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02 Mobile Phone - DCA - Can I do anything?

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Some years ago I ordered an 02 phone for my other half. It became defective within 4 months. We had insurance (I thought it was with 02 at the time as it was obtained during the inital call with 02 and they transferred us directly to another line to get the insurance). The phone was supposed to be replaced. I waited in for three seperate deliveries at my home address, no one turned up. New deliveries were arranged for my partner's work address twice.., no phone arrived. I kept phoning up stressing that this was a phone needed for work purposes.., so we needed the phone quickly. Two weeks after it was supposed to be delivered.., we had no phone and I told 02 that as far as I was concerned they'd cancelled their contract.., I had to obtain a phone from someone else. THIS phone was delivered the next day. I live in an easily found address.


Soon after the demands for payment arrived. I always said that as far as I was concerned, 02 had failed to supply the phone as promised, so no contract existed. Eventually 02 said it was the insurance people who failed to provide the phone not 02. I'm not sure that this releases them from their obligations as they passed us on to these insurers directly.


I now can't find the emails relating to this matter.


I am also being chased by a DCA, looks like its in the final stages possibly.., so I need to act.


Do I have any basis to refuse to pay the amount owed as we didn't have a working phone to receive 02 services on? The debt is about £400.


What kind of letter should I write to them?

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It's tricky. The phone wasnt replaced as promised, but the contract and sim card were still usuable. You can get a reduction in it since you had no phone, but chances are you will still be liable for the remaining contract. It would need investigation and clarification, but thats how it looks atm.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..



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  • 2 years later...

i had a default of £989 from o2, as my phone stopped working and I refused to pay so they charged me the 24 month contract up front and it defaulted.

I asked the debt collector for credit agreement which they couldnt supply and was wrote off

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