the phone being claimed for is active with, if that phone hasn't been logged by the network in a while they will contest the claim...