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? 

[Anonymous]

Of course I'm still unhappy @Toby, O2 have not done anything to resolve my issue, but raising another complaint when the original is ongoing will be of no benefit, therefore I will await the ombudsman's opinion of the situation.

[Toby]

My apologies for not being to tend to this directly @Anonymousand I understand your feelings on this. I must follow our processes.

[Anonymous]

So, an Apple guru heard about my issues with O2, and advised me to visit the Apple store.

I did so, and within minutes a new phone was given to me, they also suggested that as the phone was only a few months old and still under warranty, O2 should have done this.

As soon as I'm able, I'm now going to go direct to Apple and buy future products off them direct, and make sure I give O2 the widest possible berth.

The case with the Ombudsman will remain open, and I will now await compensation from O2 for the inability to use my minutes and data because of their poor service, I should also be refunded my £60 excess fee as their insurance did not provide me with a working replacement.

[viridis]

You do realise Apple replacements are refurbished models too don't you?

[viridis]

Oh and Apple have no right to tell you that O2 should have replaced a DAMAGED phone under warranty, sorry but they are talking out of their backside. Apple replaced your undamaged replacement not your damaged handset. The fee for insurance was justified and if refunded then you are up as far as I'm concerned.
No company on earth will replace a damaged phone under warranty, and by saying that they should, just shows how uneducated in retail law these "geniuses" are.

[viridis]

Sorry, just read you are wanting your 60 excess back, not got it back.
You shouldn't, you now have a working phone and not a damaged one.

[Curr946]

If this wasn't real, it would be laughable.

[Anonymous]

Sorry @viridis, but O2 haven't replaced my phone with a working model, Apple did, and btw, if refurbished phones come out of brand new boxes with the cellophane and seals on them, then I'm happy to accept that.

[viridis]

But Apple wouldn't have replaced a damaged phone, would they?
And yes Apple believe it or not, do have the capability to repackage refurb phones.

[Curr946]

@viridis is right, when I got a refurbished phone (ok a Samsung) it came in the right box, with the cellophane etc intact. The only way I knew is was a refurb was the box had different seal from the original box. PS, could simply have been a return within cooling off. Refub handset don't necessarily have signs of use, in fact most haven't had use, but as the seal was opened cant be sold as "new".