O2/Three - breach of O2 contract ??

Bella_Lyn86 · 20-01-2015 5:34pm #1

As you probably know by now 3 which is owned by Hutchison Whampoa bought O2 Telefonica Ireland in July.

I upgraded and signed into a 24 month contract with O2 before this sale was completed
I signed into this contract with Telefonica Ireland trading as O2 and did not sign contract for Hutchison Whampoa trading as 3

3 are now taking over contracts for existing O2 customers and I understand the service and package remains the same but surely terms of my original O2 are been breached as I did not sign the contract at the time to be a 3 customer
Do I have the option to get out of my contract?

Slippin Jimmy · 20-01-2015 5:39pm

Bella_Lyn86 wrote: »

As you probably know by now 3 which is owned by Hutchison Whampoa bought O2 Telefonica Ireland in July.

I upgraded and signed into a 24 month contract with O2 before this sale was completed
I signed into this contract with Telefonica Ireland trading as O2 and did not sign contract for Hutchison Whampoa trading as 3

3 are now taking over contracts for existing O2 customers and I understand the service and package remains the same but surely terms of my original O2 are been breached as I did not sign the contract at the time to be a 3 customer
Do I have the option to get out of my contract?

You will still be an 02 customer. Your terms have stayed the same. You will have to continue out the contract.

ytpe2r5bxkn0c1 · 20-01-2015 5:50pm

Not unless the terms of the contract have changed.

Parent companies are bought out all the time. Your contract stands as is.

Cabaal · 20-01-2015 8:09pm

Bella_Lyn86 wrote: »

3 are now taking over contracts for existing O2 customers and I understand the service and package remains the same but surely terms of my original O2 are been breached as I did not sign the contract at the time to be a 3 customer
Do I have the option to get out of my contract?

Nothing has changed yet, you're still an O2 customer with an O2 service.
Until the Terms & Conditions change to say services are being provided by Three then you have no basis to claim you should get out of contract.

For all you know Three may to decide to leave O2 run their own separate options for another 6-24 months, plenty of company's separate company's like this all the time as they feel people "trust" certain brand names.

Bella_Lyn86 · 20-01-2015 8:15pm

I have three mobile numbers in the one account
One number was upgraded before the sale to 3 completed so I would understand why that number would be still in contract

Christmas week I upgraded a second number- this was after the sale to 3 was complete, but the paperwork I signed on the day was all O2 paperwork and terms ie the paperwork was Telefonica Ireland trading as O2 with the vat number.nowhere on the paperwork I signed had Hutchinson or 3 stated
Surely as the entity of the paperwork I signed no longer exists (Telefonica Ireland) my contract is null & void

Again I signed into these contracts on the knowledge it was with O2 not 3

All this info is new to me so when I signed at Xmas time I wasn't aware of what was going on in background until I got a text from the network today

Bella_Lyn86 · 20-01-2015 8:23pm

Cabaal wrote: »

Nothing has changed yet, you're still an O2 customer with an O2 service.
Until the Terms & Conditions change to say services are being provided by Three then you have no basis to claim you should get out of contract.

For all you know Three may to decide to leave O2 run their own separate options for another 6-24 months, plenty of company's separate company's like this all the time as they feel people "trust" certain brand names.

Apparently come mid Feb start of March O2 will be no longer a brand in retail it will all be replace by 3

Slippin Jimmy · 20-01-2015 8:53pm

Bella_Lyn86 wrote: »

Again I signed into these contracts on the knowledge it was with O2 not 3

Again you are still in contract for whatever period of time you signed up for. You will still receive the same contract commitment. If 02/3 decide to alter these you may be able to leave without penalty. But for now you are unaffected by any change.

Cabaal · 20-01-2015 8:56pm

Bella_Lyn86 wrote: »

Apparently come mid Feb start of March O2 will be no longer a brand in retail it will all be replace by 3

ok, in that case your terms & conditions may change at that stage, but as it stands right now nothing has changed contract wise so you have no basis to get out of contract

Zhane · 20-01-2015 9:13pm

Cabaal wrote: »

ok, in that case your terms & conditions may change at that stage, but as it stands right now nothing has changed contract wise so you have no basis to get out of contract

I don't see how. He signed up with O2. O2 will still provide this service to him. At the end of his current contract, I would expect Three to step in and try and entice him off the O2 network and onto their prime brand. Nothing in this contract has been breached. As mentioned earlier, Parent companies change all the time, however this one has a media interest so more people know about it and are trying to get out of contracts and keeping the expensive phones, not what I think thats what the OP is doing.

