iPhone5 lock

[Anonymous]

I'm currently tearing my hair out thanks to O2's policy of not unlocking the iPhone 5/their refusal to do it. I purchased my handset outright.

My question; where in their T&C's does it say they can do this? How are they able to do this when I own the handset?

[perksie]

It was published here when they went on sale, and there was a similar notice on the CPW website:

http://service.o2.co.uk/IQ/SRVS/CGI-BIN/WEBCGI.EXE?New,Kb=Companion,question=ref%28User%29:str%28Mob...

One way would be to sell it and get a sim free one from Apple.

From the O2 terms:

"5.14 Some Mobile Phones are locked to our Network. If a Mobile Phone is exclusive to us, we may never offer an unlocking service for it. If we do agree to unlock your phone, we may charge you for this service. You can get details of which Mobile Phones can be unlocked and the Charges on our Website or by calling customer service."

[Anonymous]

I purchased the handset on release day, in store.

[Anonymous]

I'm actually seriously considering Court action. As far as I can see its a breach of Competition legislation and not in line with EU directives, particularly given I own the handset outright and didn't pay a subsidised price.

[perksie]

---

@Anonymous wrote:
I purchased the handset on release day, in store.

---

You did agree to their terms unfortunately when you did that.

[Anonymous]

You purchased a LOCKED handset. That's what you bought in the store.

If I remember correctly - section 5.9 is about unlocking handsets but I think it is just about the cost. There is also a section about O2's right to add or remove services and the unlocking of a handset restricted to the network would surely count as a service which O2 may or may not provide.

But if you are seriously considering court action then you are wasting your time.

[Anonymous]

I did purchase a locked handset but the EU require that handsets can be unlocked.

[Anonymous]

That's interesting - I didn't know that. I would like to see the actual wording of it though cause I can assure you O2 (a company with 22 million customers) wouldn't make a decision which defied the law, so they will be complying with it.

[Anonymous]

Two interesting pieces of information;
http://europa.eu/rapid/press-release_IP-96-791_en.htm

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/mobfaq3.htm

The first suggests that companies must make it possible for consumers to unlock phones (to allow fair competition, something I feel a blanket restriction by O2 fails to do)

Second also suggests that Unlock should be allowed when subsidy is paid. Given I paid £730 for my handset, no subsidy remains.

Their justification of stock protection is unfair on consumers who own the handset and have done for nearly 6 months.

[Liquid]

An interesting concept:)