on 14-11-2022 16:02
My new phone was faulty, it wouldn’t hold its charge. They arranged for a courier to bring a new one. They didn’t text me and when he turned up on our doorstep , he wanted the faulty phone, but obviously I hadn’t reset it so he left without giving me the phone.
I was told I needed to get the account holder to ring them to arrange a specific day for tne phone to be delivered and collected. This was done.
mum waiting in after having reset my phone in readiness, only to be told they haven’t arranged for it to be sent. I wasn’t allowed to speak to a supervisor and tne adviser cut me off. I’m now waiting to speak to an agent again on live chat
Solved! Go to Solution.
22-11-2022 21:05 - edited 22-11-2022 21:16
22-11-2022 21:05 - edited 22-11-2022 21:16
Yes I realise that.Sorry it’s two of us posting.
the account holder and myself have been trying to communicate with 02.The account holder was told by Twitter tonight that we’d have to have a refurb as it’s been more than 30 days . Of course the account holder can cancel and it’s been breach of contract.
Obviously, cancelling the contract is the least of the problems, and yes I do understand data protection.
it doesn’t change the fact they are incompetant.
on 22-11-2022 21:14
on 22-11-2022 21:14
@Pickle12 As far as I can see by your posts, there's been no resolution that it's a breach of contract. It's only your opinion. If the account holder cancels without the issue being resolved they will be liable for the balance of the entire contract, and a mark will be placed on their credit file which will make getting a contract with a different provider impossible and cause numerous problems in other areas where credit must be approved.
22-11-2022 21:20 - edited 22-11-2022 21:32
22-11-2022 21:20 - edited 22-11-2022 21:32
But you’re no expert, you’re guessing. I’ve taken advice, but it just confirmed what I knew. I signed a contract and they’ve been unable to supply me with a working phone, or deliver the new one or collect the old one, so have been unable to fulfil the contract, or offer me a service with a reasonable degree of skill and care. I’m using an old phone. You’re stating legal inaccuracies.
I’m certainly not guessing, you are. You should not give legal advice.
I’ve been sent a template to claim breach of contract.
This has been going on for nearly a month now , THEY. have been unable to resolve it, and there’s a long trail of what they said.
on 22-11-2022 21:29
on 22-11-2022 21:29
22-11-2022 21:35 - edited 22-11-2022 21:41
22-11-2022 21:35 - edited 22-11-2022 21:41
I never made any suggestion I , or anyone, would try to cancel something on a whim with no legal standing.
You aren’t getting it.
The issue is the appalling service, the cancellation is a technicality .
I can’t get a resolution despite trying for hours, yet it’s actually their job to get a resolution, that’s what I’ve been trying to achieve.
If you pay to receive a service, you expect to receive it. It’s simple consumer law.
You’ve not given me any correct advice, and it’s actually quite misleading
on 22-11-2022 21:42 - last edited on 24-11-2022 11:07 by RafaC
on 22-11-2022 21:42 - last edited on 24-11-2022 11:07 by RafaC
@Pickle12 I have not given you any misleading advice. Here's the Terms & Conditions that either you, or whoever is the account holder, have agreed to. Pay Monthly Mobile Agreement | Terms and Conditions | O2 I suggest you read through it, as you haven't got a legal leg to stand on.
[Removed]
22-11-2022 21:48 - edited 22-11-2022 22:46
22-11-2022 21:48 - edited 22-11-2022 22:46
You’ve no idea how to interpret a contract , I do . Well, you are clearly much more knowledgeable than the citizens advice bureau who sent me the template.
I’ve also asked the question from someone at O2 tonight , by phone and they confirmed I could cancel the contract.
No one’s stupid enough to stop paying a contract without ensuring they have are in tne right, hav had it confirmed they are in the right, get it later confirmed in writing and close tne contract, in fact the contract hasn’t been fulfilled.
How tnen do you figure I haven’t got a leg to stand on? Oh I forget, you’re not answering now.
I will update this thread when I have cancelled.
I also strongly suggest other users don’t take legal advice from an o2 customers “‘experience”.
Only take it from legal experts as I did
22-11-2022 21:56 - edited 22-11-2022 21:59
22-11-2022 21:56 - edited 22-11-2022 21:59
“Agreement has a minimum term called a Minimum Period, which could be as short as 30 days. After the Minimum Period, you can end the Agreement by giving us 30 days' Notice ****(unless any other statutory or regulatory rules apply***”
Heres the relevant clause. ^^ I have starred it**
The statutory rules are the CCRs, consumer laws that are on tne statute, and O2 are in breach of them
and in breach of the contract I signed that we both have responsibilities to honour.They failed to supply a phone so I’m entitled to a phone or to cancel
thw contract for the breach. They’ve had thirty days, that’s not an unreasonable length of time to collect a phone🤣?
22-11-2022 22:10 - edited 22-11-2022 22:22
22-11-2022 22:10 - edited 22-11-2022 22:22
Repeated post twice
22-11-2022 22:12 - edited 22-11-2022 22:48
22-11-2022 22:12 - edited 22-11-2022 22:48
And here’s the other leg I have to stand on.
Their terms
”8.4 You can end this Agreement by giving us: Notice (in line with paragraph 19) if:
(a) we break a material term of this Agreement which completely restricts our ability to provide you with the Service and we don't correct it within 7 days of receiving your complaint;”
Their contract.
Consumer law/contract law.