O2 have taken my broken phone and swapped it with a replacement that has someone else's data

[Anonymous]

I have several phones with O2, and am so sorry that I even bothered to get one from them!

After various issues over the past 6 months, I'm now at my wits end.

One of my phones was damaged, so I used the insurance service I pay for, and sent the phone off. After only 2 days a replacement was despatched, only problem is, it wasn't working, not only that, it is clearly a refurbished phone, as it has the original owners data still on it, they haven't bothered to wipe the phone clean.

I've tried evry possible avenue, but O2 refuse to accept that in order to keep me happy, as I have no faith in them they need to send me a new phone, not a second hand one.

They only want to get the hands back on the phone I have, as they have clearly committed a breach of privacy and data regulations, but aren't prepared to amend their processes to do so.

Where do I go next, the press? 

[jonsie]

I have to say that I would feel the same way but I'm not sure you will get a brand new phone. I hope you do, especially as you are prepared to stick it out for one and take things to the next level. I wish you the very best of luck. Companies are happy to take our money every month but getting things from an insurance company is quite somethying else.

[MI5]

They won't freeze your bill whilst you can still use your sim in another phone, but you can ask for some level of compensation once the mess has been sorted out.

[Curr946]

Agreed.

[Toby]

Hi @Anonymous,

Quick update; The rest of the team is currently investigating this for you. When I find out more, I'll post here or send a PM.

[Anonymous]

@Toby, O2 have called me to state yet again they want the phone with the other persons data on, but aren't prepared to do anything for me other than replace the phone with a second hand one, the repeated stance of asking for the phone back whilst not doing anything for me is bordering on bullying.

BTW, my bill has arrived and you have added in this months charges the £60 excess fee for replacing my working (albeit cracked screen), handset - with a faulty phone???

Please tell me how that is fair or reasonable?

[gindygoo]

@Anonymous that's not really fair or reasonable but tbh not surprising either that they've charged you the excess add their systems will say the transaction has gone ahead.

Have you heard from @Toby since the last he posted on this thread at all? He will try his very best to push for a resolution with the appropriate team for you, and I've seen him get results for ppl on several occasions. You'd be doing yourself a favour to keep that avenue open.

The ombudsmen will be wanting a deadlock letter which O2 have to provide if no resolution is arrived at after 8 weeks. It's a pain that it takes that long but until that has happened they'll just refer u back to O2.

As it's the weekend I'd give Toby until Tuesday to get back to you, until then I'm not sure what else I can suggest to get you any further...

Out of interest, how long has this saga been going on for?

[Anonymous]

Hi @gindygoo

No, I've not heard back from @Toby since his last post, only from yet another O2 person telling me once again about T&C's, and my (lack of) rights to do anything but accept their offer of a replacement second hand phone, it really is annoying to get the same message played back to you all the time, if they're not prepared to take a different line, then why keep bothering me?

I'm pretty sure that the T&C's are also supposed to contain protection of personal data, as well as mobile privacy rules, yet they've broken that, and don't seem to want to end this dispute by doing what is fair.

I pay approx £200 per month to O2, but will never use their service again once my contracts have ended.

[gindygoo]

It's an awful situation to be in, and I'll bet O2 are pretty keen to get that phone back!

Have you actually asked them for a letter of deadlock as advised previously by another member? They might provide it before the 8 weeks as it does seem to me that if they won't change tack and neither will you accept what they're offering them it's a deadlock.

Definitely worth a shot, you'll probably have to get a manager to accept deadlock and if it was me I'd be wanting their name and department if they agree as it's been known that cs will agree one thing on a call then deny it later 😞

I really do wish you all the best, and definitely keep in touch with Toby. Let us know if and when this is resolved as it's an interesting case!

[viridis]

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@Anonymous wrote:

Even Toby who reached out to help me in this forum is offloading me to someone else, and can't call me to discuss, 

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Trust me, he will "offload" you to the right people and bypass a lot of chasing up you will have had to endure. 

[viridis]

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@Anonymous wrote:

@Toby, O2 have called me to state yet again they want the phone with the other persons data on, but aren't prepared to do anything for me other than replace the phone with a second hand one, 

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Please trust in the procedure, I am talking from recent experience, if your replacement is less than satisfactory then you have to cross that bridge then. O2 need to check that handset themselves and then initialise a further action, I know how annoying it is I really do, but have faith