I took out a Sim-only 24 month contract with O2 on the 6th May, and then upgraded it on the 18th May. I was then offered a better deal by a different network, but assumed I was outside the 14-day-cooling off period. I thought I would check anyway, not knowing if the revised contract would restart the 14 day cooling off period. I made it very clear to O2 support that I wanted to leave O2, and asked if there would be an early termination fee, and the answer I was given was no:
(21 May)
________________
Rep: Do you wish to cancel the whole contract?
Me: yes
Rep: Do you wish to keep the mobile number?
Me: yes
Rep: Let me explain.
Rep: In order to keep the mobile number, you will need a PAC code. We have a dedicated cancellation team who will help you further with the PAC code. However, I see that you will be charged early termination fee of £403.45 approx. Also, as you are within the cooling off period, we can waive off the early termination fee. You can contact us once you receive the bill with the early termination fee so that we can place a request to waive it off. Is that ok for you?
Me: Thanks, so I do not have to pay the £403.45 as I am in the cooling off period?
Rep: Yes.
___________________
After this conversation I was told to call O2 to arrange the cancellation, and I spoke with someone who also confirmed there would be no early termination fee. For whatever reason, they asked to call me back the next day (their English wasn't very good so I'm not sure why), but I never received a call back. In hindsight I should have chased them, but when using the PAC code to transfer the number it said I was still in the change-my-mind period, so there wouldn't be a termination fee.
I thought nothing of it until today, when I received a bill for £350. I have spoken to a chat representative who says the contract is legal binding and I was misinformed by the above chat representative, and so there is nothing that can be done. I have already taken out a deal with a different network, and I am no longer in the cooling off period for that contract...
Do I have a leg to stand on? I have the chat transcripts, but only O2 has access to the phone call where they said they'd call me back and confirmed there would be no early termination fee over the phone.
Thanks for any advice.
