o2 - refusing to free upgrade

[JCook]

I believe I have been mis-sold by o2. My 24 month o2 contract clearly states "free upgrade after 12 months". I have a Blackberry 9700 which was sold to me by o2 because, according to the salesman, it was the better of the Blackberry phones for business use. 12 months later I requested an upgrade to be told that my options were either a) a Blackberry Bold 9780 at a cost of £195 or b) a Blackberry Curve 8520 Free of Charge. Option A is not free. Option B is not an upgrade, in fact it is an inferior product. Despite my complaints it would seem nothing can be done because according to o2 we (they and I) have different definitions of the word “upgrade”. I either pay for the upgrade or accept an inferior model. I have reported o2 to Oftel and to the Trading Standards Office and am now waiting for a reply to my email to o2 Complaints Department before I contact the Communications Ombudsman. I have checked numerous online dictionaries and technical glossary forums and can find no other reference to the term “upgrade” other than the one in the Oxford English dictionary “raise (something) to a higher standard, in particular improve”. Ironically I would be more than happy with an identical phone but alas the 9700 is no longer available through o2 – I don’t necessarily want a better phone but nor do I want a different brand or an inferior model. I will update this and other forums as and when we reach a conclusion.

[queensclose]

Upgrade is to better. British airways upgrade. If your were in first class and sent to economy then you would be downgraded

O2 were on don't get done get Dom on BBC 1 yesterday and he didn't seem to get anywhere with them. Guy had his phone stolen and emailed them via report stolen phone on the o2 website. But they continued to let the phone be used until it hit nearly £3500. He only normally spends £5 per month They just blame everyone else.

In the end BBC paid it for him

If that's what the contract says then use ombudsman. It will cost them more then giving you the 9780

[JCook]

Thanks for your post. The salesman in the Luton o2 shop had the audacity say that I obviously wasn’t aware the telecoms industry had a different meaning to the word upgrade. Apparently in their world it also means “alternative”. Funny though… as hard as I look there is no reference to that in the small print. I will be giving o2 chance to reply to my email before contacting the ombudsman. In the meantime I will vent my true and honest frustrations on as many consumer forums as I can find.

[locutus]

Complaining to Oftel is all well and good but they've been called Ofcom since 2003

 

Anyhow, you seem to have things in hand, Go through their complaints procedure and once they decide you are at DEADLOCK then you can escalate the complaint to Otelo (all though they are somewhat a toothless qango). I guess as you entered into this contract in good faith that you'd get an upgrade, you could take them to court if you so desired...

[JCook]

Well spotted. I had Googled Oftel and got the Ofcom website without noticing a name change. Ofcom were helpful however as the issue was particular to the handset rather than the communications aspect they believe the Ombudsman would be my first/best course of action.

[queensclose]

Unlimited really means limited to. With mobile phones. Reason they got way with still using unlimited in their plans is they argued it is unlimited to the average customer and to protect their customers from people who are over using their plans. But whats an average person?

[Powlo1]

Upgrade is a loose term used in the industry these days as 2 out of 3 people upgrade their handset to something more modern (not more high tech).

 

Its actually a renewal of the contract that your agreeing to( i.e. adding another 12 months on), renewal being the key word. O2 Don't even have to allow you to do this - infact they don't need to have you as a customer, allow you to upgrade or even add a photo message bundle!

 

When they speak of free upgrade it means a renewal without charge (i.e. termination fees or upgrade fees), and the handset(depending on which one) being charged as appropriate. Unless your a high spender on O2 it is extremely unlikely that they'll change this view, especially as you still have half the minimum term to run.

 

Sorry to say but they haven't missold it! And if these are the issues that your having with them, I would reccommend not accepting anything as you'll be stuck with them for another 24 months!

[JCook]

Actually I had a chance meeting with a solicitor friend last night and I talked him through the issue I had with o2. He has kindly shown the documentation to his contract law team and their advice is quite clear. As far as the law is concerned the term “free upgrade” means just that. There is no precedence in law to suggest otherwise. They recommend pursuing this with the Communications Ombudsman in the first instance and if that reaps no benefit pursuing it through the small claims court. So it does help to have friends in high places! Whether I can be bothered to run to those lengths depends on o2’s response. I will keep you posted.

