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O2 upgrade

  • 11-12-2010 5:10pm
    #1
    Registered Users, Registered Users 2 Posts: 4,113 ✭✭✭


    I broke my mobile (nokia 6300) the other day. The last upgrade I got before that was about a year ago soI thought I am surely due some kind of upgrade (I am with O2).
    They told me I am not due one because I changed tariff (on their advice) 6 months ago. That means you start from scratch again (seems like technically you are a new customer). This is an absolute disgrace as I am with O2 for about 10 years but being penalised for changing my tariff.
    I would have to pay up my contract to get out of it but that would be about €400. I am actually prepared to do it I am so p***ed off.
    I had insurance cover so I would get the value of the phone at time of purchase I think?
    I only changed my tariff 'cause they rang me and "advised" me to as it would save me money based on my call history (which maybe it has) but now I see they obviously had an ulterior motive.
    They deliberately didn't tell me that I would lose my upgrade, I would never have changed tariff if I had known that.
    Is there any way I can get out of this? I could just say they changed my tariff without my consent but I don't want to do anything dishonest (even though they have IMO).


Comments

  • Closed Accounts Posts: 2,419 ✭✭✭tommy21


    lukin wrote: »
    I broke my mobile (nokia 6300) the other day. The last upgrade I got before that was about a year ago soI thought I am surely due some kind of upgrade (I am with O2).
    They told me I am not due one because I changed tariff (on their advice) 6 months ago. That means you start from scratch again (seems like technically you are a new customer). This is an absolute disgrace as I am with O2 for about 10 years but being penalised for changing my tariff.
    I would have to pay up my contract to get out of it but that would be about €400. I am actually prepared to do it I am so p***ed off.
    I had insurance cover so I would get the value of the phone at time of purchase I think?
    I only changed my tariff 'cause they rang me and "advised" me to as it would save me money based on my call history (which maybe it has) but now I see they obviously had an ulterior motive.
    They deliberately didn't tell me that I would lose my upgrade, I would never have changed tariff if I had known that.
    Is there any way I can get out of this? I could just say they changed my tariff without my consent but I don't want to do anything dishonest (even though they have IMO).

    Are you sure you have the right info. As far as I know, upgrade eligibility is based on how much you spend and not how long you've been with O2. I wouldn't waste your breath trying to get one though. Had a similar issue, we were spending huge amounts of money, but they would not budge.


  • Subscribers Posts: 19,425 ✭✭✭✭Oryx


    o2 are notoriously stingy with their upgrades, so youre probably not entitled anyway. If I were you Id be more upset about being tied to contract, as you cant port to another network.

    They tried the same phone thing with my husband, he said he would think about whatever tarrif thing they were offering, but they signed him up anyway, he got a letter to that effect a week later. I got it reversed, but it took a lot of pushing them, they werent keen to revert him back to his non tied contract status.


  • Registered Users, Registered Users 2 Posts: 4,113 ✭✭✭lukin


    Oryx wrote: »
    k.

    They tried the same phone thing with my husband, he said he would think about whatever tarrif thing they were offering, but they signed him up anyway, he got a letter to that effect a week later. I got it reversed, but it took a lot of pushing them, they werent keen to revert him back to his non tied contract status.

    I could do that so; just say that they changed me to a new tariff without my consent. I only agreed to it over the 'phone, I didn't sign anything so they have no proof.


  • Closed Accounts Posts: 2,419 ✭✭✭tommy21


    lukin wrote: »
    I could do that so; just say that they changed me to a new tariff without my consent. I only agreed to it over the 'phone, I didn't sign anything so they have no proof.

    Remember hearing "For quality and training purposes, this call will be recorded..."? They keep all of these stored away. Takes them time to dig out but rest assured they have that one covered!


  • Subscribers Posts: 19,425 ✭✭✭✭Oryx


    The key thing with our situation was we knew he hadnt agreed, I overheard what he had said. So I could argue that point. And a good job too. They were tough to deal with regardless.


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  • Registered Users, Registered Users 2 Posts: 4,113 ✭✭✭lukin


    I'll pay up my contract so and change to another network, the money I'll get for the insurance cover will pay some of it. I won't be able to afford it until teh nw Year but n a point of principle I wouldn't stay with them, even though I hate paying them the money.
    Disgraceful way to treat a long-serving customer.


  • Closed Accounts Posts: 520 ✭✭✭Domscard


    I would be loathe to give them something for nothing though, which you would be doing if you pay up your contract. Can you not get another phone (maybe an old one?) and stay with them until the contract is up and you've got the value out of it? Then leave and choose another provider with whatever phone you choose from them.


  • Registered Users, Registered Users 2 Posts: 4,113 ✭✭✭lukin


    Domscard wrote: »
    Can you not get another phone (maybe an old one?) and stay with them until the contract is up and you've got the value out of it? Then leave and choose another provider with whatever phone you choose from them.

    Sure it's the same difference, I'll be paying the same money if I stay with them or if I pay it up and leave.


