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Mis sold '7 day cooling off period'

Anonymous
Not applicable

Hi all,

In January 2013 I took my contracted O2 Blackberry Bold 9900 into the Ashington O2 store with the problem I was receiving no signal at all in my new home. Upon looking over the phone, the sales rep went off his own intuition and told me it was a fault with my handset and advised me it was time for an upgrade. I asked if there was anything I could do to fix the phone as it was still in warranty (only 8 month old); he told me I could have it sent off to be repaired, however there was an 'amazing 1 day super deal on the iPhone 5 - 30% off the contract & upfront cost'. I had always wanted an iPhone 5 and at £35 upfront and only £28 per month it was now in my price range.
After looking over what I would get - Ultd mins & txt, 2GB. I decided it really was an amazing deal. I was assured by the same sales rep that the 2GB was more than enough to even watch Netflix. I was also told I would have a '7 day cooling off period' where if I found the phone or contract was not for me, I could go back into the store and I would be put back onto my old contract and have my Blackberry repaired.

I took out the new contract.

When I got home, I discovered I was still receiving no signal, however I was in other areas. It was obvious to me I had been lied to - my Blackberry wasn't faulty and my new home must have been in a poor signal coverage area. The next day I was on a bus and watched a 2 x 50 minute episodes on Netflix, shortly after I received a text from O2 saying I had nearly used all of my data allowance - I checked and I had used 1.7GB - so obviously 2GB wouldn't have been enough data to watch Netflix on a regular basis.

Later that day I went back to the O2 store, with the phone factory reset and all packed away how I had received it. My intention to go back on to my old contract and have my Blackberry repaired. 

I was told 'there is no 7 day cooling off period' and that I am stuck with a contact for another 2 years, which I can't even use in my home.

I have contacted pretty much all of O2's customer service departments. None of them are willing to help me with this. I am still being mugged off 6 months down the line! They're saying they have no power to cancel it, even if they did they wouldn't because it's my word against theirs.

In my opinion, this is absolutely appalling.

Does anyone have any suggestions for me?

Thanks in advance


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Anonymous
Not applicable
Hi and welcome to the forum.

Watching services such as Netflix is ok on wifi but not on 3G !

I'm guessing the amazing 1 day offer was the manager if the store needing to hit his or her target.

It was up to you at this time to accept the deal on the handset and tariff.

If you returned to the shop within the cooling off period then you would have been entitled to return the hardware and cancel the contract.

You will need to follow 02's complaint procedure through an online form.

http://service.o2.co.uk/IQ/SRVS/CGI-BIN/WEBCGI.EXE?New,Kb=Companion,question=ref(User):str(Mobile),C...
Message 2 of 16
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Anonymous
Not applicable
Hi and welcome to the forum.

Watching services such as Netflix is ok on wifi but not on 3G !

I'm guessing the amazing 1 day offer was the manager if the store needing to hit his or her target.

It was up to you at this time to accept the deal on the handset and tariff.

If you returned to the shop within the cooling off period then you would have been entitled to return the hardware and cancel the contract.

You will need to follow 02's complaint procedure through an online form.

http://service.o2.co.uk/IQ/SRVS/CGI-BIN/WEBCGI.EXE?New,Kb=Companion,question=ref(User):str(Mobile),C...
Message 2 of 16
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Anonymous
Not applicable

perksie
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Registered:

You must make a formal complaint:

 

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

 

There are details of how to refer it further if you get nowhere with O2.

To support Disasters Emergency Committee: http://www.dec.org.uk/appeals text Nepal to 70000 to send £5

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perksie
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Better to use my link Damien as it includes the Ombudsman details.

To support Disasters Emergency Committee: http://www.dec.org.uk/appeals text Nepal to 70000 to send £5

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Anonymous
Not applicable

Ok sorry Perksie

Message 6 of 16
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Anonymous
Not applicable

I've already made 2 formal complaints. 

Both times I have been told I need proof of what he said; How am I supposed to proove what the sales rep told me?

I'm concerned about the 7 day cooling off period here not the data.

I should have been given what I was told I would get by their rep.

Thanks

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perksie
Level 69: Guiding Light
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Registered:

The point here is they were mistaken and that 7 day period doesn't apply to upgrades, proving you were told the wrong thing is difficult but you would not have bought a new phone if the old one was ok!

 

Would you?

 

Therefore I would take this to the Ombudsman as in my link above, as they may well believe that this was an unfair sales tactic.

To support Disasters Emergency Committee: http://www.dec.org.uk/appeals text Nepal to 70000 to send £5

Sky Unlimited Broadband - Windows 10 - Nexus 4 Android 5.1.1
Message 8 of 16
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Anonymous
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Hi Perksie,

Thanks for the advice, I've contacted the Ombudsman Services twice and they tell me they don't think the matter is fully escalated with O2. Once it is then they will consider my complaint.
Message 9 of 16
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Anonymous
Not applicable
Do 02 shops have CCTV to show you were back in the shop so soon after taking out the new contract / handset.
Message 10 of 16
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