iphone 3gs insurance out of stock

[Anonymous]

has anyone else been having the same problem as myself?
i successfully made a claim 2 weeks ago after losing my white iphone 3gs and was told the phone was out of stock and would be coming back in to stock soon and they would call me within the week.
a week went by without any calls or notifications so i rang them and after being on hold for 30+minutes i was told they were out of stock still and did not know when they were coming in.
i have continued to call them and been told different stories all the time, some people saying there is a shipment arriving from taiwan soon, and some people saying apple are releasing them slowly from america. i dont know who to believe now and they all say the same we dont know when they are going to arrive.
apple has discontinued the iphone 3gs 16gb which is what i had and you can no longer get from them so i dont see why they will be making more handsets and sending them out if they are discontinued.
can anyone give me any advice on what i should do now as it has been over the 14days which in the t&c say they will replace the phone. i have kept to my side of the contract by always paying and they on this case have not.
thanks for all advice

[Anonymous]

hows everyone getting on with this? im still getting fobbed off and getting nowhere. didnt hear back from them at all yet. beyond a joke and coming up for 4 weeks without a phone this tuesday. 28days is really unacceptable for any service no matter what is. grrrrrrrrrrrr

[Anonymous]

I have got no where i rung them again last night got through after being on hold for 1 hour.Was told now that there is no stock and there will be no new phones.I told here of the conversation i had previous were i was told i would be getting a new phone,she said i should not have been told this. She then tried telling me that my t+c are like for like,i told here no new for old plus i have a copy of my terms and conditions in front of me and most def says new for old.She then gave me fax number telling me to fax these across.I asked here when i prove under my terms and conditions that i am intitled to a new phone what will you do,she replied send you a refurbished phone...BANGING HEAD AGAINST WALL...
I then asked what is a reasonable time to have to wait for a relacment and she replied there is no time scale so it will take as long as it takes.
I am now completely fed up with whole thing and think il just have to accept the refurb which i will then sell buy out of my contract and move to a proper phone company,
I have already moved 2 other contracts to orange this year and will soon be 3.I just hope someone from 02 reads these posts and realise just how bad they are treating customers.

[Anonymous]

I know exactly how you feel and I think I will do the same. O2 Insure are atrocious! Problem is, I liked O2 and their service, but their indifference to the insurance side of the business is inexcusable. I think I have £350 to buy out my contract- which is about what their 'used' phone will fetch on ebay. Then off to Orange with my 3 other handsets.
It just seems that when you ring O2 to complain about them they just dont want to know. I have given them countless opportunities to deal with it and they wont even return calls. Brutal!

[Anonymous]

I have just rung o2 customer sevices he has confimed that my t+c are for a new phone.He then spoke to 02 insure whilst i was on hold,i then got put through to the insurance agent. I has told me that although my terms and conditions are for a new for old and this is the term when i made the claim they still have the right to send me a refurmished phone i asked what guarenteed means and he said he didnt know but they have the right.I asked where in my term and condition it says they can do this he said it doesent but they still have the right. My god these people really are the scum of the earth. I have a customer of mine who owns a large insurance company.I will ring him and find out how i stand.

[Anonymous]

I know- mind boggling. I have the same discussions with them. Why do they even bother with T and c's if they can just change them at will?

[Anonymous]

Hi guys
well, I made one last attempt to sort this last night to no avail. On 18 October, in the absence of a new phone, I'm suing them for breach of contract. I'll keep you updated and if it works then I will post the Court documents here for you copy.
In essence the argument is (1) under the Supply For Goods And Services Act there is an implied condition that a contract will be fulfilled in a reasonable time (2) that I am entitled to a new replacement because that is what my T&C say (3) that I never got 30 days advance notice of the refurb clause (4) a month is an unreasonable period of time and therefore they are in breach and that damages are (5) whatever is costs me to go buy a new 4 from Apple. and EVEN if they manage to convince a Judge that I am entitled to a refurb and they gave me notice they are still in breach due to the reasonable time clause and I still get the cost of a 2nd hand 3GS.
(i should add i am a qualified Solicitor specialising in civil litigation...)
even better is when they are too slow and stupid to realise i have issued proceedings and get an instant judgement, they are too dumb to pay and then i get to send a bailiff into their head office to take away stuff to enforce the judgment,
Wrong person, wrong day, O2.

[Anonymous]

Its good to know we have you on board.I am still in shock after what i was told on the phone.The guy admitted that under my terms and conditions i am entitled to a new phone and that my claim was before the change but insisted that they still had the right. He also told me that the reason for this was because of the volume insurance claims made for iphones and it would cost to much,he stated that as of june this year all replacement handsets that were given out were refurbs. I tried explaining that that was not my problem, as i am a builder i asked him if i gave him a price for some work on his house and half way through the contract i realised that i was not going to make enough money and there fore went aroung salvage yards buying second hand materials to finish the job would this be fair.He then got upset and told me that i was trying to make him agree with me over somthing he had no power over and so could not comment.I only wish i had recorded the phone conversation.
It would be great if you would pass on any legal stuff as i am unsure of my rights etc etc.

[Anonymous]

i see lucy mcquire you put a reply on here earlier saying that watchdog have been in contact with you about this fiasco.But notice the post has now gone. Would be interested to find out what they have said. I have already contacted watchdog and am waiting a reply.

[Anonymous]

have o2 actually deleted my post?!!!! they want to hear the whole story that everyone has been going through so I more than obliged to help them out!! Keep pestering watchdog and they will get back to you! which is more than I can say for o2 insure!!!

[Anonymous]

hi i have also been in touch watchdog several times and waiting to hear from them.sooner or later they have to take this up.rang o2 and o2 insure but told exactly the same thing again,phone out of stock do not know when it is coming just have to wait.i fear if watchdog do not get involved this could go on for months.what a way to treat good customers.