  • Subscribers Posts: 19,425 ✭✭✭✭Oryx


    Yeah but youll be paying someone else for new phone service as well.


  • Closed Accounts Posts: 520 ✭✭✭Domscard


    lukin wrote: »
    Sure it's the same difference, I'll be paying the same money if I stay with them or if I pay it up and leave.

    What Oryx said. Have you got an old phone, or could you borrow one from someone else? Most people have an old but functioning phone lying around that will tide you over. Once you've availed of the paid for service and finished the contract - then leave. Why pay twice :confused: The only person who suffers then is you and you'll have given them money for nothing.


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  • Registered Users, Registered Users 2 Posts: 5,273 ✭✭✭racso1975


    Lady over in the mobile forum called sheena, she's a representative of o2. Might be worth givin her a shout.


  • Closed Accounts Posts: 1,383 ✭✭✭91011


    lukin wrote: »
    IThey told me I am not due one because I changed tariff (on their advice) 6 months ago. That means you start from scratch again (seems like technically you are a new customer). This is an absolute disgrace as I am with O2 for about 10 years but being penalised for changing my tariff.
    .

    Yes this is the sneakiest scam going in mobile phones. They rang me a year ago generally asking about how the service was and the "suggested" that I stay on the current tarriff. - Next thing I get a letter confiming that the current tarriff is continuing and that this would continue for 12 months.

    A damning letter was sent to them that day and I switched out of the sneaky b*stards.

    Your best bet is to say you NEVER agreed to any contarct extension and ask them for the paperwork / recording to show where you agreed to a new 12 month contract. They won't be able to give it to you! - Then switch out of them to three or meteor or emobile and you'll cut your bill by half.


  • Registered Users, Registered Users 2 Posts: 4,113 ✭✭✭lukin


    91011 wrote: »

    Your best bet is to say you NEVER agreed to any contarct extension and ask them for the paperwork / recording to show where you agreed to a new 12 month contract. They won't be able to give it to you! - Then switch out of them to three or meteor or emobile and you'll cut your bill by half.

    That's what I am thinking of doing but if the have a recording of the conversation like another poster said then I am screwed.
    I don't want them cancelling my SIM, that would be a disaster.


  • Registered Users, Registered Users 2 Posts: 28,691 ✭✭✭✭drunkmonkey


    lukin wrote: »
    That's what I am thinking of doing but if the have a recording of the conversation like another poster said then I am screwed.
    I don't want them cancelling my SIM, that would be a disaster.


    When you agreed to the verbal contract they also had to send you out full terms and conditions of the new contract within your 7 day cooling off period.
    If you did not get these (can o2 prove they were 100% delivered to you and you were fully informed off all the T's&C's). A verbal contract won't hold up unless o2 can can prove they did give you all the information which they can't.

    I'd tell them that you never got the T's & C's and if they don't back down and release you from contract i'd be off to comreg waiving the anti consumer practice flag as you feel you were conned and not given the full details of what they were doing and the effects on your upgrade etc.


  • Registered Users, Registered Users 2 Posts: 34,788 ✭✭✭✭krudler


    lukin wrote: »
    I broke my mobile (nokia 6300) the other day. The last upgrade I got before that was about a year ago soI thought I am surely due some kind of upgrade (I am with O2).
    They told me I am not due one because I changed tariff (on their advice) 6 months ago. That means you start from scratch again (seems like technically you are a new customer). This is an absolute disgrace as I am with O2 for about 10 years but being penalised for changing my tariff.
    I would have to pay up my contract to get out of it but that would be about €400. I am actually prepared to do it I am so p***ed off.
    I had insurance cover so I would get the value of the phone at time of purchase I think?
    I only changed my tariff 'cause they rang me and "advised" me to as it would save me money based on my call history (which maybe it has) but now I see they obviously had an ulterior motive.
    They deliberately didn't tell me that I would lose my upgrade, I would never have changed tariff if I had known that.
    Is there any way I can get out of this? I could just say they changed my tariff without my consent but I don't want to do anything dishonest (even though they have IMO).

    Changing your tariff doesnt reset your upgrade spend, there are new rules where if you change to an 18 month tariff then you're eligible for an upgrade every 18 months rather than every 12.

    When was your last upgrade? if its close enough to being near 18 months they may override it. The ugrade rules only changed a few months ago so the agent who changed you to the new tariff wouldnt have known about it when you changed 6 months back,explain this and they might look at something for you.

    Why dont you just use the insurance? the 6300 isnt available anymore so you'll get a better phone out of it at least, they match the equivalent of what you had spec wise afaik.

    When you agreed to the verbal contract they also had to send you out full terms and conditions of the new contract within your 7 day cooling off period.
    If you did not get these (can o2 prove they were 100% delivered to you and you were fully informed off all the T's&C's). A verbal contract won't hold up unless o2 can can prove they did give you all the information which they can't.

    Upgrades arent part of a contract, its not mentioned anywhere in the t&cs that you'll get an upgrade every 12 months so that wont hold up if the criteria for getting an upgrade changes,the op took a new price plan, and o2 are keeping their end of what they agreed to.


