O2 Verbal Contract

gogul

Hi, I was onto O2 recently to figure out why as a Gold Upgrade member I was being charged more for the new C902 than a new subscriber would be (€200 compared to €150). Anyway, I asked what contract I was on and she told me it was a O2 Clear contract, which I assumed was the 30 day rolling contract, but she told me that I was commited to a new 18 month contract! I ask her how this was possible and she told me someone rang me (first thing one morning I may add) to ask me did I want to stay with O2. I naturally said yes as I had had no problems with them, but they automatically signed me up to an 18 month contract without telling me. They suppossedly sent me written confirmation about it and you only have 7 days to ring up if you want to cancel.

I was wondering if this is actually a binding contract? I mean, I dont recall getting this letter in the post and I definitely dont want to be stuck with these gits where I dont benefit by staying with them, only by signing up to them!

Anyone else have this problem?

Tarakiwa

This may be better answered in one of the legal forums ........ but ....

As far as I know a contract has 4 main elements;

1) Offer
2) Acceptance
3) Consideration / Payment
4) Intent to enter into a contract

I can see that you would be in a position to dispute a few of these.

trellheim

a quick note

Clear = the new O2 price Plans with a 12 or 18 month lock in and upgrades [ although given the recent changes, completely crappy upgrades ]

"Clear SIM" = the rolling 30-day with NO UPGRADES

note the difference ....

also the winback/new customer is worth more to o2 than placating existing customers [ this is evident from the new upgrade policies, and why I've switched to Clear SIM ]

Note : don't work for O2 or the industry, just know how this crapology works

In a sentence : You're not worth Squat to them.

drunkmonkey

gogul wrote: »

I was wondering if this is actually a binding contract?

No, 02 would need to prove you were correctly informed of what was happening....
Can they prove you recived written notification of the new tarrif plan, did you sign anything.....nope.
Stick to your guns, "I did not understand and I don't want to be locked into any 18mt contract, now sort it out Robot Script Monkey:)!"

One side note, if 02 gave you a discounted or free phone it would be a little nieve to assume you could have a new phone and then cancel your contract 30 days later.....

best of luck...

gogul

Hey guys,

Thanks for all your posts on this. I contacted O2 via Email after 2 unsuccessful calls, and after some very round-about emails and a link to their T&Cs for Bill Monthly Users:
(The Terms and Termination section states: This Agreement commences on the date of your signature and will continue for the Term. During the Term, this Agreement may be ended by you giving O2 thirty days written notice.), they have removed me from the 18 month contract and moved me to O2 Clear SIM!

My advice if you are in the same boat: complain as they do not have a legal leg to stand on!

paulm17781

I think if they explain that by agreeing you are entering a new contract and they record the call, then it is viable. However if they ask are you happy and you say yes then as above, they haven't a leg to stand on.

miceal

paulm17781 wrote: »

I think if they explain that by agreeing you are entering a new contract and they record the call, then it is viable. However if they ask are you happy and you say yes then as above, they haven't a leg to stand on.

Recording the call means nothing too be honest. They can't use the call for any other purpose than training.

Call them ask for a manager you should get it sorted then if the rep isn't playing ball.

If you did avail of the upgrade and are using it then this can be tricky to get out off as you legally accepted the contract by action and continuing to use the phone. But you might be able to get them down to a 12 month contract.

Verbal contracts mean nothing either so you have a good leg to stand on!

Random

I think this is better suited to COnsumer Issues - feel free to throw it back if not !

gogul

miceal wrote: »

If you did avail of the upgrade and are using it then this can be tricky to get out off as you legally accepted the contract by action and continuing to use the phone. But you might be able to get them down to a 12 month contract.

Yeah, what they said was that if I went for an upgrade then I would be commiting to a 12 month contract, which makes perfect sense as I'll be getting the phone at a discount. What had annoyed me the most was that I didnt avail of any offers and they just committed me to 18 months! I mean, who in their right mind would say, "Yes, I think I would prefer an 18 month contract over a 12 month contract for no reason except that I love O2 that much!"

miceal

Yea it really doesn't make logical sense to ask for a 18 month contract. Not too fully up on 02 but do they have bonuses for entering into a 18 month contract or even offers for yourself? If they don't i can't see why anyone would actually sign into them.

krudler

drunkmonkey wrote: »

No, 02 would need to prove you were correctly informed of what was happening....
Can they prove you recived written notification of the new tarrif plan, did you sign anything.....nope.
Stick to your guns, "I did not understand and I don't want to be locked into any 18mt contract, now sort it out Robot Script Monkey:)!"

One side note, if 02 gave you a discounted or free phone it would be a little nieve to assume you could have a new phone and then cancel your contract 30 days later.....

best of luck...

except o2 staff dont have a script, thats 3 you're thinking about:D