New Contract

[Anonymous]

Hi guys, i'm new to this forum so not sure if this post is in correct place, but hoping someone can help.
I've been with O2 for around 2 years now, and so I have completed my 12 month contract. I recently said I wanted to leave O2, and they offered me a deal but I would need to sign up to a new 12-month contract. Now, under the Distance Selling Regulations, I have 14 days (from Oct 11 2010) to cancel.
During this time, I did indeed try to cancel and did so via email, as well as over the telephone. To cut a long story short, O2 are refusing to cancel my new contract, even though legally I can do so, and are threatening to charge me a cancelation fee of £136.
Any advice please?

[Anonymous]

Its not possible to give you advice from the rather brief details you have given. There are circumstances when the cooling off period doesn't apply. Also, the DSR does not apply when goods are supplied with a contract for a service which has already started. I can't tell whether that applies in your case.
What you need to do is take copies of all your paperwork and communications with O2. You can then contact Consumer Direct for advice, its very important you give them the full information.

[Anonymous]

If you had taken out your contract over the phone, or through the website you will be covered for your first 14 days.
If you had taken this out in store, you will need to speak with them.
If you have taken the ontract through a retailer, e.g. Carphone Warehouse or Phones4U etc, you will need to contact them.

[Anonymous]

Thx guys for your input. I am endeavouring to cancel my contract, but looks like i'll need to speak to trading standards for this one as o2 aren't budging on the matter.
Cheers.

[Anonymous]

You need to speak to Consumer Direct. It isn't clear from the brief details you have given what regulations cover your situation. Its very important you seek proper advice.

[Anonymous]

Thx guys for your input. I am endeavouring to cancel my contract, but looks like i'll need to speak to trading standards for this one as o2 aren't budging on the matter.
Cheers.

Can you give us a little bit more information first? I can't think of a tariff for 12 months that would give you a canellation fee at that price.
You need to check with them that this new tariff was definately a 12 month contract, where your 14 day period would apply. If it has definately been placed as an upgrade as apposed to a tariff transfer (which is done when you are still in contract) then you should get your 14 days. But the cancellation fee they have quoted to you doesn't sound right, if you have only just taken out the contract, then 12 months on a £10 tariff would be £120. If it was £15 it would be £180. Their isn't a tariff available between this.
It sounds like they have changed your tariff rather than renewed your contract.