When is an UPGRADE not an UPGRADE!?!?!?

[Anonymous]

I believe I have been mis-sold by o2. My 24 month o2 contract clearly states "free upgrade after 12 months". I have a Blackberry 9700 which was sold to me by o2 because, according to the salesman, it was the better of the Blackberry phones for business use. 12 months later I requested an upgrade to be told that my options were either a) a Blackberry Bold 9780 at a cost of £195 or b) a Blackberry Curve 8520 Free of Charge. Option A is not free. Option B is not an upgrade, in fact it is an inferior product. Despite my complaints it would seem nothing can be done because according to o2 we (they and I) have different definitions of the word “upgrade”. I either pay for the upgrade or accept an inferior model. I have reported o2 to Oftel and to the Trading Standards Office and am now waiting for a reply to my email to o2 Complaints Department before I contact the Communications Ombudsman. I have checked numerous online dictionaries and technical glossary forums and can find no other reference to the term “upgrade” other than the one in the Oxford English dictionary “raise (something) to a higher standard, in particular improve”. Ironically I would be more than happy with an identical phone but alas the 9700 is no longer available through o2 – I don’t necessarily want a better phone but nor do I want a different brand or an inferior model. I will update this and other forums as and when we reach a conclusion.

[Anonymous]

Personally I'd see a brand new phone as being an improvement on one that's 12 months old but I appreciate your point.
Also, I don't see how O2 could promise you a year ago that you would receive a free upgrade given that they couldn't predict which tariff you were on or which phone you would choose?

[Anonymous]

Thanks for your comment. Please check out this link for a reference to the electronics/technology definition of the word upgrade: http://www.thefreedictionary.com/upgrade I don’t believe that it being new constitutes a fair replacement. In fact I would happily accept a used working replacement of the same phone. I don’t understand your comment about o2 not being able to predict the tariff I would be on? They did promise - that's the whole point. The tariff was agreed at the start of my 24 month contract which included a “free upgrade after 12 months”. No ambiguity whatsoever.

[sheepdog]

What does the contract actually state as being part of the "free upgrade" or what other criteria you had to adhere to?
If I recall from other posters here who signed on a business contract, there were certain conditions like signing on for another term at the 12 month point or something similar.

[Anonymous]

I understand what you mean by the word upgrade, and these phones are being provided by O2, they just can't offer them for free. Their understanding of the word upgrade and yours are very different. They mean it's a new phone, which they can provide free, just not one of the phones you want.
What I mean is that O2 can't predict which phones will be available and guarantee that they will all be free for you, no matter what tariff you're on. If for argument's sake, a phone was brought out which was made of diamonds, ivory and gold (like the old Nokia 8800 series!) O2 couldn't give this to you free, no provider could. Equally if you changed your tariff to the consumer one for £10.50 a month, I'm guessing you couldn't get an Iphone 4 free of charge.

[Anonymous]

Sheepdog – This is the exact text from the order confirmation I receive by email from the o2 sales agent: Both tariffs on the O2 Business 600. This includes the handsets, 600 minutes, unlimited texts, unlimited data transfer, unlimited calls to UK landlines, free o2 to o2 calls, free upgrade after 12 months. Based on a 24 month contract at £38.51/month/phone with a credit of £204.24 being applied to both accounts within 3 months. There were no other T&C’s relating to the free upgrade.
Southerner – then o2 should have been more specific in their offer and order confirmation. You make it sound as if I am being unreasonable in my request. Let me repeat – I either expect a product of equal or better standard BUT NOT A DOWNGRADE.

[Anonymous]

I certainly don't think you're being unreasonable, sorry if I gave that impression, I just think it's a misunderstanding over the meaning of the word upgrade, as O2 are being very specific in what they mean by a free upgrade, as I said above.
It's like some people have posted about the broadband, that O2 are selling it as "download as much as you want" although it has a data limit. O2 clearly mean "download as much as you want, as long as it's below x number of GB". Sadly it's the nature of any business.

[Anonymous]

To play devils advocate here; you are getting a free upgrade, they're not charging you to do it, it's a price for the handset that you're paying. A free upgrade after 12 months might not mean the handset is free, but that they will let you take a handset part way through your contract without any form of fee's in relation to your contract.

[Anonymous]

Southerner - Thanks. At the end of the day all I am looking for is a fair a reasonable outcome.
Wanty - thanks for your comment. If that is the case then it should have been explained and documented when we placed the order. It is completely unacceptable to expect a consumer to have to second guess what may or may not suit o2 half way through the term of a contract.
If anyone from o2 is reading and wants to address this matter, I have both written and emailed your complaints department and included my contact details.

[Anonymous]

To be honest, it sounds to me like it's just an sales agent who has wrote that on the email themselves and is not from "O2" on the whole.
In times gone by, a free upgrade was the standard, but as technology has moved on, unless you want to pay through the tooth monthly, this just isn't the case anymore.