  • Registered Users, Registered Users 2 Posts: 4,113 ✭✭✭lukin


    krudler wrote: »
    When was your last upgrade? if its close enough to being near 18 months they may override it. The ugrade rules only changed a few months ago so the agent who changed you to the new tariff wouldnt have known about it when you changed 6 months back,explain this and they might look at something for you.
    I upgraded 12 months ago. I am prepared to play hardball over this and will let them know. I don't like giving tech support and shop assitants grief as they don't make the rules but I have made it clear to them and will continue to make it clear that this is totally unacceptable to me.
    krudler wrote: »
    Why dont you just use the insurance? the 6300 isnt available anymore so you'll get a better phone out of it at least, they match the equivalent of what you had spec wise afaik.
    Dunno if they have to match the spec, just the value. They will only give me a replacement 'phone anyway, I would rather have the money so I can use it to buy out my contract.





    Upgrades arent part of a contract, its not mentioned anywhere in the t&cs that you'll get an upgrade every 12 months so that wont hold up if the criteria for getting an upgrade changes,the op took a new price plan, and o2 are keeping their end of what they agreed to.[/QUOTE]


  • Registered Users, Registered Users 2 Posts: 28,691 ✭✭✭✭drunkmonkey


    lukin wrote: »

    Upgrades arent part of a contract, its not mentioned anywhere in the t&cs that you'll get an upgrade every 12 months .
    [/QUOTE]

    There part of my contract and i've never had a bother getting one but then again i'm not with o2. Here's the upgrade T's & C's not from o2. Meteor have the same policy only it's 12 months in your first year not 10 months like 3.
    Vodafone is pretty similar to o2 but they don't do the sneaky saving up money con job and do away with your upgrade or lock you in for 18mts for changing plan.


  • Closed Accounts Posts: 925 ✭✭✭O2_Sheena


    Hi all, I'll echo what Krudler said earlier about our upgrade criteria change. The criteria was updated a few months ago so that those on a 12 month price plan could get an upgrade after 12 months, and those on an 18 month price plan could get one after 18 months. The reason being that those on 18 month plans pay less line rental per month than those on 12 month plans.

    Lukin, I'm assuming what happened is that you accepted an 18 month plan and so your upgrade would be in approx 6 months, but I can confirm all that if you send me a PM with your mobile number.

    I am sorry if this criteria change has affected anyone but feel free to drop me a PM if you want to discuss anything further.


  • Closed Accounts Posts: 3,212 ✭✭✭Jaysoose


    O2 pulled the same bait and switch with me last year, rang me offering a shiny new tariff and took away the platinum upgrade currently on my account without mentioning that the new tarriff was effectively me signing a new contract so i lost my upgrade and when i complained i found the previous 3 years meant nothing and i had to buy out of my contract to get away from them.

    Really sneaky work practices and left a sour taste with me, op downgrade your tarriff to the cheapest level and let it run out then take your money elsewhere. Funny how the O2 rep turns up on a public board while if you ring them in private they wouldnt do a thing for you.


  • Registered Users, Registered Users 2 Posts: 28,691 ✭✭✭✭drunkmonkey


    Jaysoose wrote: »
    op downgrade your tarriff to the cheapest level and let it run out then take your money elsewhere

    They've changed that as well, want to change your price plan and your in for another 12 or 18mts.


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  • Closed Accounts Posts: 3,212 ✭✭✭Jaysoose


    They've changed that as well, want to change your price plan and your in for another 12 or 18mts.

    And you can bet they dont tell you this at the time when they are offering you this fantastic offer, its close to purposely deceiving the customer.


  • Registered Users, Registered Users 2 Posts: 2,843 ✭✭✭Arciphel


    Just found this thread after doing a search for "O2 verbal contract". My wife has a similar problem now in that she wants to move to 3 and has had the same handset for 2 1/2 years. The lady in the O2 store told her that her contract runs until October of this year (2011) as she accepted a verbal contract over the phone from O2. needless to say she is absolutely livid about this and is going to call them this evening to get to the bottom of it, she didn't agree to anything like this over the phone or otherwise and it stinks of very sharp practise by O2, if they are not technically breaking the law with these tactics then surely they are at the bleeding edge of what is legally allowed?


  • Closed Accounts Posts: 8,323 ✭✭✭Savman


    Similar situation here, been with O2 for donkeys years but can't upgrade even tho the phone I got in the last upgrade is muck.

    So I'll be letting this contract wind down and not accepting any bait and switch offers in the future.


  • Registered Users, Registered Users 2 Posts: 190 ✭✭sh1tin-a-brick


    Had a few problems with checking upgrades online, but I have to say, despite all the guff the O2 staff get here, O2_Sheena was really helpful. Sorted it all out and even sent my dad (it's him that's getting the upgrade) a reference number so he could get his upgrade in the shop if he wanted. Just wanted to throw that in there!


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