Unfair charging on leased handset return

[Anonymous]

The lease deals are great for small businesses - a new handset every year for a decent price. All you have to do is pay the bill and keep the handset safe until you send it back. They even provide a cover to help prevent scratches etc! Ideal eh?

Sent my iPhone 5S back in Jan, having had it for a year. The case 02 provided (which looked awful from the start, but I diligently used it, as requested in the contract) had left the phone open to the elements. I am fairly careful with my phones so it wasnt as bad as it could have been, but there were a few nicks on the back caseing.

Concerned that this would leave me open to costs, I sent the handset back with the cover still on. The iPhone 4 I'd had the year before had been sent back immaculate (better case from 02) so I was pretty disappointed in the state of this one, but fairly sure it wasnt down to my usage, after all, I hadn't done anything differently!

Couple of weeks later I get a bill for £60, to pay for damage to the handset. Annoyed, I get on the phone to 02, only to be told 'well, what do you expect us to do? You didnt have to use the case.'

So I'm 60 quid up the swanny, and there's nothing I can do? All because I followed the instructions of my contract?

Thanks very much 02!!

[jonsie]

One of the major problems about leasing a phone. Quite a few people have had to pay silly money for cosmetic damage which is one reason I would never lease.

http://community.o2.co.uk/t5/Other-Products-Services/Ripped-off-by-O2-on-returned-lease-phone/m-p/68...

http://community.o2.co.uk/t5/Discussions-Feedback/Charged-228-for-a-returned-lease-phone/m-p/422986/...

[MI5]

It sounds harsh but there was damage, by your own admission. Maybe leasing isn't the best option for you in future?

[Anonymous]

@Anonymous , the OP has stated the phone was damaged, that wasn't the problem. The problem is the OP thinks the case they were supplied with by O2, if better, would have protected the phone, avoiding these costs.

The OP was told to use the case, and so did, and O2 appear to have then said 'you should have used a better case'. 

[Anonymous]

@Anonymous

This is why I asked if they took time/date stamped pictures. To show the condition of the handset when accepting it ,and to show the condition on sending it back.

It's possible more damage was caused in transit or possibly at their return depot. Having pictures would have been useful to refute damage that wasn't caused by them. That was my thinking anyway.

Personally if a case looks not fit for purpose and am aware of potential costs for damage then I possibly would have fitted a more fit for purpose one. Im aware the op says that's what the contract said, but still.

[Bambino]

The OP, in good faith, used a case that O2 provided. If there was subsequent damage to the phone because that case was inferior, why should the OP be responsible for that? If O2 don't want their leased phones damaged, they should provide cases that offer proper protection.

The OP was paying enough for the lease of the phone. Why should they be further out of pocket by having to pay for a case that would offer more protection if O2 couldn't be bothered to do that themselves?

[Beenherebefore]

There is also the element, in any lease agreement, of fair, wear and tear.....what does the contract state as regards that ?

[Anonymous]

@Anonymous

It may be interesting to know what type of case was supplied with the handset to see if it would / should have provided adequate protection.

[Anonymous]

Stupidly didnt take a pic of the phone, but this is the sort of thing that was supplied- just a basic bumper case - rubber outer, thin plastic back. (Obviously not pink...)

Over the course of the year the rubber surround obviously stretches out of shape, so the plastic back doesn't fit tightly to the phone. This leaves the back open to dirt etc getting in and getting trapped between phone and case (as happened to mine) and scratching the handset. 

Perviously, O2 supplied a brilliant hard plastic shell case. Yes, it made the phone a lot bigger, but it was rock solid and 100% safe. They probably had complaints from people who didnt get the sleek iphone experience, but there was no damage, and it certainly didnt cost £60 for the priviledge! 

[Beenherebefore]

Some lease contract terms stipulating the degree of fair, wear and tear have been ruled as unfair contract terms.