O2 Switch Up and Cooling Off Period

[Coupec]

Hi,

just wanted some clarification on the cooling off period for switch up. Legally speaking, it’s a new contract so does that mean we have 14 days to cancel after we receive our new phone after trade in? Cheers!

[Cleoriff]

@Coupec 

According to these terms and conditions, yes you are able to change your mind within 14 days

https://www.o2.co.uk/termsandconditions/mobile/o2-switch-up 

[Coupec]

Messed up response, see later post.

[Coupec]

Thanks for replying! 

I’ve seen these but they say change handset which isn’t what I’m aiming for. After having a very bad experience with customer service, which is something I moved to O2 to avoid after dealing with Three for many years, I’ve decided I want to leave. Now I can’t find an answer for the costs for that. Legally speaking I’m sure I should be able to leave without having to pay a fee due to the fact in all the legal documents and T&Cs the wording is very specific that this is a “new” contract and that your old one is paid off when your old handset is handed back. So legally speaking that would also mean I could walk away without an early termination fee? As would be my legal right under consumer law. I feel like this might be a huge loophole that maybe hasn’t come to light yet? I mean contracts are all about wording and here I'm not sure the wording holds up when challenged in this regard. Anyway I’ve asked here because I’m obviously not completely sure and need clarification or if this is legally correct.

[MI5 · Accepted solution]

@Coupec 

Simple answer is yes, you can.

[nikc0069]

I've been told by the shop it reverts to the old contract, but have been told by 202 you can do it.

[Cleoriff]

@nikc0069 

The shop staff need a lot of training sadly.

All you need to know is here Guide: Introducing O2 Switch Up. Swap phones whenever you want! 

[nikc0069]

I guess that won't help me if the staff in the shop refuse to do it though! Maybe I'll call another store.

[Cleoriff]

@nikc0069You could refer them to the guide I linked to.

Although a different shop sounds a better idea.

[nikc0069]

Spoke to another fairly local shop and they confirmed I can do this. So it looks like it is just a case of my normal shop not knowing the ims and outs. Must say seems a bit of a loophole that you can use switch up to get out of a contract but I suppose they at least get some months out of you and then resell the handset.