O2 Taking the mick Advice needed Please

[Yankeeruinx]

H here is my story so far, 13 months ago I upgraded my 2 contract phones with O2. When I upgraded I was told that one of my phones as it was new had to be put on an 18 month contract as it was expensive. I wasn't happy about that as I like to upgrade every 12 months but was told that I would still be able to upgrade after 12 months as normal even if it was an 18 month contract. The other phone was free so it was staying on a 12 month contract.

I rang O2 up 2 weeks ago (Monday) to upgrade as it had been 13 months since the last upgrade but was told both phones were on 18 month contracts and I couldn't upgrade until Septemeber. I informed them of what I was told when I did the upgrade 13 months ago and they said the would go back and listen to the call I made back then to see what was said and if I had been told that they would change it and upgrade me. They said it would take 48 hours and I would get a call back.

I waited and never got a call back on the Wednesday so I rang them up again. They said they were sorry and would look into it staight away but I would have to wait another 48 hours.

I waited and never got a call back on the Friday so I rang them back. They put me through to someone who said he was personally going to deal with this. He gave me his number and said it would be sorted by the following Monday and he would call me back.

I waited again no call on the Monady so I rang him up kept getting answer machine so I left messages. Still didn't call back so I rang customer services again. The said they would take this up to higher management and they would deal with it, but it would take 72 hours.

I waited until Thursday and finally got a call back. This woman said she was pesonally dealing with it now and that she would ring me back by the end of the day to tell me whats happening an that it would all be sorted by today (Tuesday).

I waited still no call back so I rang them again told them I was vey unhappy and was told that a member of manageent would call me bak today.

Guess what still no all back and I am getting very frustrated by all this.

Has anyone got any advice they can give me on how to handle this situation when I ring them back tomorow because being patient is getting me no where.

Sorry for the long story

[buzby]

Apart from their dreadful customer service, what O2 originally explained to you was correct, but you've mis-interpreted what you'll get from it. Signing up to an 18month contract and being allowed to upgrade after 12 months is not a big deal, they'll quote you a price, but it will be a far higher cost to change than at 18 months, when you effectively become a 'free agent', you are still tied to the network so they could charge your 50% more for the phone, after all you'll not be going anywhere.

 

Even if they agree to the upgrade the price will not be advantageous to you, and if you think 18 months is bad, Orange are not talking about following O2 Business and going to 12 months as standard.

[Layla_ck]

Send off a SAR so you can have proof of the conversation?

[Yankeeruinx]

Well I got a call back from them on Thursday. They said that they couldn't find the call so basically they can't do anything.

I was angry at this and explained that THEY put me on a 18 month contract when I agreed to a 12 month contract for 1 of the phones.

The other phone I was told would be put on an 18 month contract but I would still be able to upgrade after 12 months just as a normal 12 month contract but he just had to put it through as an 18 to make it go through the system which is why I agreed to it.

When I explained this and told him that it was their cock up that made this mess he still said he couldn't do anything without the tape and I couldn't upgrade either one until after 16 months at earliest. The thing is they say they have lost the tape so now they can't do anything and I just have to wait for the contract to end.

He said without the tape there is no possible way for them to change it which I am very angry about because THEY have lost the tape.

I find it hard to believe that they can't change this as what if he pressed a wrong button or something and put me on a 180 month contract fa fetched I know but this is just an example, are they still going to turn around and say I have to wait 1 months I don't think so.

So what can I do now cause it seems I don't have a leg to stand on

Please please please any advice would be greatly appreciated

[Brit]

Did you "sign the contract over the phone" cos if they lost the tape / then NO contract.

[Guest ian cognito]

They do argue you accept the contract by using the phone, however if the have genuinely lost the agreement (in any form), they can't hold you to anything but their minimum contract terms, which would be 12 months.

 

Obvioously you're not gonna get anywhere with them, I would give notice of termination on the basis that you believe you only have a 12 month contract with them and then let them prove otherwise.

[Yankeeruinx]

Yeah I haven't signed anything it was all done over the phone, so basically your saying if they can't find the tapes they can't prove anything.

Well they rang again and said they are looking for the tape and will ring me on Tuesday but I haven't got my hopes up. I do have insurance on both phones which enables me to cancel my contracts anytime so I guess I will have to put that into affect. I really don't want to lose my numbers though but I'm guessing if I do that I won't be able to transfer them over to someone else will I?

[buzby]

Not so - if they cannot find the tape, they can point to your regular payments for service, and provide the contract T&Cs that applied at that time. If you never let therm take money from you, then you could challenge the whole transaction, but if they did - then clearly you gave them this information in expectation of service, so a challenge would have limited success....

