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Paid for 18 month O2 iPhone contract but O2 are claiming 24 months, refuse to help


Alexk
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Hi All,

 

I am having a serious problem with O2.

 

In June 2009 I purchased an iPhone 3GS from the O2 store in Camden. I enrolled on to an 18 month contract and paid £181 instore for the handset on an 18 month contract at £35 per month, I also paid £9 over the phone to O2 to come out of my previous contract 6 weeks early.

 

In theory, my contract expires in December 2010.

 

However, O2 tell me their systems show my contract as a 24 month contract and no record of an 18 month contract, making the expiration of the contract June 2011.

 

 

O2 customer services refuse to help unless I can produce my copy of the contract (which I have lost) and say that I must take the matter up with the Camden O2 store where the phone was purchased. I have made numerous calls to the store, however no one ever answers the phone, I have sent them a letter via recorded delivery asking for assistance, this was not responded to.

 

I requested someone from O2 customer services make contact with the store and eventually someone named Adam at O2 did call the store and called me back to say that the O2 store's system shows a 24 month contract and they are not willing to do any more unless I produce the paper contract.

 

I'll just add at this point that I live nowhere near Camden now so to go to the store would be a massive expense and a full day's excursion.

 

What are my options here, I am pretty certain that it was an 18 month contract I signed, so I was thinking of sending the Camden store a Subject Access Request for any digital info and paper data, as presumably they would need to produce a copy of the paper contract showing 18 months? Would they need to provide this info?

 

Any help appreciated.

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I am going to send this request tomorrow - quick question, O2 tell me the contract is held by the O2 store and not by O2 itself, therefore, do I send the data request to the phone store rather than O2 itself? Or do I send to the data controller at O2?

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Hi Alexk,

 

Not really sure who is the best to send the letter to but as 02 have said that the contract is held by the store, then I think I would send it there.

 

Is there any particular reason you want out?

 

You may find by the time you get any positive response (although SAR should be 40 days) the contract will be up anyway! :wink:

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The monthly cost of the contract subsidises the handset, so I paid £181 to cover the 6 extra months I wouldn't be paying for the handset in this way. Essentially, if I can't sort this out I am paying over the odds for the handset - IE paying £35 per month rather than the £15 per month I would be paying for the same minutes, text, internet on O2 simplicity (ANOTHER £120 for the handset).

 

Moving on from the money, I want it sorted because O2 have treated me horribly through the whole experience and I am ****ed off about it. Even if I don't win I want to make sure this is a total pain in the arse for the Camden store that screwed me over, so if that means letters, court action, whatever, I am happy to do it.

 

And presumably, even if takes 6 months to get this sorted I can get them to pay me back the overpayment retrospectively.

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