Thread: O2 Complaint Help

As an upgrade, you do NOT get '14 days' to change your mind unless this is a specific part of the offer. As you didn;t accept the PAC and stayed with the network, your contract has been renewed. Because they have got what they want (you tied in for a new minimum term) you'll find they are not to keen to assist you.

It is time to move into WRITING, as if you are forved to take them to court to repudiate the contract, you'll need a viable paper trail.

Thankyou for the reply i was told a number of times by the advisor that i had a 14 day cooling off perod. I have written to the customer relations department and have also emailed the chief executive. see what happens.

Did you record the call? Unfortunatwly, promises like these often disappear into the air when challenged and leaves the customer in the position of it's ytour word against theirs, and since they will be the arbiter (unless you have other proof) you can be wrung out to dry!

DSR does come into play for this situation. There is a cooling off period of 7 working days (day 1 being the day AFTER the goods are received) to reject the goods for any reason.

To be informed of a 14 day cooling off period would be incorrect, but a 7 working day period would be correct.

Originally Posted by jacktheband

DSR does come into play for this situation..

Afraid it doesn't.

The OP states that as an existing customer of o2 he chose to upgrade his handset. This is a pre-existing commitment and takes precedence over DSR as the upgrade is conditional on the new contract being entered into. This is why it is important that corroboration of any claim of variance is verifiable. If there was no pre-existing contract, and this was a new contract for the purchaser, DSR would be relevant.

I have an ongoing dispute with o2, to cut it short they told me the cooling off period for any reason to return handset was 14 days, then the store blanked me and told me they were in the business of selling phones, not returning them.

As you can see from the above, the networks pretty much make it up as they go along. What is of primary importance is that you do not get fooled or coerced into a contract when you do not need one, either by stories that you'll have some fictional cooling odd period. There IS one, but only in certain circumstances. Lula's example (of a trial phone) is innovative, but certainly not the industry norm, who simply want signed contracts.

My personal view? Phone contracts are for mugs. It smacks of the 'kings shilling' ploy of the old seafaring days where you were given a puny reward, but committed to something that worked against you. There is a pretty big quid-pro-quo for a 'free' phone that will be out of date a YEAER before you minimum term is reached, and as you've no idea what your personal circumstances will be next week never mind next month, committing yourself for SERIOUS consequences should something go wrong down the line, is just an accident waiting to happen. If you need a phone, buy PAYG. If you want to make a fashion statement, get one with NO contract. You can sleep easy, and not be the puppet of some foreign conglomerate (vodafone excepted).

DSR would be enforce here, as she's taken her goods over the phone without seeing them (o2 do operate this way by the way, all their calls are recorded and kept for 12 months and they do offer a cool off periods on upgrades) I would suggest actioning a complaint in writing and also doing a SAR.

Read message # 6 DSR won't apply - it is disallowed due to a pre-existing contract existing. It cannot vary contract law - ONLY if it was a new connection (not an upgrade).