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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

AIBU to want to cancel my phone contract !

50 replies

CTRL · 06/07/2019 10:10

I’ve been with o2 for 20 years and upgraded my phone last year April for a two year contract so it will finish next April 2020. I currently get unlimited mins, unlimited texts and 50GB data a month.

Anyway since having my phone my bill has always been produced on the 11th of the month however Two days ago I have opted to change the payment date to 29th as I get paid that day and it would just be easier for the payment to come out the same day. I was explained on the phone by the customer service rep that this would be fine but I would have to pay a premium for the first month and instead of me paying my usual £60 I would have to pay £83. Steep I know but I agreed of course and she changed the date for me and told me the date of my new bill and everything else.

My Data has reset on the 28th of June and when I had checked my usage before the phone call I had 48.(something)GB left. This was on the 30th of June.

I don’t have WiFi at home so use my data sparingly at home and have set a lot of my apps to not use on mobile data so usually the 50GB lasts the month until my data is reset. I also have the my o2 app and regularly check it as again I like to keep an eye on my data and make sure I don’t run out. I have WiFi at work where I am most days and WiFi on the train home and tube home so I connect where I can. Also shops / restaurants nearby; if I’m near enough I connect. So I’m mostly always on WiFi.

Anyway I’m using my phone last night/ this morning to watch a clip on Facebook and then my internet stopped working. It was too late to speak to an o2 rep so I thought let me wait until the morning. Mabey it’s a signalling problem or o2 are doing some maintenance work. Fast forward this morning and I check my phone and again no internet. So I call o2 and they have basically said I’ve used all my data and even used more that my usage and so it’s been cut off ??

I explained I get 50GB as I have been getting for a year an a half now and I’m careful with it. I definitely know I haven’t used more than 50GB In less than 10 days. They are adamant I have and say it won’t reset until the 28th and I would have to pay my bill on the 11th.

I again explained that I spoke to a colleague on the 30th and asked to change my bill date to the 29th of the month so the new cut off would be the 16th (what she had told me) and I would be paying a premium but she haven’t mentioned my data would be cut off.

They said they have no record of that and my bill data haven’t been changed and as far as they can see I’ve used all my data and It won’t be reset until the 28th as normal.

They have given me 2GB for goodwill though !?!

AIBU for being frustrated !?! I KNOW 100% I haven’t used all my data. Like I said when I checked before speaking to the rep I had more than enough to cover me. Even when I checked two days ago I had 46GB left. Yesterday when I tried to check there were errors with my account and I assumed it’s because of the new bill date and the system is catching up. Then today I check and they are telling me it’s gone !?!

I was at work on WiFi all day yesterday then came home and was so tired I went to bed. I woke at 4am this morning and watched the 1 Facebook clip and halfway through this when the internet stopped and all of this.

What can I do !?! I can’t pay £83 for no data

OP posts:

caughtinanet · 06/07/2019 13:13

How could you possibly have used 50GB? Do you watch films 24/7

Are you sure you've got your figures right

I have unlimited broadband and with 5 people in the house we barely use that much a month

adaline · 06/07/2019 13:41

How on earth are you getting through so much data?

I use my phone a lot and I never manage to get through more than 3/4GB a month.

TheVanguardSix · 06/07/2019 13:47

They will charge you a BOMB to break your contract.You're stuck, I'm afraid. But it's always worth talking to them.

stillmoving · 06/07/2019 13:47

Why are people so shocked that others use a lot of data? Do you really not know that our lives are not all the same? I use loads of data, about 2GB per day. I'm not shocked that others use less. Why act like it's so abnormal to have a life that uses more data then someone else?

TriciaH87 · 06/07/2019 14:05

Is it possible Internet went down at work as had this at home before and I was unaware I was using mobile data until went to use xbox and it would not work.

coconuttelegraph · 06/07/2019 15:24

Why are people so shocked that others use a lot of data

I think people are surprised that someone would use over 5gb per day every day, I don't see anyone saying they were shocked. In the circumstances the OP described it seems impossilble that that would be the case

Jon65 · 06/07/2019 15:30

Follow their complaints process but make sure it is in writing. Also a good idea to record phone calls with these people. Finish with a complaint to www.ombudsman-services.org/communications.html

WaxOnFeckOff · 06/07/2019 15:46

Are you dealing with India either via chat or phone?

If so, I recommend going onto their twitter or face book page and engaging the UK team. It sound like some confusion over when your data cut off should be now that you've changed the payment date.

It should be straightforward, but unless you have 6 months to waste, you need to contact the UK.

WaxOnFeckOff · 06/07/2019 15:56

You can only change via text easily if you are out of contract. You will still need to pay to break the contract and as OP still has a long time to run, that will not be cheap.

I successfully ended my Vodafone contract early for no charge but that was after months of complaints via UK twitter DM.

HappyLoneParentDay · 06/07/2019 15:59

Yeah you cannot end your contract early, you'll need to pay all remaining months upfront

bloodywhitecat · 06/07/2019 16:12

I had exactly the same problem with Vodafone and would rather stick pins in my eyes than ever use them again.

