O2 being unreasonable? Or My expectations?

Pulsedriver · 30 Jun 2009 at 18:51

Hey folks,

I took out another contract with O2 last October for 18 months, with a Sony Ericsson C902.

It is a terrible phone, it's been back once already to be fixed, and still nothing but problems, so I called today, and they wanted me to send it back in for repair... I agree, they then email me and say it's out of stock and I have to choose another handset, offering poor handsets (Nokia 6220 being the only half decent one).

I called to ask could I even pay some money on top to get a better phone back, they said no! Only that I could buy one off them full price...(!)

It's not like im after an iPhone, I just wanted a better handset, and was fed up of the rubbish ones on offer, which are refurbs anyway and would probably break as well.

Am I being unreasonable in thinking I could send my phone back to them and pay a bit for a better phone?! It's only 8 months into my contract and it's not my fault Sony Ericsson has turned rubbish

Hatter The Mad · 30 Jun 2009 at 19:00

No, I don't think you are being unreasonable

siumatfung · 30 Jun 2009 at 19:05

yeh you fight it out dude,

ask to speak to their supervisor etc etc

i gave up on my c902 its sitting in a draw doing nothing

atpbx · 30 Jun 2009 at 19:54

Pulsedriver said:
Hey folks,

I took out another contract with O2 last October for 18 months, with a Sony Ericsson C902.

It is a terrible phone, it's been back once already to be fixed, and still nothing but problems, so I called today, and they wanted me to send it back in for repair... I agree, they then email me and say it's out of stock and I have to choose another handset, offering poor handsets (Nokia 6220 being the only half decent one).

I called to ask could I even pay some money on top to get a better phone back, they said no! Only that I could buy one off them full price...(!)

It's not like im after an iPhone, I just wanted a better handset, and was fed up of the rubbish ones on offer, which are refurbs anyway and would probably break as well.

Am I being unreasonable in thinking I could send my phone back to them and pay a bit for a better phone?! It's only 8 months into my contract and it's not my fault Sony Ericsson has turned rubbish

End the contract, and go somewhere else.

IamMed · 30 Jun 2009 at 20:00

I don't think your being unreasonable either.

Pulsedriver · 30 Jun 2009 at 20:07

I can't end the contract unfortunately

As apparantly according to them, im on a £20 a month contract, with a £15 per month discount - meaning my tariff is officially £35.
And if I bought myself out, it would be 12 x £35 = £420!

I was very honest with them, about how im happy with their service as a whole and how i'd have no problems paying extra money on top for a new handset. But basically got the whole 'sorry theres nothing we can do... the handsets you've been offered are really good'
That was retentions!

Airax · 2 Jul 2009 at 08:45

I had a similar about 18 months ago. My old XDA Exec was replaced by a XDA Stella in the end.

The best way to tackle this is to explain you need a similar feature set to your current phone. Its not fair to ask for "better" but it is fair to ask for the same level of features. Look at what you did like in the C902, then see what phones you like that offer similar features, and ask for those. The 6220 is not a bad phone, its a Symbian device with a 5mp camera, Xenon flash, GPS, etc. Just really cheaply built.

Cuppa · 2 Jul 2009 at 09:20

I think they have to replace it with something of like spec and value. Check your contract to see what it says about replacement phones. If they don’t offer you something you want you should start writing letters and send them registered post that tends to focus attention. Don't do it all by phone as you don't have a paper trail.

If your contract does say like for like you could go for breach of contract, not sure how far that will get you though because you will have to prove the phones they offer aren’t like for like, but before you try the legal route get legal advice. You could also try contacting ofcom.

Airax · 5 Jul 2009 at 19:30

Cuppa said:
I think they have to replace it with something of like spec and value. Check your contract to see what it says about replacement phones.

I'm 99% certain that you won't find mention of this in your contract. Phones never form part of your contract as such. Rather they are an "incentive" for you to join. The only laws they are bound by are consumer trade laws, just like any other product you buy. Its a common mis-conception...

Pulsedriver · 5 Jul 2009 at 20:53

In the end, ive given up and bought an iPhone 3GS lol (not through O2 but still using my O2 contract etc)

Cuppa · 6 Jul 2009 at 09:11

Airax said:
I'm 99% certain that you won't find mention of this in your contract. Phones never form part of your contract as such. Rather they are an "incentive" for you to join. The only laws they are bound by are consumer trade laws, just like any other product you buy. Its a common mis-conception...

You could well be right but I would be suprised if it wern't part of the contract because that would suggest they are giving you a phone 'no strings attached' when you take out a contract and that opens them up for all sorts of trouble. I dunno to be honest and I can't remember what my contract says about it.

mattyprice4004 · 8 Jul 2009 at 08:50

I have a C902 and think it's pretty damn good

teulk · 12 Jul 2009 at 16:03

I had this problem last year with a faulty w910i. I cant fault the returns team as they collected the phone from me but the problem i had was the quality of the replacement phones - i think the total stood at 5, non of them lasted more than a few days. They kept offering phones of same spec - in the end i just point blankly refused to accecpt any more refurbished phones. Originally they only offered one phone but that eventually was extended to the entire range after 6weeks of sending phones backwars and forwards. Just keep at it and keep complaining if things are not to your satisfaction.

Airax · 13 Jul 2009 at 13:11

Cuppa said:
You could well be right but I would be suprised if it wern't part of the contract because that would suggest they are giving you a phone 'no strings attached' when you take out a contract and that opens them up for all sorts of trouble. I dunno to be honest and I can't remember what my contract says about it.

No not really. You agree to pay £xx each month for 12-24 months. Thats a seperate matter. If you don't pay, they chase you for the money (debt collectors, etc). If the phone doesn't work, you can't stop paying line rental, although most networks as good will do some sort of gesture. The phone you get is like any another consumer item, it shouldn't fail, but if it does you have same rights as if you bought anything thing else (which are actually quite powerful).