[Yankeeruinx]

Ok finally got a call back today was basically told that they can't do anything without the tape so thats the end of it I have to wait until the 18 months is up for both contracts. He has told me i can write a letter to the CEO office and see if they will do anything.

Here is a copy of the letter I am sending do you think it will be ok or is there any adjustment you guys can suggest?

 

I have been advised to write to you in regards to complaint which I have raised, to which only you can possibly amend. During March 2006 I upgraded my phones which I do regularly ever 12 months.

The first contract I agreed to was for a 12 month contract and I would receive a Motorola V3i. The next contract I agreed to was an 18 month contract and that was for a Motorola V3x.

Now I wasn’t happy about the 18 month contract as I like to upgrade my phone every 12 months but I was told by the sales person that even though it was an 18 month contract I would be able to upgrade after 12 months just like a 12 month contract. He said he just had to put it through as an 18 month contract to make it go through the system as it was an expensive phone.

So after being assured by the sales person that I could still upgrade both my phones after 12 months I agreed to the deal, one 12 month contract and one 18 month contract with the ability to upgrade both after 12 months.

Anyway on the 26/03/07 I rang up CPW to upgrade my phones as 12 months had passed and I was entitled to an upgrade. However I was shocked to hear that both my contracts had been put on 18 months ones and I would not be able to upgrade until September. I explained that this was not the case and obviously there had been a mistake as this is not what I agreed to. I was told that they had the ability to listen to the call that was placed when the contracts were agreed to and listen to what was said and if what I was saying was true they would be able to sort it out. I was told it would take 48 hours and I would get a call back the following Wednesday 28/03/07.

I waited until Wednesday and no one rang so I rang back and was told that they weren’t sure what had happened but they would look into it right away but it would take another 48 hours.

I waited and on the Friday didn’t get a call back so I rang back and was put through to someone called William and he would personally sort this out and listen to the tape. He gave me his number 02086175162 and told me he would ring me back that day but if for some reason he couldn’t the latest it would be would be Monday and he would get back to me.

I waited and he didn’t call on the Monday 02/05/07 so I rang him multiple times and left messages asking for him to call me back and got no reply. So I rang customer services again. They said they would flag it and someone would deal with it promptly but it would take 72 hours.

So I waited until Thursday 05/04/07 and got a call from a nice lady who said she was going to deal with this now and would get to the bottom of it. She said she would ring me back later that day and let me know what was happening but said that she probably wouldn’t be able to get the tape until the following Tuesday as it was Easter weekend. She didn’t call back that day so I left it until Tuesday 10/04/07.

Still no call back so I rang back and was told someone else would be dealing (Ricky Bromfield) with it now and that he would ring me back later that day.

He didn’t ring so I rang back on the Wednesday and was told he would ring me at some point that day. He finally rang and said he was going to look into it. He said that they couldn’t find the tape and that there was nothing they could do without the tape. I obviously complained about this and he said he would look for the tape but he had a couple of days off so it would be Monday 16/04/07 before he could sort it out and he would ring me then. I waited and got no reply on the Monday so I rang back and was told he was busy and that he would ring me later.

He didn’t ring so I rang back on the Tuesday and was told he was busy again but knew what I was calling about and would ring me back later that day. Again he never rang. So I rang back today Wednesday 18/04/07 and was told he was busy again. This time however I told them that I did not want a call back and that I would hold until he became available as I did not believe he would call back.

As I was holding he rang so I switched calls and he told me there was nothing he could do as he had lost the tapes. His only advice was to write this letter which is what I am doing.

I am frankly appalled by the way this has been handled. I have had to spend much of the little free time I have available to try and sort this out only to be told that they can’t do anything. It has cost me god knows what in mobile phone calls ringing up and chasing people up that are supposed to ring me back. I shudder to think what my phone bill will be when it finally comes through the door.

Now for the problem at hand, I agreed to a 12 month contract and an 18 month contract but only as I was told I could upgrade both after 12 months otherwise I wouldn’t have agreed to it as I don’t like keeping the same phone for that length of time. I find it hard to believe that it is so hard to correct the mistake your staff have made especially as they have lost the tape. This is not my fault in anyway I have been downright lied to by the original sales person who made the contracts and since then led on a wild goose chase by your customer services team and their management.

I have been with o2 for over 6 years and have always used the Car Phone Warehouse to buy my phones and accessories as I find their service and prices the best around and am absolutely shocked by the way I am being treated in this instance and hope that this situation can be resolved promptly.

I eagerly await your reply.