Jon65 · 06/07/2019 18:53

@HappyLoneParentDay you can terminate any contract early if there has been a repudiatory breach of contract as there probably has been here.

WaxOnFeckOff · 06/07/2019 19:50

I don't think there has been a breach of contract really. I think there is potential there, but at this point I still think that there is an issue that is able to be resolved. Longer term I'd definitely be looking for a better deal but I don't think you can claim breach of contract yet.

My situation was different (and I did say they had breached contract) as we were not getting the paid for service for months on end.

Jon65 · 06/07/2019 20:52

@WaxOnFeckOff so Op is paying for a service which has been unilaterally withdrawn, she has tried to resolve it, been lied to, told to suck it up by O2, but you don't think there has been a breach of contract really

I would say it is a very clear breach of contract.

WaxOnFeckOff · 06/07/2019 21:31

Well she could try taking it to court but I'd guess that as it's only been a week I think she'd be better off escalating it through the provider for now. I've no doubt that she will get it resolved but it might take a bit of persistence and speaking to someone other that someone in a foreign centre who has a book with about 10 scenarios that they can follow and no actual power to do anything.

I'm not saying it's not appalling and I'm not saying she doesn't need it fixed and be entitled to redress and compensation, I am saying it's a bit early to be screaming breach of contract though I would certainly be using those words to the provider.

I complain a lot. I'm a stickler for for service and getting what you are paying and I go to the appropriate ombudsman when required/appropriate. Imho the OP is not going to get her contract ended 9/10 months early with no charge for being without GB for a week or so. It's really not going to happen so there is no point at this time thinking that that's a valid possibility and I'm sure that the OP isn't going to take them to court.

Best guesstimate I would say is refund for GB paid for but not received and maybe £50 or a months free credit.

HariboLectar · 06/07/2019 21:36

Sorry if I've missed it, but what does your phone (not the o2 app) say you've used.
If I go to settings and connectivity it tells me how much I've used in Settings > connections > data usage.
When I had an issue with o2 over unauthorised charges, they weren't budging... until I mentioned I would take it to the telecoms ombudsman.

Jon65 · 06/07/2019 23:29

@WaxOnFeckOff Take what to court? You inform the company at their registered address, in writing by letter that they have breached the contract, that it is a repudiatory breach and that you are terminating the contract. You then cancel your direct debit. Not sure where you get your legal opinion from but it's lacking in pragmatism and expertise!

WaxOnFeckOff · 07/07/2019 00:13

You really think it's that simple Jon65?

This is being blown completely out of proportion. OP just needs to pursue her complaint and get a resolution. If she tells them that and cancels her DD then they will mark her Credit File which yes, she can get fixed eventually but it will end up in a massive pain in the arse.

I suspect what has happened is that the data cut off date and billing dates have now become synchronised. I'd also get the OP to check that she hasn't accidentally downloaded something or left her settings so that it would download or do updates on data instead of on wifi.

OP has been without her paid for service for a week or so, she just needs to go back to them and get it sorted to her satisfaction. Part of her contract is for the phone which she still has and she still also has use of her texts and calls.

At the moment she has been inconvenienced and had poor customer service and she should have undoubtedly have this rectified and be compensated. it's really not sufficient grounds for them to agree to cancel just over half way through the contract at no cost.

Jon65 · 07/07/2019 00:21

@WaxOnFeckOff this is legal matters, I have explained the contractual legal position. Yes Op could mess around trying to get it resolved, she could use ADR, or she could just close it down due to their breach of contract and take her business elsewhere.

Jon65 · 07/07/2019 00:26

And you don't need their consent or agreement to terminate the contract either. Perhaps have a read of Jill Poole's Contract Law, you'll find most of the key points in there.

19lottie82 · 07/07/2019 00:27

Jon65 you are deluded if you think o2 will read the letter then just end the contract. It won’t happen. If the OP cancels the direct debit then o2 will pass her account onto a debt collection agency and her credit history will be trashed.

OP, as others have advised, your phone should tell how much data you’ve actually used.

PickAChew · 07/07/2019 00:32

O2 are expensive. DH's work have just ditched them.

DS1 has unlimited data on 3 for £21 PM.

WaxOnFeckOff · 07/07/2019 00:37

I'm not saying you are not technically correct, but as PP says, O2 are not just going to go "okay then" and stop the contract. As far as they are concerned at the moment, the only person who has breached here is the OP who paid late, changed the payment date and used all her data. Now we know what OP is saying and that that belief is not correct. I believe what the OP is saying, so clearly a mistake has been made that needs rectified. O2 have not deliberately breached the contract, some human somewhere has made an error. That error can be corrected.

I appreciate that the OP now feels she doesn't have a good deal and she could get better elsewhere, but the contract is not unreasonable or illegal and the OP agreed to it.

fuzzyduck1 · 07/07/2019 00:58

I got unlimited text calls and data £28 a month but I do have to buy my own phones. 50 gb is huge rarely go above 5 gb

19lottie82 · 07/07/2019 01:06

To all the posters saying how expensive the contract is and how they get unlimited use for £X a month....... I’m presuming they’re all on a sim only deal, and also that the OP has a top of the range handset. Not really comparable!

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