O2 want me to pay to return faulty handset!

[kpmatthews]

hi, ok here we go:

i bought a pay as you go mobile from o2.co.uk for £60

it arrived 8th jan

i called o2 today advising handset faulty

o2 advise i can return freepost but they recommend recorded/ special delivery

i queried that if i use freepost and the phone is lost intransit i will only receive £30 compensation and o2 obviously wont refund me. i suggested it would be foolish of me to accept this risk.
they said that is why they recommend recorded or special delivery.

i asked for postage costs to be refunded and they said no. i pointed out the only reason im returning the handset is because is it faulty. they still said just use freepost, and it kind of went in circles.

i gave up and said they are refusing me my statutory rights and under the distance selling regulations my only duty here is to take care of the phone. i will make the phone available for collection by a courier of o2s choosing, please let me know when collection will be made. they didnt like this and suggest i speak to customer complaints.

i tried to do this but it is letter only. i went though it again with another person i spoke to and they said as long as i obtain proof of postage o2 will refund me in full. they said they can claim compensation from courier for loss of phones.
if thats the case, why would they recommend recorded/special delivery?

to be honest i dont believe that i would be entitled to a full refund just on the back of a proof of postage.

any advice??

thanks for listening
kris

[gyzmo]

Can't you just take it into one of their stores? I would demand a replacement myself (in fact did so with my last phone when it went faulty one week after), never mind a repair.

[reidnet]

I would hit them with the following......


I may also at this time like to make it clear your obligations Under the Sale and Supply of Goods to Consumers Regulations 2002, If you do not have a copy of these regulations you can obtain a copy here http://www.opsi.gov.uk/si/si2002/20023045.htm

Section 48A & B should do the trick..


Ian

[kpmatthews]

Originally Posted by gyzmo

Can't you just take it into one of their stores? I would demand a replacement myself (in fact did so with my last phone when it went faulty one week after), never mind a repair.

its going back for a refund

[kpmatthews]

i found this on their website:
Less than 30 days
If your phone becomes faulty within the first 30 days of purchase, then you are entitled to a fully boxed replacement phone or a refund - whichever you prefer. If you bought your phone online, then to avail of either a refund or a new replacement phone, you must send your phone back to us by Freepost - address below. Unfortunately we cannot facilitate a replacement or refund within 30 days within an O2 Retail Store for Online purchases. If you bought your phone in an O2 Retail Store, then you can return it to an O2 Retail Store. If you receive a phone as a Speak easy Christmas gift, we will provide you with a refund within 30 days of the 25th of December, if the phone has become faulty.

it states that i MUST send it back by freepost. so at least its in writing that i must use freepost. i guess they cant complain if it goes missing.

[borisbeaver]

If you send it freepost, then get a proof of posting from the post office. It's probably not worth the paper it's written on though.

[jampot]

Originally Posted by borisbeaver

If you send it freepost, then get a proof of posting from the post office. It's probably not worth the paper it's written on though.

That's not the OP's problem, though. If a requirement of the contract is that is must be sent back freepost, then its O2's problem - providing the OP takes all reasonable care.

[gyzmo]

take it to a store for a refund! That's all you have to do!

[Weird Al Yankovic]

Originally Posted by gyzmo

take it to a store for a refund! That's all you have to do!

It appears the OP bought the mobile from O2 online as he mentioned distance selling regs.

Would not a high street O2 shop be of a different trading arm to that of the online section?

As in Norwich Union and Norwich Union Direct.

[gyzmo]

If it is the same legal entity (which looking at the website I believe it is) then I do not see any problem in going to a store. The medium may be different but the seller is the same (what if you phoned a store for a mobile - you would not be expected to go to that individual store). What I suggest is merely an easier method than the hassle of distance communication (though a stroppy instore salesperson may take care of that). It is what I did with my phone in the same circumstances (but with 3) and I had no problem (which may be because the store assistant was scared of me!)

To go down the distance selling route, I would ask for a pre-paid return envelope or make it available for collection (and cancel all DDs etc), and if it is not collected after a given period then give it to a charity shop (or flog it in cash converters et. al.) whilst still requiring a refund for the item or a replacement.

[kpmatthews]

i asked about taking it to a store but they said the store had no means of providing me with proof of receipt, or something along those lines. i have no problem with sending it back, im just not going to stitch myself up!

i'm going to request a prepaid envelope or request collection, but assuming they say no what would be my next step?
send a letter of complaint i guess..- any advice on wording?
i'll be reminding them that i expect a refund within 28 days whether or not they have the phone (something else i picked up whilst reading the DSR guide for businesses

[Weird Al Yankovic]

Originally Posted by gyzmo

If it is the same legal entity (which looking at the website I believe it is) then I do not see any problem in going to a store. The medium may be different but the seller is the same (what if you phoned a store for a mobile - you would not be expected to go to that individual store). What I suggest is merely an easier method than the hassle of distance communication (though a stroppy instore salesperson may take care of that). It is what I did with my phone in the same circumstances (but with 3) and I had no problem (which may be because the store assistant was scared of me!)

I only say because I was with O2, ordered online, a few years ago and the battery failed within two months so I just went to my nearest store for a replacement.

However, the shop told me that it wasn't possible to do this and I had to go through the channels of the online store.

I also remember being told that this O2 high street store could even have been a franchise/or just an outlet, so the high street store would have had no liability in any case.

[Helford]

Hi,

I bought an O2 Exec pda/Phone via a Third Party Online Company, turned out to be worse than useless, took it into an O2 shop, got a receipt and a basic loan phone (They wanted me to pay a deposit, told them what to do with their deposit! Lol.) They replaced the phone at their cost. This happened three times - until I told them to keep the third rubbish Exec pda and just give me a phone that I could make a phone call with.

Whilst the pda was rubbish, their service was good, albeit slow.

H

[kpmatthews]

funnily enough if my phone develops a fault after 30 days i can take it to a store for an instant replacement!

[donbracho]

hey up all i have a freind who works fro o2 and yes the retail side si different to the @online @ side as it it were so i would send it to them by freepost or recorded (just remove the words freepost) and ring back get someone else on the blower and they will credit you back the postage costs as A Goodwill Gesture. The best reason to get it recorder is when you ring backin a few days all they need to do is check the recorded ref number on royal mail website and then dispatch your replacement handset.