I think I’ve been tricked?

[MelissaPhillips]

So I went onto live chat with O2 today to cancel my airtime due to the price increase, and I cited right to exit. They sent me my PAC code and advised me to call 202 to arrange monthly payments of the device. 

I signed up for a sim only with EE, and then called 202 to arrange the monthly device payments. 

The man on the phone said that for an extra £6 I could get the latest iPhone 17 Pro Max, I could then cancel the airtime on that and continue to pay for that device monthly. I have until 8th December to arrange everything. Initially I was reluctant, but he talked me around and I agreed. 

The new phone arrives tomorrow, and I then need to send my old one to them for the switch up process to complete. 

However, from reading around, it seems that as I will be on a new monthly contract, the right to exit no longer applies? And so basically, I’ve been locked into O2 for another 3 years. Is this the case? Have I been tricked?

To top it all, when I go to my online account the cancel within the 14 day cool off period, it won’t let me as I have a synced Apple Watch! 

As I’ve already enacted my PAC code with EE (which I was going to set up the eSIM for on my new phone), I’m guessing a cancellation will happen in the background, but I’m worried I’m going to be liable for the airtime part of the contract too?

What an absolute mess, I wish I’d just stuck to my guns and cancelled 😞 

[MI5]

@MelissaPhillips 

Yes, you've fallen for the typical hard sell tactics and are now basically stuffed.

Once your number ports out you will be liable for the full cost unless you call again to cancel within 14 days and return both the old and new phone (due to using switch up).

You'll then need to source a new phone from somewhere.

[MelissaPhillips]

Crap what an absolute idiot I am. So essentially the staff member at O2 has lied to me by saying I can enact right to cancel on the new phone? How is that allowed? I’ll set about cancelling EE for now to hopefully stop the port, then see if I can get to the O2 store to get this sorted out. 

[MI5]

@MelissaPhillips 

They work on commission based sales so will say anything to get a sale then hide behind the T&C's when the customer finds out different.

Virgin Mrdia have always been this way and the tactics have rolled over to O2 sales too since the merger.

[madasaf1sh]

@MelissaPhillips 

The o2 store wont touch this with a barge pole, as you have done it all online, so you have to deal with any cancellation and return via Customer Services..  

I would process a 14 day change of mind with o2, and then port out and buy a new phone with another network or Amazon

[MI5]

Consistent advice from us here @MelissaPhillips 

Best of luck getting sorted.

[MelissaPhillips]

So I've spent what feels like a lifetime on live chat today, I'm refusing to ring them as I now want everything in writing. They agreed that the switch up has triggered a new contract and therefore right to cancel no longer applies. I have asked them to cancel the switch up under the 14 day cooling off period. They couldn't issue a returns label at that point, as the device hadn't been marked as delivered yet. It's since been delivered but there's no way I can get a returns label as it's asking me to return my linked watch. The Facebook chat assures me that a returns label will be generated and arrive in the next couple of days - I will be back on them tomorrow to chase this, as I'm very aware that time is ticking away for the right to cancel expiring. (8th December). They also assured me that they can unlink my device and airtime plans over chat, as I've said there's no way I'm calling 202 again. I'll believe it when I see it though, as I'd rather just bite the bullet and keep the new device rather than have to phone them, they speak so fast and I was struggling to understand, and unfortunately as I've seen they can't be trusted! Let's see what tomorrow brings. I managed to cancel my EE transfer so the PAC hasn't been used yet, I'll re sign up with them once it's been confirmed that I have left O2 without penalty, and moved over to a pay monthly device plan for both the phone and the watch. I've also got the complaints email address, and I will be submitting a complaint, as it's not right what's happened. 

[MelissaPhillips]

So the current update is I've kept the iPhone 17 Pro Max, and have submitted a complaint. It transpires that even if I exercise my cool off period and return the 17 Pro Max, my original airtime plan would not come back, and I'd still be on the new AirTime plan and therefore still unable to exercise my right to cancel! I've summarised everything and submitted a complaint, who knows what will come of it, just so gutted with myself, I should have just stuck to my guns on Monday.

Here was my complaint:

"Dear O2 Complaints Team,

I am writing to raise a formal complaint regarding the misleading information I have received from multiple O2 agents, which has resulted in me being coerced into a new contract and losing my right to exit. The handling of my case has been unacceptable and has left me with no confidence in the information provided by your operators.

On Monday 17th November 2025, I called 202 and spoke to an agent named Amitabh. I explicitly requested to exercise my right to exit due to the price increase and the changes to the Switch Up programme. I was told that I could complete one final Switch Up, keeping the new device (iPhone 17 Pro Max) while returning my old device (iPhone 16 Pro Max). Once the old device was returned, I was assured that I could then cancel my airtime under the right to exit, unlink the airtime from the new device, and continue paying for the iPhone 17 Pro Max via its device plan. I agreed on the basis of this information. The phone arrived the following day.

