o2 misold my phone contract advice needed.

[fleaboobash]

My mum and I went to upgrade our existing mobile phone contracts in the o2 store last Monday and were told we had 100 minutes, unlimited texts and 500mb of data included in our contract.

Today I realised that I am being charged for internet usage so I rang o2 customer services and told them who said that according to their records I do not get any free data, but advised me to go into the shop and tell them.

I spoke to the assistant that upgraded my phone, and after phoning me back he told me that he made a mistake and that infact we don't get any free data only minutes and texts, and that I'd have to increase my tariff if I wanted free data.

I have my copy of the printed contract which I signed onto which he had written '100 mins, unlimited texts and 500mb data' surely I have some rights don't I?

I'm reluctant to take the phone back because I've told people my new number and transferred contacts etc. I asked if he could just add the data thing on as a gesture of good will and he said no, but surely they must be able to do something?

What can I do, where do I stand legally?

[watchinginvestigation2010]

O2 are terrible for refering problems to head office, who refer back to store, who again refer to head office. Often when told different in store like me they dont write it down or lose the contracts or dont give you one, but you have the contract with the data listed on it. Dont hand this to the store but take a photocopy and demand they sort it instore, if they say no then put it in writing to o2 head office as you cant trust what told over the phone and without the contract in front of them they will not help and just refer back to store again.

 

I think you have a good chance of them honoring it due to what you have in black and white, or ofcourse they could upgrade you for the term of the contract to the next level but not charge you. If they dont honor it they have broken the contract and you are not liable in my view so better they sort it or lose out. But you woul have to hand phone back if they wont play nice, then complain.

 

Try photocopy in store first and then insist they fax a copy to their head office if they refuse to help. My store seems to have lost my contract on my dispute, I wonder why? Do as I did to them and other companies record the call, even down to using your mobile on record sound and held to head peice of your home phone for evidence, memory purposes for me but comes in handy just incase you need to complain to authorities too.

Edited March 2, 2011 by watchinginvestigation2010

[watchinginvestigation2010]

Ofcourse if companies talked straight to us all the time recording would not be necesary, but too often today they tell you one thing and do another, heres hoping they consider your long term custom and therefore sort it out for you, best wishes xx

[2Grumpy]

As it's on the contract that you signed, do take the photocopy to the shop & tell them to sort this out. Don't accept having to upgrade or anything else.

 

The shop sold you the contract, it is up to the shop to resolve. Take a letter of complaint to the shop with a photocopy of the contract. Your letter should say that you are being billed differently to the contract that you signed and that you require your account to be corrected and a refund of charges for the data usage last month.

 

If they say no or take their time or refer you to head office, contact consumer direct (Tell the shop that is your intention). If that fails, there's always the small claims court ... where you would easily win

 

This is not a matter of a gesture of goodwill on their part - it is you demanding that they honour their side of the contract (that they supply what they say they would) - just as they would if you weren't keeping to your side of it (eg if you didn't pay)

 

Don't accept anything less, don't pay anything more, don't accept them cancelling the contract or letting you have the access for a limited time

 

Remember that you require a refund for the data portion of your bill (including VAT) for this month (or as long as it takes to resolve)

 

If neccessary you can escalate to head office (in writing - don't bother with the phone - you won't get any further than you did) with a photocopy of the contract & copy of the letter taken to the store

 

Post back to tell us how you get on - and get more advice if they didn't give in

Edited March 3, 2011 by 2Grumpy