Problems with O2 - switching networks

tontodunmore

Hey guys,

I've been tearing my hair out for the last 2 months over this-

Basically i agreed to an 18 month contract with O2 back in jan '07, completed my contract and didn't switch networks until november '08, thus making me 4 months out of contract! since december i've been recieving letters from O2 stating that i've cancelled a new contract after 4 months and owe them 430 euro! i called O2 who stated that i agreed to a new contract last july, what actually happened was that they contacted me (at the end of my contract coincidentally and in fact the only time they ever contacted me via phone in the whole 18 months i was with them) and stated they had noticed that i hadn't been using my minutes each month and "kindly" offered to switch me to a smaller price plan and save me some money. Not once throughout the conversation was a new contract mentioned and if it had been i would have refused as i wasn't happy with the service.

I've rang O2 on loads of occassions and explained to them that i wasn't even aware i was still in contract with them because i never even agreed to one! I told them to get the recorded conversation of me and the agent back in july which would prove a contract was never mentioned, O2 stated not all conversations were recorded!! i've had lots of heated arguments with agents and supervisors who all say the same bull that i had to have agreed to a new contract and that i was sent a confirmation letter (which i never recieved) one week later stating this!

T's and C's states that i'm allowed to change my price plan once each term and this doesn't affect the duration of the term. I've told O2 i'm refusing to pay this joke of a fine and have told me it will be passed onto debt collectors if i dont.

I'm so frustrated with the whole thing! i've contacted comreg (communications regulator) about this who told me to lodge a formal complaint and if i'm stilll not happy with O2's response, they will take the case to O2.

It sounds completely illegal to me that O2 can sign me up to a contract without my permission and penalise me, total con artists!!. Ive searched the net and found one or two similar stories to mine, but the people in question stayed with O2 and thus avoided the fine!!

Has anybody any ideas on where i stand or what should i do? have i any grounds to fight this and win? has anybody heard of similar stories?any advice would be greatly appreciated!

Sam Vimes

my opinion there would be if they can't produce proof of you agreeing then you didn't agree and if what you're saying is accurate then you definitely didn't agree

Maybe contact the NCA

miceal

With 02 when you change your price plan they sign you into a new 12 month contract.

If the person did not tell you this then 02 are in the wrong!

I would continue to talk with comreg on this

krudler

miceal wrote: »

With 02 when you change your price plan they sign you into a new 12 month contract.

If the person did not tell you this then 02 are in the wrong!

I would continue to talk with comreg on this

Not always true, if your current contract has ended you should be given the option to go on the sim only plan which wont renew your contract

I have a huge problem with the calls to renew peoples contracts, the agents dont always mention the contract and a verbal contract letter stating you are in contract is meant to be sent, you have 7 days to respond to this if you dont agree to it but they dont always get sent , it an extremely flawed system and nobody in their right mind would sign themselves into an 18 month contract for no reason, it used to be you might get double minutes for 6 months or extra texts but with the clear plans you get absolutely nothing except a price plan that has a few mins more for a few quid less and they dont even carry over if they're not used

O2_Daryll

Can you post this On talk2O2 an I should be able to do something for you.

Random

What Vimes and Krudler said to be honest. If O2 can't back this contract up then you really shouldn't be stuck in it. At the same time, maybe they can back it up and will if challeneged.

I reckon the response in Consumer Issues would be better for you as this thread is less about mobiles and more about contract.

foggy_lad

I told them to get the recorded conversation of me and the agent back in july which would prove a contract was never mentioned, O2 stated not all conversations were recorded!!

o2 saying they dont record all calls is nonsense as all companies record these "contracting" calls and they are of course going to record any call that binds you into a new contract simply to cover themselves if you decided to leave o2 before the "new" contract is finished.

i had to have agreed to a new contract and that i was sent a confirmation letter (which i never recieved) one week later stating this!

if they sent you a letter surely it was one that required your signiture to again confirm the new contract and which you then would have returned to o2 for their records and so they would not need to rely on recordings of customer phone calls? and o2 not recieving this letter back from you would be your way of opting out of whichever deal you may have been talked into over the phone?

Sam Vimes

foggy_lad wrote: »

if they sent you a letter surely it was one that required your signiture to again confirm the new contract and which you then would have returned to o2 for their records and so they would not need to rely on recordings of customer phone calls? and o2 not recieving this letter back from you would be your way of opting out of whichever deal you may have been talked into over the phone?

No, you don't have to sign the letter, it's a confirmation not a contract and you only send it back if you object

O2_Daryll

Buddy I would love to help but without yours, i.e you account information, there is not much I can do for you.

krudler

foggy_lad wrote: »

o2 saying they dont record all calls is nonsense as all companies record these "contracting" calls and they are of course going to record any call that binds you into a new contract simply to cover themselves if you decided to leave o2 before the "new" contract is finished.


if they sent you a letter surely it was one that required your signiture to again confirm the new contract and which you then would have returned to o2 for their records and so they would not need to rely on recordings of customer phone calls? and o2 not recieving this letter back from you would be your way of opting out of whichever deal you may have been talked into over the phone?

Wrong

oh and wrong again

the misinformation continues...

Blue_Wolf

I have seen this happen alot. Ive seen bills of 800euro being charged. Had a lady before who rang up o2 saying her phone broke. They said oh we can give u an upgrade phone and asked her to pop into store. When u upgrade your phone you sign a new contract right above where it says 12month contract. However the customer didnt go for the upgrade and decided to change network. O2 charged her the 800euro as she agreed to getting an upgrade form but she changed her mind and didnt sign the o2 contract upgrade form. If you are verbally signing into a contract than whats the point of one signing the upgrade form in store? And yes they NEVER tell you over the phone that any of your actions will lead to being in a new contract. When u ring up and complain they all say oh u must have been told u were signing into a new contract.

Random

Blue_Wolf wrote: »

I have seen this happen alot. Ive seen bills of 800euro being charged. Had a lady before who rang up o2 saying her phone broke. They said oh we can give u an upgrade phone and asked her to pop into store. When u upgrade your phone you sign a new contract right above where it says 12month contract. However the customer didnt go for the upgrade and decided to change network. O2 charged her the 800euro as she agreed to getting an upgrade form but she changed her mind and didnt sign the o2 contract upgrade form. If you are verbally signing into a contract than whats the point of one signing the upgrade form in store? And yes they NEVER tell you over the phone that any of your actions will lead to being in a new contract. When u ring up and complain they all say oh u must have been told u were signing into a new contract.

It's possible the customer had changed her plan while on the phone to O2 which prompted the 12 month contract rather than the upgrade offer?

Steo46

Random wrote: »

It's possible the customer had changed her plan while on the phone to O2 which prompted the 12 month contract rather than the upgrade offer?

Thanks for the warning I was going to sign up to o2.

LiamD

Having worked in credit control myself I can tell you O2 will need proof that you agreed to a contract beyond the 18 months. No proof of services agreed = no pay. However, I'm not sure what would be considered proof of acceptance of a new contract. Perhaps read your T+Cs for anything about automatic resubscription?

I would recommend taking Daryll up on his offer of help on the o2 forum. Have seen him sort out problems before over there. I also think o2 could do a bit to train their call centre staff. When they brought out the o2 freedom plan I was inundated with calls from reps who wouldn't take no for an answer.

tontodunmore

Thanks for all your help guys

Daryll thankfully sorted it out

Trampas

I got the same call from O2 offering to save me a few euros and that this plan would suit me. My contract ends in March

Lucky I asked would this mean a new contract. They said yes. I said no thanks.

Seems like there is a push on in O2 to get people on contracts who are ending soon or ended