[locutus]

Actually I had a chance meeting with a solicitor friend last night and I talked him through the issue I had with o2. He has kindly shown the documentation to his contract law team and their advice is quite clear. As far as the law is concerned the term “free upgrade” means just that. There is no precedence in law to suggest otherwise. They recommend pursuing this with the Communications Ombudsman in the first instance and if that reaps no benefit pursuing it through the small claims court. So it does help to have friends in high places! Whether I can be bothered to run to those lengths depends on o2’s response. I will keep you posted.

This is my view entirely. I'm pretty sure if they told you 24 month term, halfway thrugh you can "upgrade" your phone, then they only offer inferior models it seems pretty straight forward that you were lied to! However how much effort to put into this? Few letters is not a lot of hastle, but taking it to court, you'll spend so long planning, juggleing life around, bit of worry on the court day for what? A new phone... However I think if they reply with the wrong attitude I'd be tempted to hit them where it hurts (the wallet!) aswell. Like you say, put the ball in their court and see how they respond before deciding.

 

 

Upgrade is a loose term used in the industry these days as 2 out of 3 people upgrade their handset to something more modern (not more high tech).

 

Its actually a renewal of the contract that your agreeing to( i.e. adding another 12 months on), renewal being the key word. O2 Don't even have to allow you to do this - infact they don't need to have you as a customer, allow you to upgrade or even add a photo message bundle!

 

When they speak of free upgrade it means a renewal without charge (i.e. termination fees or upgrade fees), and the handset(depending on which one) being charged as appropriate. Unless your a high spender on O2 it is extremely unlikely that they'll change this view, especially as you still have half the minimum term to run.

 

Sorry to say but they haven't missold it! And if these are the issues that your having with them, I would reccommend not accepting anything as you'll be stuck with them for another 24 months!

I believe this is a 24 month contract with a "Mid term" upgrade... these were popular about a year ago... Expect many more of these thread I think

Edited May 25, 2011 by locutus

[JCook]

Locutus – thanks. They won’t be the first blue chip I have taken to court on the strength of my indignation. And as and when that happens I shall ensure the truth finds itself on every consumer forum and in every consumer magazine that I can find.

[Ed2011]

hi

 

I have just ran into this same issue with O2 on my business account. 12 months into a 24 month business contract with paperwork stating a "free upgrade after 12 months". The want £150 one-off payment + a new contract aht will add a further 24 months to the remainder of my existing contract + a reduction in my contracted 750MB broadband + a reduction in my minutes (apparently no change in my £43 pm tarriff). I am told to basically take it or leave it it is not negotiable.

 

I have read a number of posts on various fora about this issue, and I recognise that modern handsets are expensive BUT...

 

If my current contractual term is not reduced then my initial handset relates to the first 24 months of any contracted period with O2. If I do not upgrade then that initial handset is mine after the 24 month initial period. Now... at 12 months in to that initial 24 months I ADD a further 24 months under new contract terms (which slightly reduce the customer benefits) then should that 2nd handset not be balanced agaist the terms of the 2nd 24 month contract. In effect there is a period where I have access to the 2nd handset before the 2nd contract cuts in.. but I am legally bound to complete the 2nd contract period once the initial contract reaches its completion.

 

So.. 2 contracts and 2 handsets. Handset 1 = Contract 1. Hansdet 2 = Contract 2. Taken as two totally separate contracts I will be with O2 for 48 months in total and get the two handsets I would like. Taken as an 'upgrade' I end up with reduced services terms, not the 2nd handset I would want, same money or slightly more, and still 48 months total with O2... SO.. for O2 and 'upgrade' seems to mean a downgrade (translating to a reduced service agreement, and a less than expected handset).

 

NOW... here is the juicy bit for me. If my first contract were actually to end today (or I took out a totally new contract in addition to my existing contract) I can walk in to ny O2 shop (or online) sign up for the same 24 month period, the same money... I will get enhanced service agreement, and the top of the range handset (FREE) plus a couple of other benefits it seems.

