Unlimited Data being Restricted for last 4 months in a row?

[Anonymous]

I have used the same 'iPhone 35' contract since 2008 - got the iPhone 3G when it was initially released. 

(600 mins, 500 texts, unlimited data) and it is unlimited data factor that has kept me on this for so long - all upgrades offered do not offer what i would want, and all are considerably more expensive with less data

However, without using phone any more than previously, i have had a cap put on at 4GB every month since June, and the speed reduced to where i cannot even load google - and i cannot even add a bolt on or similar, meaning that i cannot use the phone for Internet til the end of the month which is such an inconvenience!

I understand the 'fair usage policy' but how is 4GB determined as the cut off point - especially with o2 now offering 20GB data plans? surely, this goes against the fair usage policy, or the cut off point should be increased?

[MI5]

---

@aldaweb wrote:

It seems that O2 are trying to force those on unlimited data tariffs onto newer ones with fixed data amounts.

---

Seems obvious 

[davethorp]

If O2 have moved the goal posts, and it certainly wouldn't be the first time they have done that, if you are on a legacy tariff you must be out of contract so are free to either move to a tariff with O2 that more suits your needs that is probably also cheaper and includes tethering or of course leave O2.

Other networks such as 3 offer unlimited data packages although even 3 have started to restrict these more with current plans having a 4GB limit on tethering (sim only) or even 2GB (handset). Hopefully 3 wont pull a similar stunt with my legacy tariff I have with them which still offers unlimited tethering

[Bambino]

My timing for dumping my legacy tariff and getting a cheaper deal with Tesco was pretty good then. 

[jonsie]

I've only stayed on the legacy tariff  myself for the unlimited data on a relatively cheap tariff. I will however  be changing when I upgrade especially as they are moving the goalposts....   

[Anonymous · Accepted solution]

This should be a classic case for the Ombudsman Service. Let's look at facts as reported by the OP.

2008 OP bought an iPhone 3s on contract with (amongst other things) unlimited data.
2010 to current OP has opted not to upgrade and remain on legacy tariff.
(Note OP could if they wanted and if they could afford to do so purchase a new iPhone from Apple direct and use existing tariff keeping same number).
2014 (i think) o2 change the terms of the tariff to limit the data to 4g.

Without looking at all the t&c's, IMO o2 MUST have made clear at the time of selling the original contract that the terms of the tariff could change in future. Hiding a fundamental element in the depths of t&cs is generally frowned upon.

So what should the OP do now?

1. Email complaintreviewservice@o2.com detailing the fact they are on a legacies tariff that includes unlimited data.
2. IF o2 believe that there was a fair usage cap at the time then they must evidence this and evidence that the OP was reasonably aware at the time of taking out the contract.
3. CRS will then email their final adjudication which, knowing o2, is likely to be a load of waffle followed by "tough that's the way it is".
4. Refer the complaint to the Ombudsman with full details about the unlimited data and how o2 are trying to remove the service even though you continue to remain on the tariff.

My feel is that the Ombudsman may well side with the OP assuming the fair usage cap was not in the t&cs in 2008.

Oh and if you did lose you can rejoice in the fact that just referring the case to the Ombudsman will cost o2 £300.

Note you MUST go through complaintreviewservice@o2.com for a final determination before you can go to the Ombudsman.

Good luck. Process may take up to 13 weeks but may be worth it. In the meantime if you want to move to a more up to date iPhone you can purchase a new one and keep your existing account and tariff pending outcome of your case. Please let us know how you get on.