Phone company continuing to bill me beyond that date of cancellation

qt9ukbg60ivjrn

Hi All,

I didn't post this in the 02 forum because the same people that I'm dealing with on their website post on boards. I also think this question is relevant to contract law so was hoping for some advice about whether I and/or 02 are acting within legal limits.

I had an 18 month iphone contract with 02, it finished more than a year ago. They called me up offering me a new deal (ages ago) with the purpose of tying me in again, but I knew their wily ways and agreed to just continue rolling over on a monthly basis.

My billing period goes from 23nd to the 22nd of each month (e.g. Jan 23nd - Feb 22nd, bill for this would presented on 25th Feb). I called up on the 29th Aug and asked for my contract to be cancelled. This amounted to my 30 days notice, which I was contractually obliged to give. I was asked if I wanted to be moved to prepay after the 30 days notice and was told to call them back after the 30 days to have this done.

In September I was presented with a bill for the 23/08/11 - 22/09/11 period and in October I was presented with a bill for the 23/09/11 - 22/10/11 period.

Since my 30 days notice fell within the October billing period (29/09/11) I was legally obliged to pay that bill.

I have now been presented with a November bill for the period 23/10/11 - 22/10/11. This is the problem.

I read through the contract and nowhere does it say 02 can bill me beyond the end date of 30 dates notice.

02 are claiming that since I didn't call them back to move to pay as you go, they were allowed to bill me beyond the date of agreed contract termination (29/09/11). They also claimed I used the phone during the November period (I called them up on this by telling them I saw the usage stats for calls, messages and data and they were all zero and I also haven't had my sim in my phone since the end of September)

Contract - http://www.o2.co.uk/assets2/pdf/2120%20CPM_TandCs_Booklet_LR_ONLINE.pdf

I've been having a conversation with them back and forth on the 02.ie forum and they keeping bring the issue back to the fact that they can't change my contract type to pay as you go without authorisation from me, which I needed to give by calling back after my 30 days notice. Irrespective of me calling back to change over, I requested the contract to be cancelled, so it should have either laid dormant with the number attached until I called and made the request or they should have just deleted the thing.

I really appreciate any advice and I hope this makes sense. I've dealt with 02 on a number of occasions and it's a shocking experience, but apparently all other phone companies are like that. I am fully willing to accept I could be wrong, but the 02 people will not directly address my specific question of why I am being billed without bring up the pay as you go contract switch request. These two issues should not be link in my opinion, and they are giving no good reason as to why they should. This is why I think they're fobbing me off which is making me more determined to find out if what they're doing is legal.

Thanks

tl;dr I gave thirty days notice to cancel my account, after the 30 days 02 billed me beyond the agreed period, they said I should have called back after 30 days notice to switch to pay as you go, since I didn't my contract remained the same rather than being shut down like I requested

Eleganza

if you fear they are going to bill you then cancel your direct debit and standing orders on your account. I did this today as I don't trust the service provider to do as they are told.

qt9ukbg60ivjrn

The problem is they direct debited my account for €52 in the month of November already. I didn't cancel it because I believed 02 would act in good faith and cancel my billing on the agreed date.

Never again.

qt9ukbg60ivjrn

Still need help with this.

02 keep changing the person helping me, which is slowing the situation down cause they're repeating questions.

Really really ****ty customer services.

They are saying I should have contacted them in writing, but I've read over my contract and I did exactly what it said.

slimjimmc

Time to lodge a formal complaint with O2. If they continue to resist, you can then bring the matter to ComReg and even the Small Claims Court. The formal complaint is important as it shows you are giving the service provider an opportunity to resolve the issue themselves.

detective

One word... comReg

slimjimmc

detective wrote: »

One word... comReg

ComReg (like the SCC) will only get involved once you've exhausted the operator's complaints procedures. It seems the OP has yet to even lodge a formal complaint.

http://www.askcomreg.ie/tell_us/complaints_and_queries.51.LE.asp