On Tuesday 18th November 2025, I discovered that this information was false. I had been mis-sold a new airtime contract, meaning my right to exit no longer applied—directly contradicting what I was told.

I then spent several hours on Live Chat seeking clarification. During these conversations, I asked if I could return the iPhone 17 Pro Max under the 14-day cooling-off period and whether doing so would reinstate my original airtime plan. I was informed that it would, and that I could then exercise my right to exit and continue paying for my iPhone 16 Pro Max monthly. I was told a returns label could only be issued once the device arrived, I agreed to contact them when this happened. 

On Facebook Messenger, I explained that I did not want to call 202 again due to the misleading advice I had already received and because I struggle with the speed and clarity of some operators. I requested written communication for accuracy. I was assured again that the device-to-airtime unlinking and reinstatement of my previous plan could be handled online and that returning the device to revert to my original airtime plan was possible.

However, on Wednesday 19th November 2025, during another Live Chat, I was informed of the complete opposite: returning the device would not reinstate my previous airtime plan, and I would remain on the new airtime plan with no right to exit. This directly contradicts everything I had been told the previous day by multiple agents.

Across all interactions, your operators showed little interest in resolving the issue or retaining me as a customer. I was transferred repeatedly, and only after several hours was any form of compensation even mentioned (6 months Disney Plus which I'm still waiting to go live).

At this stage, returning the device is not a viable option. Doing so would leave me with my old phone and a worse airtime plan than before—one I would be locked into. It is difficult not to conclude that this outcome was foreseeable based on the misleading information I received.

I have been misled at every stage, provided with contradictory advice, and placed into a contract I would not knowingly have agreed to if the operator was being truthful of the outcome. This is mis-selling, and it falls far below the standards expected from a regulated provider.

I would like to know what you intend to do to remedy this situation. I am requesting appropriate compensation, for example:

• Additional free account extras (e.g., Xbox Game Pass)

• Increased data allowance at no extra cost

• A reduction in the monthly airtime charge

If you are unable to resolve this complaint satisfactorily or provide adequate compensation for the distress, inconvenience, and mis-selling I have experienced, I will have no choice but to escalate the matter to the Communications Ombudsman for independent review.

I expect a full investigation and a written response detailing how you intend to resolve the issue. Please follow up all communication in writing."

Then today I received a text message with my PAC code, in fact I have had two messages so far:

"Your PAC is: XXXXXX. It expires on 16/12/2025. We hope you don't decide to switch today, but if you do switch, you'll have £1,659.50 left to pay as of 17/11/2025. This is the remaining balance for your Device Plan for this device and any remaining balance for a Device Plan for an Apple Watch, if you have one on this account. 

If you have a 30 day Right to Exit following the November 2025 price rise communication or you are over 24 months into your Device Plan then your Device Plan will continue to be paid monthly unless you contact us. If you don't have a Right to Exit and you are less than 24 months into your Device Plan then your outstanding Device Plan balance will be required in full. 

Your final bill will also include any out-of-bundle charges, like Charge to Mobile services. If you've got accessible formats active on your account, this service won't be available either. 

For more info about the services you'll lose, full switching info and your accessible formats, please go to My O2 https://sms.o2.co.uk/M7ApC/11c833f Can't use that link? Reply to this message with 'EMAIL' or 'POST' and we'll send you the info that way."

I believe the total above relates to the previous iPhone 16 Pro Max and my watch. Then today I received the following:

"Hi, it's O2. *Fraud warning*: we'll never call or text you asking for this PAC. Your PAC is: XXXX. It expires on 16/12/2025. 

We hope you don't decide to switch today, but if you do you'll be entitled to claim a refund for your credit balance of £2040.23. If you have an active bundle on your account when you switch, you can receive a refund that reflects the days left until the bundle expires. After completing your switch, you can claim your refund by calling 0344 8090222 and giving your SIM Serial Number. 

For more information about the services you'll lose, full switching information and your SIM Serial Number, please go to My O2, https://sms.o2.co.uk/P32Xu 

For details about how to claim a refund please go to https://sms.o2.co.uk/fXSVy"

The amount quoted in this one equates to the iPhone 17 Pro Max and watch device plans. 

I'm confused as to why it's talking of a refund though? Live chat weren't any help either with helping me understand what it meant, and tbh I'm not sure I'd trust them anyway!

All a bit of a saga, but lesson learnt for the future!