Bella_Lyn86 · 20-01-2015 9:25pm

Zhane wrote: »

I don't see how. He signed up with O2. O2 will still provide this service to him. At the end of his current contract, I would expect Three to step in and try and entice him off the O2 network and onto their prime brand. Nothing in this contract has been breached. As mentioned earlier, Parent companies change all the time, however this one has a media interest so more people know about it and are trying to get out of contracts and keeping the expensive phones, not what I think thats what the OP is doing.

No, mid contract my service provider will change from O2 ( which I signed for) to 3 ( that I didn't sign for

It has nothing to do with the expensive phone.it means that I have now no choice but to be with 3 for the remainder of my contract.not my network of choice and if i want to leave 3 as my provider I will have to break my contract and be charged

Zhane · 20-01-2015 9:35pm

Bella_Lyn86 wrote: »

No, mid contract my service provider will change from O2 ( which I signed for) to 3 ( that I didn't sign for

It has nothing to do with the expensive phone.it means that I have now no choice but to be with 3 for the remainder of my contract.not my network of choice and if i want to leave 3 as my provider I will have to break my contract and be charged

As of right now, Three and O2 are being treated as separate businesses. Where have you heard you provider has changed? Has 3/O2 been in contact with you?

Bella_Lyn86 · 20-01-2015 9:40pm

Zhane wrote: »

As of right now, Three and O2 are being treated as separate businesses. Where have you heard you provider has changed? Has 3/O2 been in contact with you?

Yes received a text today:

"Over the coming months, O2 will become Three. As an O2 customer, the only changes you will see is the Three logo replacing the O2 logo across the retail stores, website, bills and on your phone. Everything else will be business as usual. We'll keep you posted on further updates. For more info see o2.ie. From O2"

I understand business as usual as the packages etc remain the same
But again it's not my network of choice and there was a reason I didn't choose 3 originally day one

Ste.phen · 20-01-2015 9:43pm

What do you think is changing, exactly? Seems like at first all that will change is the branding: the packages, contracts, service, etc don't appear to be affected

Sleeper12 · 20-01-2015 9:43pm

if you took out a loan with a bank and that bank is taken over by another bank, you still owe the money. unless the terms change you are still in contract.
I was with eircell back in the 90s and Vodafone took them over. my contract still stood.

ben.schlomo · 21-01-2015 12:45am

Bella_Lyn86 wrote: »

Yes received a text today:

"Over the coming months, O2 will become Three. As an O2 customer, the only changes you will see is the Three logo replacing the O2 logo across the retail stores, website, bills and on your phone. Everything else will be business as usual. We'll keep you posted on further updates. For more info see o2.ie. From O2"

I understand business as usual as the packages etc remain the same
But again it's not my network of choice and there was a reason I didn't choose 3 originally day one

I dont understand what part of 'your terms and conditions arent changed' youre not getting OP? Three have even told you nothing bar aesthetics is changing, if o2 is your only provider of choice then im afraid youll have to give up the use of a mobile!

Racman · 21-01-2015 1:10am

Most commercial contracts nowadays have change of ownership clauses that allow the contract to be assigned to a different entity. You have read your own contract haven't you?

This is what I found at http://www.o2online.ie/o2/uploads/pdfs/terms/consumer/The-General-Terms-for-O2-Services-June-2014.pdf

"19.2 We can transfer this Contract to another party at any time. You may not transfer this Contract to another party unless we have agreed in writing beforehand."

Is pretty clear-cut. If you signed a contract with O2/Telefonica, you are probably bound by this. In any case, it may actually be that the entity with which you entered into a contract will only be changing its name so the contract may not actually be transferred to anyone. Either way, you won't be able to use the change from O2 to Three as an excuse to get out of the contract.

Nelbert · 21-01-2015 10:19am

Your service hasn't actually changed OP.

