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Anonymous
Posts: 0

Simplicity 'Excess'

[ Edited ]
A while back I called up O2 asking if I could cancel my simplicity 12 month contract, about 4 months in, or upgrade. They said I could do neither. The only possible way was to pay off the remainding months. After a long talk with them, asking if I could not possibly leave even if I then took up a new contract with them, I gave up.
Then, I figured I would check my contract's terms and conditions, where they stated;
"you may give us written notice that you wish to end your O2 simplicity price plan or change price plan at any time, and this will be effective 30 days after we receive your notice. You will be required to pay the applicable monthly charge for your O2 Simplicity price plan at any time and this change will take effect from your next bill date."
I spoke to O2 again and asked if I could simply give 30 days notice, and they said yes, but I would have to pay £15 for the remainder of the month. I have this in a saved transcript of the conversation which I requested. Written proof of them saying that there would be NO additional charge(s).
Now, a few months later, I end up overdrawn when they charge my over £120. I call them up and they say that because I had called up before, I knew that the only way to leave was to pay the remainding months of the simplicity contract off. I read to them the transcript and the terms and conditions but the operator refused to listen to me and is refusing to give me my money back. I actually went back to a new O2 contract after this whole shambles, yet still they have decided to try and ####.
The operator is going to call back tomorrow, after speaking to his 'manager', but what is my legal standpoint here? I am surely, under their own terms and conditions, perfectly within my rights to leave O2 without these charges after giving 30 days notice?
http://www.o2online.ie/o2/uploads/pdfs/ ... ly2010.pdf
http://shop.o2.co.uk/tariffs/simplicity/12_months
Scroll to bottom, click view terms and conditions
Anonymous
Posts: 0

Re: Simplicity 'Excess'

Anyone?
Anonymous
Posts: 0

Re: Simplicity 'Excess'

If you sign for a 12 month contract then you pay for 12 months. Leaving with 30 days notice applies once the contract has run out of its original term. So if you left before then you would owe them 8 x £15 £120
Anonymous
Posts: 0

Re: Simplicity 'Excess'

[ Edited ]
A while back I called up O2 asking if I could cancel my simplicity 12 month contract, about 4 months in, or upgrade. They said I could do neither. The only possible way was to pay off the remainding months. After a long talk with them, asking if I could not possibly leave even if I then took up a new contract with them, I gave up.
Then, I figured I would check my contract's terms and conditions, where they stated;
"you may give us written notice that you wish to end your O2 simplicity price plan or change price plan at any time, and this will be effective 30 days after we receive your notice. You will be required to pay the applicable monthly charge for your O2 Simplicity price plan at any time and this change will take effect from your next bill date."
I spoke to O2 again and asked if I could simply give 30 days notice, and they said yes, but I would have to pay £15 for the remainder of the month. I have this in a saved transcript of the conversation which I requested. Written proof of them saying that there would be NO additional charge(s).
Now, a few months later, I end up overdrawn when they charge my over £120. I call them up and they say that because I had called up before, I knew that the only way to leave was to pay the remainding months of the simplicity contract off. I read to them the transcript and the terms and conditions but the operator refused to listen to me and is refusing to give me my money back. I actually went back to a new O2 contract after this whole shambles, yet still they have decided to try and ####.
The operator is going to call back tomorrow, after speaking to his 'manager', but what is my legal standpoint here? I am surely, under their own terms and conditions, perfectly within my rights to leave O2 without these charges after giving 30 days notice?
http://www.o2online.ie/o2/uploads/pdfs/ ... ly2010.pdf
http://shop.o2.co.uk/tariffs/simplicity/12_months
Scroll to bottom, click view terms and conditions


The first link you give is for O2 Ireland. A completely seperate company in a different country.
The second link, clearly says that you can give 30days notice AFTER your minimum term.
Posts: 84,388
Topics: 580
Solutions: 4,299
Registered: ‎04-01-2009

Re: Simplicity 'Excess'

I think you are confusing the Simplicity 12 month with the Simplicity 1 month tariff. Yes, with the 1 month tariff you can give 30 days notice after completing 1 month on the tariff however, with the 12 month Simplicity you must complete or pay for the minimum term.
O2 won't deviate from the T&Cs which is why you cannot take out a new contract until your Simplicity contract has been terminated in accordance with those T&Cs.
To be honest, I fail to see why you feel aggrieved.
Anonymous
Posts: 0

Re: Simplicity 'Excess'

"SIM only tariffs are subject to status, credit-check, and payment by direct debit. Save for when expressly stated otherwise (for certain SIM only offers with alternative minimum terms, for example the SIM only offer with a 12 month minimum term), you may give us written notice that you wish to end your SIM only contract or change tariff at any time, and this will be effective 30 days after we receive your notice. In the event that you are on a SIM only tariff that allows you to end your contract on 30 day's notice, you will be required to pay the applicable monthly charge for your SIM only tariff until the end of this 30 day notice period. "
'Certain' implies that there are different policies. The reason I am unhappy with being charged is not only because under these terms and conditions it clearly states (in the above excerpt) that if you are contractually permitted to, you may give 30 days notice to cancel the contract, but also because I was told by an official O2 representative that my contract allows the aforementioned notice. I was NOT told about any minimum term, because I did not have one. For me to have been able to cancel with 30 days notice, I was clearly permitted to do so, or they would have told me 'you have a minimum term'. Perhaps I'm looking in the wrong simplicity contract, but regardless you only have to read the terms and conditions applicable to this case to understand why I feel I have been wronged.
If the O2 representative I spoke to had of said to me 'you may have a minimum term' or 'my records state you have a minimum term' or even a hint of a 'minimum term' I wouldn't have gone along with it. I was under the impression, from explicit instruction from the rep, that I would incur no penalty. No extra charge. No minimun term.
I only put the ireland terms down to show that this is regular policy, not just conditions which remain true in only one country.
The terms and conditions clearly state "Save for when expressly stated otherwise". Nowhere in my contract is it "expressly states otherwise". I was never told by the rep who, again, was clearly stating I could cancel with no extra charge, that my contract "expressly states otherwise".
I don't care about spending money. I can afford to pay it regardless. I was in fact told today I would get at least half back. What I care about is the two-way policy they are supposed uphold. By going against the terms and conditions, they are in the wrong. It's a SIM only deal, and it doesn't take more than a glance at the terms and conditions of a simplicity contract to see that I am within my rights to cancel. And in fact, even if I was ultimately wrong, the written transcript of the conversation states that I would not be charged any further than £15. I asked them to confirm, they did. If I was told this, even if they were wrong, it should be upheld. Much in the same way that if you are sold an item in a store for £30, when it should in fact be £70 they are legally prohibited from turning around and charging you more when it was advertised for less.
Anonymous
Posts: 0

