Breach Of Contract??

[Anonymous]

Hi,

Looking for a bit of advice with regard to a recent dealing with O2. Last month I decided to drop down a tariff from a £30 per month to £25 per month as I was failing to use up any of my inclusive 600 mins. I spoke to a customer sales advisor who said he would arrange for this to be set up and I had him confirm that everything else on my contract would remain the same, e.g. blackberry bolt on texts etc.

However the new tariff took effect yesterday and after failing to be able to use the internet or receive any emails I phoned O2. They said that my blackberry bolt on had been removed and I subsquently discovered that I have lost many of the benefits of my previous tariff, e.g. International SMS being deducted from monthly allowance along with MMS. I will now have to pay to do this. I was never told at the time of dropping down a tariff that this would happen, I was simply told everything would stay the same apart from the loss of minutes and a price drop.

I am currently half way through a 24 month Blackberry contract and would like to know whether this could be considered a breach of contract since I was not in the slightest made aware that there would be these changes to my tariff and I have since had to add a blackberry bolt on to fully use my phone.

Thanks for any advice.

[Anonymous]

It sounds like a mistake to me, not a breach of contract.

Indeed it was you that wanted to vary the contract.

I suppose the question is, do you want this to be a breach of contract and what do you expect to gain if it is?

[Anonymous]

Ask them to listen to the call. If you was told that you would get X amount of minutes and X amount of texts on this new tariff, it doesn't matter about the internet usage, as they never told you that you will get it.
Firstly, you get to move back to your old tariff within 14 days, if you are still within 14 days of the tariff going through.
Secondly, so you have been put on to the £25 24 month tariff? Okay so one of two things will have happened. You will have either been put on the online tariff with a standered o2 to o2 calls bolt on, if this is the case you can swap the free o2 calls for free BB usage. Or, you may have been put on the offline tariff with no free bolt on, if this is the case, phone up and be persistant. Agents on the customer services department cannot do this, however either there manager can, or someone on the upgrades team will be able to.

[Anonymous]

I have spoken to a advisor in the cancellations department and explained the whole situation to her. She completely agreed that when changing the tariff I should have been told what the tariff was and not simply told that the tariff would be exactly the same as the one I was changing from but with a reduction in minutes and price. This has annoyed me because now the MMS and international texts are chargable. The tariff in effect was mis represented and I was ill advised, if I had been told of the contents and changes to the tariff I would not have changed it!

Having looked at my terms and conditions in my contract and in particular section 8 (i think it is section. 8.4 to be precise) in summary it states that a contract may be ended within the minimum term if changes are made within a tariff/contract that significantly disadvantages the customer and providing the customer cancels the contract within 30 days of it coming to their attention. Being as I use these features now and intend in the future I may well be seeking to end the contract.

[Anonymous]

I have also provided the date and time of my call to O2 when emailing them to make this complaint so that they can listen to the recording if necessary.

[Anonymous]

Again, what do you want to happen? Why do you want it to happen?

[Anonymous]

Well I ain't too impressed with o2 so far so would be quite prepared to cancel and go to another network.

[Anonymous]

Everyone makes mistakes, I would judge them on how they sort it. Have you followed Jawswings excellent advice?