Three will be making use of the O2 network. So while over time the logo in the top corner may change if anything your service will be better as the currently separate networks are combined.

Pretty much every consumer contract has rights for reassignment. Your service and terms haven't changed, the logo will that's about it.

DoctorEdgeWild · 21-01-2015 10:35am

I think you may have to give some more information as to what it is you're concerned about OP.

As previously posted, companies change ownership regularly, their day to day generally operations remain the same from a customer's point of view.

Riamfada · 21-01-2015 12:00pm

There will be an upsurge in threads like this with people thinking they can get out of binding contracts. You cant in this case.

dudara · 21-01-2015 12:11pm

Change of ownership of a company is a normal occurrence, and as most people have said, this is usually covered in the standard T&Cs.

You can exit your contract if Three/O2 make any changes to the T&Cs of your contract/plan. If they do this, then you have one month (I think) to exit the contract without penalty.

I remember that there used to be a website that would monitor all the major service providers and would list any changes to their T&Cs. Does anyone know if that still exists?

Cabaal · 21-01-2015 1:21pm

dudara wrote: »

I remember that there used to be a website that would monitor all the major service providers and would list any changes to their T&Cs. Does anyone know if that still exists?

This

http://www.tosback.ie/

not sure if its been kept up to date anymore though

massy086 · 22-01-2015 6:17pm

every month send a check made out to o2.and if they take issue with this, well you signed up to pay o2 and thats what you are doing:P:P

ytpe2r5bxkn0c1 · 22-01-2015 7:15pm

massy086 wrote: »

every month send a check made out to o2.and if they take issue with this, well you signed up to pay o2 and thats what you are doing:P:P

That has no legal basis or standing whatsoever.

massy086 · 22-01-2015 7:19pm

Audrey Whining Machinist wrote: »

That has no legal basis or standing whatsoever.

Still be interesting to see them trying to lodge them

Cabaal · 22-01-2015 9:05pm

massy086 wrote: »

Still be interesting to see them trying to lodge them

Be even funnier when they suspend the service for non-payment of outstanding debt.

ytpe2r5bxkn0c1 · 22-01-2015 9:22pm

massy086 wrote: »

Still be interesting to see them trying to lodge them

A. If they can't then they won't. And B. you won't be there to see anything.

Zulu · 26-01-2015 2:31pm

I've the same question as the OP.

I left 3 because of their poor customer service and went back to O2. I signed with O2 because I did NOT want to be a 3 customer. It appears that now I will be a 3 customer. I'm not happy.

Nody · 26-01-2015 2:39pm

Zulu wrote: »

I've the same question as the OP.

I left 3 because of their poor customer service and went back to O2. I signed with O2 because I did NOT want to be a 3 customer. It appears that now I will be a 3 customer. I'm not happy.

If you're happy or not has no bearing on your signed contract how ever...

As for the idea with the cheque; as they are taking over the legal entity name they would easily be able to cash it in at no additional cost. They would most likely keep the possibility for years after it's stopped being used so good luck trying to get out that way.

dudara · 26-01-2015 2:43pm

I'm guessing here, but I'd say that Three and O2 will remain separate internally for a while. Merging together two groups of staff, two support organisations, two sets of IT landscapes etc will all take a lot of work. I could be wrong, but I don't think people will see a big different in the short term. You can exit your contract once it is up and transfer your business elsewhere.

drunkmonkey · 26-01-2015 2:44pm

Zulu wrote: »

I've the same question as the OP.

I left 3 because of their poor customer service and went back to O2. I signed with O2 because I did NOT want to be a 3 customer. It appears that now I will be a 3 customer. I'm not happy.

Three have taken over o2's customer care, so now you customer service is back in Ireland if that's what your worried about.

Zulu · 26-01-2015 3:55pm

drunkmonkey wrote: »

Three have taken over o2's customer care, so now you customer service is back in Ireland if that's what your worried about.

I couldn't give a fiddlers <SNIP> (pardon the language) where the support is physically located so long as it's support and not an infuriating hindrance. I found 3's support to be simply the worst customer "care" I've ever come across in my life, and had vowed never to do business with them ever again.

Sadly, I'm not able to stand by that vow for the time being.

O2/Three - breach of O2 contract ??

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