on 24-05-2018 23:27
on 24-05-2018 23:27
So in a nutshell a question came up regarding the actions of requesting a PAC, and triggering a PAC and what if any impact this might have on the standard 30 day notice period and pay monthly contracts.
Below are (some) of the relevant terms, just like those that we are always telling people to read when they object to things; and in them we can see that O2 are very keen on the 30 days notice clause.
'But what about when you trigger a PAC doesn't that end your contract?' I hear you cry!
Well strangely O2's terms go a bit quiet and shuffley on this one. Nothing in there about PAC being used ending a contract, or O2 waiving their hard fought 30 day rights if a PAC is used or anything much. Well nothing that I can find in any case.. but i did find this little nugge on the help pages and not much else:
LeavingO2Your account will close once the PAC code is used, until then you will still be charged.
If you cancel before your contract ends, we'll need 30 days’ notice and you might be charged.
For information about returns and repairs, visit our help page.
And even here O2 get their 30 days clause in! 'Closing an account' does not end a contract, and it is a form of words that would carry the least amount of weight if things ever got difficult.
Colloquially industry practice is to say that the port request 'triggers the 30 day notice period' because it's easier than explaining what no operator including O2 wants to spell out.
We may (reluctantly) waive our rights in terms of a notice period when you trigger a PAC but we absolutely do not release you from your contractual obligations and may choose to enforce them, in terms of charges and notice period.
Managing the PAC process without this (never spelt out ) waiver would be close to impossible - but that doesn't mean O2 in any way withdraw the 30 day term, or release people from thier obligations - or even admit the PAC actually does serve notice. The 30 day clause is and always will remain inviolate.
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Your Pay Monthly Mobile Agreement
Your Minimum Period - Your Pay Monthly Mobile Agreement has a minimum term called a Minimum Period. After that Minimum Period, you can end the Agreement by giving us 30 days' Notice and you will have to pay Charges during this notice period. Unless specified otherwise (such as in your Tariff Terms), if you want to end the Agreement during the Minimum Period or we end this Agreement as a result of your material breach, then you will have to pay a fee of no more than your Monthly Subscription Charges multiplied by the number of months left in your Minimum Period and if you've taken Equipment on a Device Plan, you will have to pay for it in full. Details are in paragraph 8 of the Agreement.
5. 5 If you want to end the Agreement because of one of the circumstances in paragraph 5.4 you must give us Notice that you want to within 30 days of our Notice. If you don't give us Notice within 30 days, you accept the new Charges and the Agreement will continue with the new Charges.
Ending the Agreement
If you want to end the Agreement for any of the reasons described in paragraph 8.2 or 8.4 (b), (c) and (d), you must call customer service and give us Notice of at least 30 days. If you want to end the Agreement under paragraph 8.4(a) you must give us written notice of at least 7 days.
Pay Monthly Early Termination
The following terms and conditions apply from 1 June 2008 By Using the Service you will be deemed to have accepted these terms and conditions. Please note these terms and conditions are updated from time to time and terms relating to early termination will apply unless other terms and conditions (such as tariff terms or early upgrade terms) expressly take precedence. Our latest Pay Monthly mobile agreement changes will be posted on our website. Please check these regularly as continuing to use the Service after changes have been posted on our website will mean that you agree to these terms as amended.
on 25-05-2018 11:28
on 25-05-2018 11:28
We already have a pac guide by MI5
https://community.o2.co.uk/t5/How-to-Guides/How-to-get-your-PAC-2017-Update/ba-p/1052278
25-05-2018 11:59 - edited 25-05-2018 12:00
This isn't a PAC guide @Anonymous it's an examination of what terms apply when someone ports. That's why it's got all the small print, but in a nutshell, triggering a port doesn't cancel your contact, it just closes your account, which are two entirely different things. The contract is alive and kicking and still enforceable.
on 01-06-2018 21:12
on 01-06-2018 21:12
My understanding was that even if the pac was used there would still be a 30 day notice period, which the operator isnt obligated to start when the PAC is used, so the owness is still on the customer to advise the operator of the intention to terminate and start the 30 day period.
on 01-06-2018 21:28
on 01-06-2018 21:28
on 02-06-2018 04:28
As far as O2 is concerned, once the number is moved via a PAC, the contract is terminated the account is closed immediately.
The final bill will be generated at this point in time and if notice hasn't been given, an additional 30 days may be charged, although this isn't the case every time.
I can't speak for how other networks operate, but this is the O2 way.
The other networks operate pretty much in the same way. The only way to terminate a contract with any network is to serve written notice in the prescribed way and meeting the prescribed conditions in the one or more sets of t & c's relating to it.
It's like getting a suspended sentence, 'account closure' looks like you are free and clear, and have a terminated contract/ but the moment you step out of line/ an anomoly is discovered /you are banged up doing porridge / having the terms enforced to rectify the anomoly./
Even if it doesn't look like the terms are being enforced/ you end up in an open prison.
Good luck getting anyone in O2 to admit to this, there are probably only four people in the whole of Telefónica UK who understand why this has to be the case and why it's important that they don't talk about it very much.
Here are the verbatim thoughts of the 'gurus' on the subject:
If the PAC is unused, the account will remain open and continue to be charged monthly, as it does not trigger a 30days notice as well as raising a code. It is the customers responsibility to use the code before it expires or request a different form of disconnection, if no longer wishes to keep their number and use the PAC.
A PAC code has a 30day expiry period, which in a way is similar to a 30day notice period, as you can use it up to the last few days before it expires, so you have time to decide on your new provider. However you can choose to use it sooner and disconnect within a few days from issue if so desired.
Also to answer the original question about fees; if the customer is still
in contract** in theory has payments left for their device, this will need to be paid/calculated before a PAC is raised. Otherwise they would be subject to Termination Fees. It is best when the customer isout of contract** at the time of the PAC being issued, to any have a minimal final bill. Only once the PAC is used and the number transferred to the new provider, will a final bill be produced to wrap up any final billing charges/tariff charges where necessary from O2, which is usually 14days later.
**The phrase 'out of contract' is used when in fact the precise phrase should be out of 'minimum term of the original contract' As one is never 'out of contract' as such so long as as one has a working phone line, and often subsequent to that. As once the original contract is up you are immediately moved to a rolling 30-day contract....