Terrible customer service and no guarantee of replacement phone will be the same

[acoad]

I've been in touch with the O2 insurance team since my phone got stolen on 21st December 2019 and the inefficiency of your service is shocking.

1. I called the first time and the claim form was meant to be sent to me by email and that never got through. Also it's not come through to SPAM or any other folder.

2. I had to call you again to chase on the form, that never came through again!

3. I downloaded the form and your team hasn't provided me with any of the basic information required in the form such as policy number and claim ID which can't be found on the poor generic policy contract document you have provided for download in my online account. This caused me to have to call you again!

4. Sent all the documentation necessary along with the form, including proof of change of address and name (second time requested).  

5. My claim got finally approved, but it's the 4th time I call and you don't have a date as to when I'm going to receive my phone. Surely you have an SLA you have to comply with. In addition to this, my address keeps showing as the old one and my name hasn't been changed!

I don't have a replacement phone and I'm struggling to work without it because I don't wanna have a phone of lower specification when it's not the phone I'm paying for in my contract. It's rather cheeky to have this clause in the contract, so be aware before signing up:

"In the event that We are unable to replace Your Equipment with the exact model, We accept no
responsibility for delay should You decide to wait for an exact replacement rather than accept a model
of similar specification as determined by Us." Mobile Insurance from O2 - Full Cover. Policies taken out since 14 June 2019 - Page 11

[acoad]

@Cleoriff 

After doing some research on the consumer right act 2015 (https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act#product-quality--what-should-...), "Unless a particular timescale for performing the service is set out or agreed, the service must be carried out in a reasonable time.".

In the contract (Mobile Insurance from O2 - Full Cover. Policies taken out since 14 June 2019), 9 - How we deal with your claim, last paragraph, you say "In the event that We are unable to replace Your Equipment with the exact model, We accept no responsibility for delay should You decide to wait for an exact replacement rather than accept a model of similar specification as determined by Us."

I'm afraid this doesn't qualify as a time schedule, and the time I've been waiting is not a "reasonable time".

According to the Consumer right act 2015:
If the service you’re provided doesn’t satisfy these criteria, you’re entitled to the following remedies under the Consumer Rights Act:
The trader should either redo the element of the service that's inadequate, or perform the whole service again at no extra cost to you, within a reasonable time and without causing you significant inconvenience.
Or, in circumstances where the repeat performance is impossible, or can’t be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. Depending on how severe the failings are, this could be up to 100% of the cost, and the trader should refund you within 14 days of agreeing that you're entitled to a refund.

In adition, 4- Details of you cover says "
Replace Your Equipment with a product of the same or a similar specification, as determined by
Us. Replacement Equipment might be a different colour or model from a different manufacturer.
It may be new, re-furbished, re-manufactured or re-packaged by a repair centre approved by Us;"
This means you're porposing to replace my original iPhone which is a luxury item, for a refurbished one of inferior quality and making me liable for the wait and inconvenience it's been causing to my personal and professional life.

Again according to the consumer act 2015, the products must meet the following criteria:
Satisfactory quality  Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods. 
Fit for purpose  The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods. 
As described  The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

Also it sounds like the contract is not very fair as the documents (O2 Insure Full Cover Insurance Product Information Document (IPID) + Mobile Insurance from O2 - Full Cover. Policies taken out since 14 June 2019) provided to us don't state these clauses in a prominent way (https://www.nortonrosefulbright.com/en-gb/knowledge/publications/db7564d2/consumer-rights-act-2015-r...😞

Contract terms

Policy terms.

Exclusion should be transparent (i.e. in plain and intelligible language) and prominent (i.e. brought to the consumer’s attention in a way that the average consumer would be made aware of the term). There should be no disproportionate high cancellation fees.

Please let me know how long it's still going to take or if I need to get a solicitor. I need my phone ASAP.

Thanks.

[gmarkj]

I think the normal timeline for a complaint reply is 5 or 10 working days, so having not heard back yet is not surprising.
If you are waiting to hear back on this forum then you won't - it is for customers to help other customers. We can tell you what we know, what we suspect and how we have done something similar in the past (and the outcome) but nothing related to any account.
There are some moderators that have greater access, but even they have to get customer services involved as they are limited to what they can/can't do.
While I agree that both the time you have waited and the replacement offer are less than ideal, both are covered by the terms and conditions of the insurance you signed up to.
What it boils down to is that it is not reasonable for the insurer to have a number of every handset insured sat around waiting to be sent out to replace a broken/stolen device.

[Cleoriff]

@acoad 

As you have already made a complaint, our managers on here won't be able to help you. I fully understand your annoyance about the time scale, however, if O2 have nothing similar in stock to replace your phone with, then that's the excuse they will use.

There is one other thing you can do. Google the address of the CEO for O2 (we are not allowed to give it on here) and email his office. Many people have done this and have had a satisfactory response to their problem.

Best of luck with this. Hope it gets sorted soon.