 

How can O2 run a rip-off [problem] like this and be supported by the law of the land?????

 

What I believe is the appropriate posture for O2 to take is that once I (or others) legally contract to a further 24 month period on the end of my initial 24-month contract I should be entitled to the exact same terms and conditions as if I had walked in off the street and asked for a new contract. While I might get a new handset 1 yr earlier, overall O2 are getting the same income from me (approx £2000 for one contract) - yet I recieve less for sticking with O2 as a loyal customer... Why should I?? What is the business sense here??

 

At the moment I will take my business contract elsewhere at the earliest opportunity. It is O2 that says what they want from me is non-negotiable - fair enough!! I have two business contracts.. and I will, it seems, just have to move both avay from O2 as soon as I can. If I had known that O2 were playing with word I would not have bought into their contracts. Also, if I had realised that O2 would not notify me before any contract terms, or terms of service, were changed I would not have signed up. O2 regularly e-mail me sales into etc.. but not once was I notified of changes to contract and/or ToS.

 

Just adding my piece to the puzzle.

[locutus]

Good time to ask if the OP sorted this to their satisfaction.

 

And Ed2011, What happens is some people are loyal to the brands they trust, so o2 (and all the others... this is an issue that doesn't only effect o2) exploit that fact. Once you are out of your minimum term, ask for your PAC to port the number to a rival and see if they offer anything better then

[o2scam]

I can only add that I feel I have been misled by the same free upgrade offer. When I have just asked for my free upgrade on my iphone 4 on a business contract, I was told that if i wanted to upgrade to an iphone 4s, I would have to pay 290 pounds plus vat and take out a new 24 month contract. I was told that if i did not want to pay anything I could only have one of their crapper phones.. wheres the free upgrade in that.. 350pounds isnt free and a change to a lesser phone than an iphone 4 isnt an upgrade. i signed onto the contract in the belief that I was entitled to a free upgrade after 12 months... that was part and parcel of why I signed on the dotted line.

 

On pressing these points home and clarifying these points for around 15 minutes, i was told that if I didnt want to take up my "upgrade", I could have 10 pounds a month knocked off my bill instead... talk about changing the goal posts after youve taken your shot... the only way to get something done would seem to be complaining online as o2 dont seem to want to do anything about this just now.. so I would encourage more people to get these posts up.. their business needs to be affected by reviews like this.. the more the better.. i feel i have been conned . If I knew what their idea of a free upgrade was when I signed up, I wouldnt have signed at all .. an upgrade on an iphone4 is iphone4s or better.. free means free... except of you are an o2 customer...

[Josh Mannerheim]

I have also been misled and deceived by O2.

 

Just over 12 months ago I signed a 24 month contract for an iPhone4.

I was keen on the £35 p/m offer but the salesperson convinced me to sign up for the £55 p/m plan as it came with unlimited calls and a free upgrade.

 

I have just called O2 business today to ask for my free upgrade.

The operator advised I can get the iPhone 4s 64Gig for £150. When I said this was not free he agreed.

 

He then offered me a HTC or Nokia phone for free but advised they were not as good as iPhone4.

I stated that this is clearly not an upgrade.

 

It is clear that O2 have deliberately mis led customers into a agreement that doesn't exist.

He then advised that if I did pay the £150 for the iPhone 4S that I would be signing on for an additional 24 months.

 

If any of this information was communicated in the beginning I would never have opted in for the £55 p/m contract.

 

How can O2 continue to deliberately deceive customers like this?

Unless they can offer me a new iPhone 4s for £0 without extending my contract I will be sure to make it my mission to spread the word to avoid O2 at all costs.

 

I am disappointed with O2 and think their sales and services are terrible.

 

J Mannerheim

[o2scam]

i set up a facebook page to publicise this issue.. please add a comment.... the more people who comment the more chance someone might make o2 change their mind... google o2 free upgrade scandal

[rick89]

The term upgrade is used pretty loosely though, people less call it contract renewal but rather upgrading.

 

They probably offer some free phones at this 'upgrade' period, but whether or not they are actually any better may be another thing.