O2 - do I have a right to complain?

aw0071982

I've had an O2 contract for about 6 years, and upgraded my phone in February. (The upgrade was due in about September last year) When I upgraded, I wasn't told that this represented the start of (i.e. locked me in to ) a NEW 12 month contract - I was on the understanding that my contract was based on when it was signed, around July/August time. I wanted to change my tarriff, because I'm currently paying out on a tarriff that doesn't even slightly suit my phone needs, and doesn't exist any more, but was told i couldn;t do it then & to ring customer services because I'm an online customer.

When I rang recently, they told me I wasn't able to change my tarriff, because I was now in a new 12 month contract. I wanted to change to SIM-only, but the best they can do is change my tarriff to a different online one, still under 12 months contract.

Is this me being naive? I think I was mis-informed, and now I'm locked into another 12 months, when I might be going abroad in 3. I'm absolutely livid; I've been on O2 for 7-8 years, & was staying on O2. I think I've been treated really poorly by them, but if I complain, I'm sure I'll just get some mollifying e-mail back telling me how valued I am, blah blah blah, they can't do anything.

Should I complain/do I have grounds for complaint? Any advice would be gratefully received.

baldelectrician

They should have informed you were entring in to a new contract. You can request a copy of the call recording made when you changed your tariff.

gushussain11

Dear aw0071982 Peace

I take note of your comments and say: The Contract is in contrary to section 9.2(e) General Conditions (Section 45 of the Communication Act 2003). Minimum period is unenforceable.

Let me explain why; When varying Contract A to Contract B Pursuant to Section 9 of the General Conditions, there are some conditions that need to be met that are set in 9.2. 9.2(e) the duration of the contract, the conditions for renewal and
termination of services and of the contract; need to be stated when you are on the phone.
Pursuant to section 6.3 The Customer to be given the information set out in this paragraph, in writing, and during the sales call, in a clear, comprehensible, prominent and accurate manner.

If this did not happen you are not bound to any term and can leave or amend your contract as you choose within the limitation of the offers made by the service provider.

If they refuse to accept I would ask them to prove that they have met the conditions.

Please let me now if you require any further information.

Peaceful Regards
Gus Hussain