Unhappy with O2 Insurance replacement (damage claim)

[AngryCustomer2]

I had a Huawei P30 Pro which was an excellent phone. I had to place a damage claim for a cracked screen and was offered two Oppos (despite the litigation claims at present) and a Samsung S20 FE. I took the Samsung S20 FE (refurb, which was not made apparent to me when I took insurance or during the phone calls, though I have noted it in the document) which has been completely unfit for purpose. The battery barely lasts 12 hours even when mostly on idle. A battery efficiency calculator has estimated that at 100% charge, it would last 6 hours 30 minutes with the screen on. I use a lot of GPS maps for work which will eat up the battery in no time and also need this resolved quickly for work. I have paid out the insurance for nearly 3 years of my contract with insurance as well and now the excess to receive a product I would NEVER chose! The customer service has been abhorrent, I'm currently waiting for them to check a call me back after checking my original call - as they are wondering if I was told that I could not receive another replacement phone unless the one I received was faulty (I was not told this and would not have taken the insurance claim if I knew this, I was already nervous about taking a new model. The Huawei was working despite the cracked screen). Given that I need this resolved quickly for work in supporting children, I will be forced to pay out my contract and leave O2 if a resolution is not reached. I've went through the complaints email with no response and have been pawned off between calls and the stores several times, on top of being promised call backs that never came. The complaint has now been forwarded to the financial ombudsman. I have never complained through any customer service situations but crucially need my phone for work and this has been seriously disappointing.

[Bambino · Accepted solution]

@AngryCustomer2 Unfortunately, I think you may find that a complaint to the ombudsman will not get very far. O2 Insurance has fulfilled their obligation under the Terms & Conditions you agreed to. Below is the relevant section of the T & C's:

4. Details of Your cover
Section A – Cover for Accidental Damage
If Your Equipment is Accidentally Damaged anywhere in the world during the Term of Cover, We will
at Our discretion either:
(a) Repair Your Equipment; or
(b) Replace Your Equipment with a product of the same or a similar specification, as determined by
Us. Replacement Equipment might be a different colour or model from a different manufacturer.
It may be new, re-furbished, re-manufactured or re-packaged by a repair centre approved by Us; or

(c) In the case of Damage We may give You the option to pay a higher Excess for the Exchange
Service on the same terms as (b) above. Details of the higher Excess can be found at section 11.

[AngryCustomer2]

Surely it should be a phone that is fit for purpose! 

[Bambino]

@AngryCustomer2 I totally agree. The only thing I can suggest is that you ask for another replacement, but there's no guarantee that they will comply, and you may just have to chalk it up as an expensive lesson learned.

I would personally never use O2 insurance. There are many homeowners contents policies that cover mobiles, and is something you should consider when you get your next new phone.