Affected by O2 network downtime issues – your rights to redress

O2 coverage and network status

On 6 December 2018 O2 had a problem with data services on its network. At the time of publishing this blog post it still has a problem. O2 says the coverage and network issues are due to a third party software failure and that mobile operators around the world could also be affected.

Your rights

Under the Consumer Rights Act 2015  you are entitled to services to be carried out with reasonable skill and care. It is irrelevant that the problem is caused by a third party problem. Your contract is with O2 and so therefore O2 is in breach of contract and you are entitled to redress.

You are entitled to a full refund of the cost of the time you are without use of your phone. You are also entitled to redress for any out-of-pocket expenses you incurred due to not being able to use anything on your phone. E.g. you incurred bank charges because you couldn’t transfer money or had to use a payphone. You can claim for consequential loss due to O2’s breach of contract.

How to complain to O2

Once the system is back up and running, calculate your losses. Write do not phone so you have a record of evidence. Outline the problems you had and any costs you incurred and provide evidence for this. State what you want as redress and mention that it is because of a breach of the Consumer Rights Act 2015, as outlined above.

Get in quickly, a huge queue of complaints will soon grow.

You can also jump the queue of complaints and complain to the ceo. Go to ceoemail.com for contact details. The CEO won’t respond personally but the matter does get escalated and dealt with by a different team to customer services.

Follow Top 20 Tips for complaining effectively when you write.

If you do not get a satisfactory response you can take the matter to Ombudsman Services: Communications of which O2 is a member. You will need to ask for a deadlock letter or wait until 8 weeks has passed since you started the complaint.

Contract with another provider using the O2 network

Other providers such as Giff Gaff and Tesco use the O2 network. In these cases you will need to follow the advice above but with your provider directly not O2. Always complain to the company with whom you have the contract and pay the money!

Check whether your provider is with Ombudsman Services: Communication or CISAS.

Update on compensation from O2

O2 disruption: Operator offers compensation over outage  The BBC article states the following:

“Mobile operator O2 has said it will compensate its customers following a day of disruption to its data networks.

Pay Monthly customers will be credited with two days of monthly airtime subscription charges in January.

Pay As You Go customers will get 10% credit on a top-up and Pay As You Go mobile broadband users will get 10% off a Bolt On purchase, in the new year.”

“The compensation for Pay Monthly customers includes SMB business and mobile broadband users.”

Update on compensation from Sky

Sky has announced that it is giving affected customers a day of free unlimited UK data this Saturday 8 Dec. Customers will not need to do anything to get this.

Further help for complaining to telecom providers

lap top on woman's knees phone in one hand

All you need to know about complaining to telecom providers which provides lots of posts relating to differing telecom issues.

 

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

 

For lots of information, advice, tips, consumer laws and template letter GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

The funny side of the O2 problem

Some people saw the funny side of the issues facing O2 customers.

Emergency tariff released following O2 signal failure a great post by Trafford Express.

Businesses and consumer alike got in on the act.

 

How to end 3 problems with your mobile ‘phone (& get your money back)

 

I get so many requests for advice about mobile ‘phone contracts and communication companies generally. I do seriously believe that the communication companies are the worst for communication. So because of this, I thought it would be helpful to write a post about your rights when it comes to mobile ‘phones. You’re welcome.

Problem number 1 – ‘phone develops a fault

Your consumer rights are the same for when your mobile ‘phone develops a fault as any other product, but in my experience people are frequently getting fobbed off with lines such as “Send it back for repair” and “Contact manufacturer”.

If your ‘phone forms part of your mobile ‘phone contract, your claim would be against your mobile ‘phone service provider and you may be entitled to a free repair or replacement as part of your contract. Check the terms and conditions in your contract for what you are entitled. However, regardless of the contract you retain your rights under the Sale and Supply of Goods Act 1994 (for items/services purchased before 1st October 2015) or Consumer Rights Act 2015 (for items/services purchased on or after 1st October 2015) to goods that are satisfactory, fit for purpose and as described. Most companies in my experience will fight this and certainly after a year will say “tough” one way or another. Personally I believe that a ‘phone should last more than a year and I would be prepared to test this in court and set a precedent but unfortunately my phone of over two years hasn’t broken! But I’m ready and waiting to help if anyone wants to try it!

If you bought your ‘phone without any contract then your complaint is always against the retailer and not the manufacturer. You may have a guarantee with the ‘phone and after 6 months you might want to claim on this with the manufacturer, but go to the retailer first who might also contact the manufacturer directly for you.

Problem number 2 – network coverage

There are currently no rules regarding poor network coverage. Even if you move house, you are unlikely to be successful in cancelling a contract for poor network coverage if in the provider’s terms and conditions it allows for breaks in coverage. However under the Consumer Rights Act 2015 a service provider must provide the contracted service with reasonable care and skill. I would argue that the service was not being carried out with reasonable skill and care if they can’t give you any service! It was reported in the media that in 2009 Tom Prescott took Orange to the Small Claims Court and gained £500 plus free cancellation of his contract when he couldn’t get coverage on his 18 month contract. So threaten it and quote this case.

Problem number 3 – mis-sold contracts

It is extremely difficult to successfully complain about mis-sold contracts. That doesn’t mean you should not do it however! It is just that in my experience dealing with mis-selling of a contract was one of the most annoying and tedious complaints to deal with. The fob offs come thick and fast and I’m sure put many people off. I undertook a case for someone regarding this and it was a lot of work and a lot of emails to CEOs and in the end I won and got Ben out of the contract but I’m sure most people would have given up which is of course what the companies want.

Keep records of everything. If the company rings you around the time of the end of your contract make sure anything that they offer for a new one they also put in writing. Although you can request transcript of conversations, (under the Data Protection Act 1998) they are likely to charge for this and again it is time consuming.  If you agree a contract over the ‘phone remember that you have the 14 day cooling off period (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) in which you can cancel.

You also have other Acts of law at your disposal. The Misrepresentation Act 1967 and also the more recent Consumer Protection from Unfair Trading Regulations 2008. For a practice to be unfair under these rules, they must harm, or be likely to harm, the economic interests of the average consumer. Also The Consumer Rights Act 2015.

More on Mobile phone companies called out for overcharging loyal customers and how to challenge and gain redress.

Complaining and taking matters further

lap top on woman's knees phone in one hand

 

See All you need to know when your phone/energy bill is wrong.

 

 

 

 

1) Use these tips and especially using www.ceoemail.com to get to the top, you’ll probably need it
2) Use the links to the Acts above and quote your rights from them
3) Threaten legal action if necessary and be prepared to see it through
4) The ombudsmen only cover mobile ‘phone services and not issues with the actual ‘phones. CISAS and Ombudsman Services Communications depending on which service your company is registered with.

Wherever possible complain see Why you should write not ‘phone to complain effectively.

See a great post on SkintDad’s website – 4 Ways to Stop Overpaying For Your Mobile Phone for ensuring that you are not paying too much for your mobile ‘phone.

 

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

More information to come on broadband etc. in the following weeks. More tips, advice, details of law and template letters can also be found in the book GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!