Re: Simplicity 'Excess'

"SIM only tariffs are subject to status, credit-check, and payment by direct debit. Save for when expressly stated otherwise (for certain SIM only offers with alternative minimum terms, for example the SIM only offer with a 12 month minimum term), you may give us written notice that you wish to end your SIM only contract or change tariff at any time, and this will be effective 30 days after we receive your notice. In the event that you are on a SIM only tariff that allows you to end your contract on 30 day's notice, you will be required to pay the applicable monthly charge for your SIM only tariff until the end of this 30 day notice period. "
'Certain' implies that there are different policies. The reason I am unhappy with being charged is not only because under these terms and conditions it clearly states (in the above excerpt) that if you are contractually permitted to, you may give 30 days notice to cancel the contract, but also because I was told by an official O2 representative that my contract allows the aforementioned notice. I was NOT told about any minimum term, because I did not have one. For me to have been able to cancel with 30 days notice, I was clearly permitted to do so, or they would have told me 'you have a minimum term'. Perhaps I'm looking in the wrong simplicity contract, but regardless you only have to read the terms and conditions applicable to this case to understand why I feel I have been wronged.
If the O2 representative I spoke to had of said to me 'you may have a minimum term' or 'my records state you have a minimum term' or even a hint of a 'minimum term' I wouldn't have gone along with it. I was under the impression, from explicit instruction from the rep, that I would incur no penalty. No extra charge. No minimun term.
I only put the ireland terms down to show that this is regular policy, not just conditions which remain true in only one country.
The terms and conditions clearly state "Save for when expressly stated otherwise". Nowhere in my contract is it "expressly states otherwise". I was never told by the rep who, again, was clearly stating I could cancel with no extra charge, that my contract "expressly states otherwise".
I don't care about spending money. I can afford to pay it regardless. I was in fact told today I would get at least half back. What I care about is the two-way policy they are supposed uphold. By going against the terms and conditions, they are in the wrong. It's a SIM only deal, and it doesn't take more than a glance at the terms and conditions of a simplicity contract to see that I am within my rights to cancel. And in fact, even if I was ultimately wrong, the written transcript of the conversation states that I would not be charged any further than £15. I asked them to confirm, they did. If I was told this, even if they were wrong, it should be upheld. Much in the same way that if you are sold an item in a store for £30, when it should in fact be £70 they are legally prohibited from turning around and charging you more when it was advertised for less.

You have yourself said in your first post that you have a 12 month Simplicity contract. This means that you have contracted for 12 months, after this minimum term, you can cancel by giving 30days notice.
You cannot credibly claim any different, certainly not by misquoting terms and conditions.
Anonymous
Posts: 0

Re: Simplicity 'Excess'

Firstly, I'm not 'misquoting' I'm literally copy and pasting, so suggesting such a thing is ridiculous. (edit: ridiculous is a tad strong, but you know what I mean)
Secondly, and as I said before regardless, I was told one thing and given another.
Please, read the terms and conditions that I'm quoting (copy and pasting;
"for certain SIM only offers with alternative minimum terms, for example the SIM only offer with a 12 month minimum term"
Clearly some don't have this minimum term. I wasn't told during my first phone conversation about this term, or told during cancellation that I would be charged because I wasn't out of a 'minimum term'.
Let's say that my contract, or say yours, had a minimum term. Let's say O2 told you that you can leave, and start a new contract on O2 afterwards, by giving 30 days notice and expressly stated that you would incur no further charges than the remainder of the month. If they then charged you £120, it's wrong. They advertised this offer to you, regardless of any terms and conditions, and can't turn around and change it. I asked for confirmation, and have a transcript of the conversation in which I received written confirmation(which O2 send in case of these exact matters). They enter a written agreement with yourself in a way by confirming and suggesting.
Anyway, I must have been right as I'm getting the money back. Smiley Tongue
Anonymous
Posts: 0

Re: Simplicity 'Excess'

Given your posting of terms from O2 Ireland, that you posted in the Pay and Go forum and the 'logic' of your argument I would say they have made a goodwill gesture to make you go away.
That's also a bit strong but I think you get what I mean.
Anonymous
Posts: 0

Re: Simplicity 'Excess'

No, that's not strong, sorry if I offended you. Yea, I spoke to them and they basically said that since I was told by one rep that it was within my right to give 30 days notice, and that different representatives had basically told me different things, I could have the money back. Basically, I might have been wrong about whether or not every 12 month simplicity contract having this clause (only certain 12 month simplicity contracts do), but since one told me that my contract was a continuation of a prior one, and that I could therefore leave, they couldn't turn around and change this. Like I said, you can't go back on your word even if you're a big organisation like this. Thanks for your input