Recieved bill for remainder of contract after switching from them

donegal100

Hello,
My wife received a bill for over €600 for breaking contract with O2 after switching to another provider.
At the time, she went to the O2 shop to enquire about a phone upgrade. She was told (and this has since been admitted by the person concerned) that she was entitled to an upgrade and that if you are entitled to an upgrade you are out of contract.
We then switched to another provider. She has now received a bill for over €600. Comreg say to complain directly to O2 and if this doesn't work to contact Comreg again.
I presume that because the shop worker (an O2 shop) said that she was out of contract that they cannot now charge us?

Paulw

Did your wife contact O2 and terminate the contract? You are required to give 30 days notice, in writing, to terminate the contract.

If she just switched, then she is liable for the charge.

donegal100

No, when we were told that we were out of contract, we went to Meteor who said they would deal with the switch over.

theteal

donegal100 wrote: »

Hello,
My wife received a bill for over €600 for breaking contract with O2 after switching to another provider.
At the time, she went to the O2 shop to enquire about a phone upgrade. She was told (and this has since been admitted by the person concerned) that she was entitled to an upgrade and that if you are entitled to an upgrade you are out of contract.
We then switched to another provider. She has now received a bill for over €600. Comreg say to complain directly to O2 and if this doesn't work to contact Comreg again.
I presume that because the shop worker (an O2 shop) said that she was out of contract that they cannot now charge us?

being upgrade eligible does not necessarily mean the contract term is over. if the customer is a high spender it's not unheard of upgrades being offered 3-6 months early i.e. before contract term has expired. if it was the O2 rep that stated this, I would definitely escalate the issue with O2. in reality, they should quash the charge, whether they will be so forthcoming is anybody's guess.

Paulw wrote: »

Did your wife contact O2 and terminate the contract? You are required to give 30 days notice, in writing, to terminate the contract.

If she just switched, then she is liable for the charge.

you can port without giving 30 days notice. if she ported while still within the term of the contract (which appears to be the case) she would ordinarily be liable for the charge. the issue appears to be that the O2 rep offered incorrect account information which in turn led to the decision to port away.

Paulw

Section 8 - http://www.o2online.ie/o2/uploads/pdfs/terms/consumer/The-General-Terms-for-O2-Services-v1.1fnl.pdf

Specifically section 8.3 -

Outside the Minimum Term (if you have one) you can end your Contract by giving 30 days written or phone notice and no cancellation fees will apply.

You didn't give O2 notice, so you are liable. It is up to you to give notice to O2, not up to Meteor.

BrianD

Did she take the upgrade? Acceptance may come with contractual issues.

wmpdd3

If she ported her number to Meteor, no ned for notice.

When did she sign up to O2?

Was it an 18 month contract or a 24 month contract?

Oryx

There are other threads here which deal with situations where O2 kept people in contract long after it had elapsed, by means of a courtesy call at contract end, which was turned into an agreement to a new contract.

I wonder if this is what happened to you? How long were you already with them, or how long since your last upgrade/contract renewal that you know of?

keithclancy

Here:
http://www.askcomreg.ie/tell_us/switching_fixed_telephony(landlines)___exercise_your_choice.232.LE.asp

Do I have to tell my existing provider that I am switching?

In general, you do not need to tell them unless your current contract requires you to give them cancellation notice. Check the terms and conditions of your current contract to see if this is required and see the different situations below.

So really its a check our contract jobbie, Meteor couldn't answer this for you as they do not have your contract nor could they get a copy of it due to data protection rules.

Nonoperational

Paulw wrote: »

Section 8 - http://www.o2online.ie/o2/uploads/pdfs/terms/consumer/The-General-Terms-for-O2-Services-v1.1fnl.pdf

Specifically section 8.3 -

Outside the Minimum Term (if you have one) you can end your Contract by giving 30 days written or phone notice and no cancellation fees will apply.

You didn't give O2 notice, so you are liable. It is up to you to give notice to O2, not up to Meteor.

How would this cause a €600 bill? Your either in contract or not. If she was out of contract she'd be on a rolling 30 day contract and the port would essentially be the termination notice. As you pay line rental a month in advance O2 would possibly end up owing her money depending where she was in the billing cycle. She was apparently told she was out of contract. I suspect she wasn't.

