Cancelling O2 Contract... (For Legal Bods)

Cancelling O2 Contract... (For Legal Bods)

Author
Discussion

raptor600

Original Poster:

1,356 posts

146 months

Thursday 12th July 2012
quotequote all
My phone did not work for a 24 hour period due to the network being down.

Is it possible to cancel the contract as (some are arguing) they have breached it?

Copied from another forum:

"Just to point out in addition, there may be small print in contracts about service outage but since a mobile phone contract constitutes a legally binding agreement to attain mobile phone coverage in exchange for monies, O2 I would say are in breach of contract and so customers are perfectly within their rights to walk out of their contracts and go elsewhere."

ProSc2008

196 posts

237 months

Thursday 12th July 2012
quotequote all
Not a chance unless you can prove that they willfully denied you a service to which you had a legal right. Even then I suspect you'd be entitled to a small amount of compensation rather than voiding teh contract...

This was a temporary technical problem and customers were kept fully informed throughout - get over it.

cjs

10,719 posts

251 months

Thursday 12th July 2012
quotequote all
24 hours?

hyperblue

2,800 posts

180 months

Thursday 12th July 2012
quotequote all
Have you read your contract to check if they have breached it?

raptor600

Original Poster:

1,356 posts

146 months

Thursday 12th July 2012
quotequote all
ProSc2008 said:
This was a temporary technical problem and customers were kept fully informed throughout - get over it.
So what. I paid for a phone service and for 24 hours I didn't have one. My business depends on being able to use a mobile.

How is saying 'we don't know what the problem is and don't know how long it will take to fix' keeping customers 'fully informed'?!

BoRED S2upid

19,686 posts

240 months

Friday 13th July 2012
quotequote all
raptor600 said:
ProSc2008 said:
This was a temporary technical problem and customers were kept fully informed throughout - get over it.
So what. I paid for a phone service and for 24 hours I didn't have one. My business depends on being able to use a mobile.

How is saying 'we don't know what the problem is and don't know how long it will take to fix' keeping customers 'fully informed'?!
Best you can hope for is compensation for the loss you incurred as a direct result of the glitch.

Iceman82

1,311 posts

236 months

Friday 13th July 2012
quotequote all
http://www.gomonews.com/o2-gets-more-stick-now-its...

http://www.ibtimes.co.uk/articles/362346/20120712/...

You'll be hard pressed on the compensation element, though if the effect was major it may be worth seeking legal advice. Regards contract cancellation you are not going to be able to go down that route. It was a matter which would nto be deemed to have lead to a breach of the contract so you can't use it as a basis of your cancellation.

ProSc2008

196 posts

237 months

Friday 13th July 2012
quotequote all
Are you on a business contract or a personal one?

If it's the latter then I would imagine they'd be reluctant to pay out compensation for any business related losses.

Iceman82

1,311 posts

236 months

Friday 13th July 2012
quotequote all
ProSc2008 said:
Are you on a business contract or a personal one?

If it's the latter then I would imagine they'd be reluctant to pay out compensation for any business related losses.
Agreed, it's unlikely but depending on the scale of the losses you may wish to consider advice. If they are significant it could be worth it. However, it will really boil down to the wording on your contract. I would be highly suprised if they haven't guarded against direct/indirect loss.

johnfm

13,668 posts

250 months

Friday 13th July 2012
quotequote all
You run a business you say.

When you fail to deliver according to the terms of the contract is your customer able to repudiate the contract?

I doubt it. I expect like most. Interacts there will be clauses that outline what remedies are available for certain breaches or failures to perform.

No chance in a month of Sundays that this interruption of service will entitle a customer to terminate.

GTIR

24,741 posts

266 months

Sunday 15th July 2012
quotequote all
Iirc Vodaphone had a similar (not as long) outage a couple if years ago.

I'm with O2 and a business owner. I won't cancel my contract when it comes up for renewal next year because my reasoning is the chances of this happening again to O2 is very remote.

I have however bought an Orange P&G. smile

cuprabob

14,579 posts

214 months

Friday 20th July 2012
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For those who may not be aware O2 are giving you a 10% discount on your September subscription by means of compensation. Basically refunding 3 days rental for 1 day outage.

In addition, in September, you will get a £10 voucher to spend in an O2 shop through priority Moments.

Iceman82

1,311 posts

236 months

Friday 20th July 2012
quotequote all
cuprabob said:
For those who may not be aware O2 are giving you a 10% discount on your September subscription by means of compensation. Basically refunding 3 days rental for 1 day outage.

In addition, in September, you will get a £10 voucher to spend in an O2 shop through priority Moments.
It's not compensation it's a "gesture of goodwill".


98elise

26,502 posts

161 months

Tuesday 24th July 2012
quotequote all
Someone in my office hasn't had their service restored since the original outage. O2 can't give them any advice on when it will be fixed.