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? 

[MI5]

I'm really not surprised at all.
All you can do is accept the refurb and vote with your feet when the time comes to renew.

[Anonymous]

Hi @gindygoo,

I was advised by the last O2 person who spoke to me he will now state this is deadlocked, but if he's of the same efficiency as the rest of O2, I'm not going to hold my breath.

[Anonymous]

Hi @viridis

difficult to have faith in a company when it let's you down repeatedly, therefore I can't trust O2 to do anything.

I do trust the ombudsman, though, and will have faith in that process.

[jonsie]

Well good luck, hope you get something sorted soon.

[Anonymous]

Hi @MI5

I'm sorry, but accepting a refurb then spending £200 per month for the next 18 months with a company I don't trust is not the only option.

If the ombudsman tells me that's my only option, so be it, but I will also contact the person who's data is on the phone and let him take his case up with the ombudsman also.

[MI5]

I would expect the Ombudsman to side with o2 as far as refurbs are concerned as I believe it is in the T&C's.
@viridis got a new phone but his was brand new that was faulty, not a 6 month old one that had been damaged.

[viridis]

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@Anonymous wrote:

Hi @MI5

I'm sorry, but accepting a refurb then spending £200 per month for the next 18 months with a company I don't trust is not the only option.

If the ombudsman tells me that's my only option, so be it, but I will also contact the person who's data is on the phone and let him take his case up with the ombudsman also.

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Unfortunately it is written into the insurance policy that with some handsets a refurbished model will be supplied as it is exchanged on a like for like basis, 

The ombudsman will side with O2 as they have informed you of this at the time the policy was taken out.

[jonsie]

The longer this drags out the less likely it will be resolved to your complete satisfaction. It seems that, irrespective of the data breach, the insurance company are digging their heels in over fulfilling their t&c's by supplying a reconditioned phone. I do hope you get the brand new phone that you feel entitled to and if you get a deadlock letter then you can move on to the next phase of your complaint.

[Curr946]

Does 02 use a third party insurance company or is in in-house. Reason I ask is if it's external then this could be the sticking point... And in turn making the insurance company libel for the breach, not o2.

Surely if the insurance is in-house they would just replace with a new one tk avoid all the bad press.

[Anonymous]

http://static.o2.co.uk/www/docs/termsandconditions/o2_mobile_insurance_premier_1250.pdf