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raptor600

Original Poster:

1,356 posts

31 months

[news] 
Thursday 12th July 2012 quote quote 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

193 posts

122 months

[news] 
Thursday 12th July 2012 quote quote 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

5,323 posts

136 months

[news] 
Thursday 12th July 2012 quote quote all
24 hours?

hyperblue

2,391 posts

65 months

[news] 
Thursday 12th July 2012 quote quote all
Have you read your contract to check if they have breached it?

raptor600

Original Poster:

1,356 posts

31 months

[news] 
Thursday 12th July 2012 quote quote 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'?!
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BoRED S2upid

10,648 posts

125 months

[news] 
Friday 13th July 2012 quote quote 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

1,295 posts

121 months

[news] 
Friday 13th July 2012 quote quote 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

193 posts

122 months

[news] 
Friday 13th July 2012 quote quote 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

1,295 posts

121 months

[news] 
Friday 13th July 2012 quote quote 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

10,876 posts

135 months

[news] 
Friday 13th July 2012 quote quote 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

24,381 posts

151 months

[news] 
Sunday 15th July 2012 quote quote 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

2,759 posts

99 months

[news] 
Friday 20th July 2012 quote quote all
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

1,295 posts

121 months

[news] 
Friday 20th July 2012 quote quote 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

5,406 posts

46 months

[news] 
Tuesday 24th July 2012 quote quote 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.


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