Did she change her price plan recently? O2 tie you into a sneaky new contract if you do but you could still be eligible for an upgrade.


How is your post helpful? What's she liable for? Are you trying to say the cancellation fee was €600? Ridiculous.

Nody

donegal100 wrote: »

No, when we were told that we were out of contract, we went to Meteor who said they would deal with the switch over.

Yes, but what did she tell the person she was speaking to? It's quite obvious she was signed for another 18/24 month contract (due to the 600 EUR amount) so ask O2 to produce the contract she's agreed to. That's the way you can try to get it resolved because if they can't produce that then their position is a lot weaker (but you still have to pay the month's notice).

Paulw

gpf101 wrote: »

How would this cause a €600 bill?
How is your post helpful? What's she liable for? Are you trying to say the cancellation fee was €600? Ridiculous.

I have no idea what the cancellation fee is or what the €600 is for. I'm sure it is specified in detail on the final bill.

All I am saying is that as per O2's Terms and Conditions, the OP didn't follow the procedure, and is therefore liable for any termination fees. If they had recently signed up for a new contract, it may come to €600. I don't know. Only the OP would have those details.

The OP needs to talk to O2, and find out what the situation is. The OP can't rely on Meteor.

It is always best to read the terms and conditions before you end your contract or port to another provider.

cookie1977

Did she get offered any free extras over the phone in the past few months? If so she may have agreed to a new contract which should have been outlined to her and a letter saying as such should have been sent out. This could result in such a high charge of 600 euro for breaking the contract.

If you dont give the 30 days notice you get charged for the month (whatever your base plan cost is) so I'd imagine that isn't 600 euro. The 30 days notice only applies to you if you are out of contract or on a sim only plan.

In many cases most networks dont hit you with the extra month charge for porting without giving 30 days notice unless you are specifically on a 30 days plan.

If O2 confirm you did agree to another contract ask them to provide said proof either via your signature on a contract or the recording of the phone call where you agreed to it.

If they cannot provide either then they cannot charge you the 600 (although they may charge you for not giving 30 days notice).

BrianD

OP mentions a discussion regarding an upgrade, if she accepted that she probably was entered into a new contract.

cookie1977

BrianD wrote: »

OP mentions a discussion regarding an upgrade, if she accepted that she probably was entered into a new contract.

I read the post that they enquired about an upgrade and were told if they had an upgrade they were out of contract (which as others have said is not necessarily true). I didn't read that the OP upgraded.

BrianD

cookie1977 wrote: »

I read the post that they enquired about an upgrade and were told if they had an upgrade they were out of contract (which as others have said is not necessarily true). I didn't read that the OP upgraded.

It doesn't say whether she accepted or not. My read of the OP is that the sales assistant said is that you wouldn't be entitled to an upgrade unless you were out of contract or at end of contract.

If you were out of contract, no mobile phone co is going to give you a free handset without T&C's attached. In the past where I have received an upgrade it meant being tied in for another contract period.

So perhaps OP can confirm if the handset upgrade was accepted?

Also if the OP was already signed into a contract surely the world of a sales assistant could not be taken as gospel to over rule that? I know the sales person should know their facts but there's an onus on the consumer to verify?

irishdude11

donegal100 wrote: »

Hello,
My wife received a bill for over €600 for breaking contract with O2 after switching to another provider.
At the time, she went to the O2 shop to enquire about a phone upgrade. She was told (and this has since been admitted by the person concerned) that she was entitled to an upgrade and that if you are entitled to an upgrade you are out of contract.
We then switched to another provider. She has now received a bill for over €600. Comreg say to complain directly to O2 and if this doesn't work to contact Comreg again.
I presume that because the shop worker (an O2 shop) said that she was out of contract that they cannot now charge us?

Tell them to go and sh*te.

MarkR

irishdude11 wrote: »

Tell them to go and sh*te.

No legal advice here please.

whiterebel

irishdude11 wrote: »

Tell them to go and sh*te.

That may work when you're dealing with the Troika, Enda, but not with O2......:rolleyes: