02 breaking contract law

[Anonymous]

When my current phone stopped recieving texts I decided to upgrade to the iphone 4 32GB. After speaking to the upgrade dept they offered me a 2 yr contract with iphone4 and said the cost of the phone was £119, I thought this was great and asked if it was definately the 32GB version which they confirmed it was.
When the phone arrived it was the 16GB version so I phoned to get this sorted, Aparently I have to send the phone back to cancel the contract and then renegotiate a deal, but they couldn't promise I would get the same deal and may have to pay more as they state their computer says I should have the 16GB phone.
I pointed out that I had made a contract with them and they have broken the contract by not providing what we had agreed on, I also recommended they check the phone recordings for proof.
They then came back with the excuse that all calls made at the weekend are taken by a third party support dept that doesn't record it's calls (Sounds like an excuse to back out of the contract), and.... yep you guessed it, I have to send the phone back to cancel the contract and then renegotiate a deal, but they couldn't promise I would get the same deal and may have to pay more.
As returning the phone will cancel the contract I assume I will no longer have any legal standpoint.
Can anyone please help advise on this situation.
Thanks in advance

[Anonymous]

Well you have now been made aware that you get to return your phone within 14 days, so if you keep hold of it, then their is almost no chance of returning it.
The call will more than likely have been recorded, from what they said to you regarding the recording it sounds as though it may have been done by the upgrades department who work for o2 through a contractor.
Even if they have recorded the call, I don't think they are legally obliged to offer you the 32GB.
I think you best bet would be to write a letter or an email to o2 about this though.

[Anonymous]

They have to say all that stuff as a matter of course just to cover their backs.

Get the phone down to the post office asap and send it back 1st class recorded delivery.

Once it's recorded as received by o2 you can just do the upgrade again, this time ensuring it's the 32GB phone.

You'll get the same deal again because the iphone prices are all set in stone, the don't vary, even on upgrades.

[Anonymous]

DON'T use 1st Class Recorded delivery. Its not insured and doesn't provide tracking. So if its lost by Royal Mail, you'll only get under £40 back.
Use Special Delivery, it will be insured, trackable and guarantee to get there next working day.

[Anonymous]

Thanks for that prking, The phone is now on it's way back to O2, a letter has been sent to the complaints dept stating that I expect the contract to be honoured. I have also recieved advice from and loged the issue with otelo (the ombudsmam). Weirdly they also recommended I log the complaint with consumer direct (a government dept that deals with broken contracts). Both had advised to send the phone back and request a replacement as per the agreement and both said that O2 will have a copy of the phone call as the upgrade dept has to deal with contracts and need these to keep themselves safe.
O2 are now sending me a form to request copies of all conversations that I've had regarding this situation.

On a slightly different note, the problem that started this all was my phone not recieving messages, O2 claimed it was my old phone at fault. The phone started recieving texts again when O2 wanted to know how happy I was with how they delt with the problem. So the problem was with the O2 network all along and not the phone.

[Anonymous]

I finally heard back from Helena in the complaints review dept who once again stuck to the same company line as every other drone I've spoken too (the phrase "computer says NO" comes to mind). She even tried to claim they were doing me a favour by letting me out of the contract!
It is obvious that O2 don't understand such basics as contract law and customer service and behave like cowboy traders, so both my wife and I are off to another service provider.

[Anonymous]

I realise you are frustrated, but is there any need for the insults in your post? That sort of thing does nothing to resolve the situation.

As you feel so strongly, why aren't you following the OTELO complaints procedure?

[Anonymous]

There's something missing from this story.

It's a simple enough mistake for an upgrades advisor to send the wrong handset out, these things happen (16gb instead of 32gb, white instead of black etc) and the 'send the phone back then speak to upgrades once it's received to process the order again' instruction is correct.

Now in normal circumstances, despite the inconvenience, I wouldn't expect the complaints team to need to get involved. Too be honest after I read all the stuff about logging complaints with Otelo, Consumer Direct etc I just thought...Mountain out of a molehill, it's life, get on with it.

Why are we suddenly talking about being let out of a contract? 😐

[Anonymous]

I think its just that people react in different ways. Like you, I would realise that a mistake had been made and be happy with an apology and the correct phone. Some people do take it very seriously, almost personally.

I think the issue here, is that the OP is unable to get the deal he was expecting. I imagine that the complaints review team have looked at what happened and have either reached the conclusion that the OP is mistaken or that the original deal cannot be honoured. Frustrating, yes, but not a breach of any law as they are willing to put the OP back in the position he was to start with.

[Anonymous]

I finally heard back from Helena in the complaints review dept who once again stuck to the same company line as every other drone I've spoken too (the phrase "computer says NO" comes to mind). She even tried to claim they were doing me a favour by letting me out of the contract!
It is obvious that O2 don't understand such basics as contract law and customer service and behave like cowboy traders, so both my wife and I are off to another service provider.

I am not a huge fan of the CRS but you need to keep it real. O2 or their representative have cocked up and presumably, if Helena is the last word in O2 customer service they are not prepared to entertain your demands. The best way to hurt them is to take your business elsewhere. That said, I wouldn't do anything until you have heard the recordings and are completely sure of your position. I would be inclined then to escalate the complaint. Good luck and keep us informed.