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!

 

 

O2 network failures – your consumer rights

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.

 

Christmas is coming… are online retailers getting fat?

Online shopping and National Consumer Week

Christmas is coming and many of us will be shopping online. But it’s not just the internet giants who will reap the rewards of the Festive Season. Many smaller retailers and individuals are benefiting by using the big-name platforms, such as Amazon and Ebay, to sell their goods. In fact, more than half of the products sold on Amazon worldwide in 2017 were from third-party sellers.

Citizen’s Advice Bureau and Trading Standards have launched a campaign to raise awareness of using online marketplaces, such as on Amazon, GumTree and eBay. This is part of National Consumer Week, which starts on 26th November 2018, to coincide with Black Friday and Cyber Monday.

National Consumer Week picture of laptop

So, how do you best protect yourself when shopping online, if you’re dealing with individual sellers?

What you need to know when shopping from a business through a marketplace

10 top tips concerning your rights and how to best protect yourself

1)    Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers have 14 days cooling off period for changing their minds. You have up to 14 days to inform the retailer and 14 days from then to send back. There are some exceptions to this, such as bespoke items. Whether or not return postage has to be paid depends on the trader’s terms and conditions. If the item is faulty you should receive the full cost of any postage paid for sending the item to you and for returning it.

2)    For any complaint you will need to go through the platform’s process for complaining to an external seller. You may also find that the platform gives you additional protection.

3)    The Consumer Rights Act 2015 states that items must be of satisfactory quality, as described, fit for purpose and last a reasonable length of time. You can return any items if they do not meet any of these requirements. You do not have to pay return postage in this instance.

4)    If you are buying from an individual and not a business then the item needs only to be “as described”.

5)    If you paid extra for a dated/timed delivery and it does not arrive on time you are entitled to a full refund of the extra cost.

6)    Goods must be delivered within the time frame agreed with the seller. If one hasn’t been agreed (you have agreed a time frame if the listing supplies a time frame) the seller must deliver ‘without undue delay’ and at the very latest not more than 30 days from the day after the contract is made. After this time you are entitled to a full refund.

7)    Check where the item is being sent from! You will have the equivalent consumer rights if ordered from within the EU but not if it is ordered from outside the EU.

Rip Off Britain shopping online

8)    Use a payment system, such as PayPal, when purchasing items. This will give you cover if anything goes wrong with the purchase.

9)    If the item is over £100 (and under £30,000) and you purchase the item on a credit card, you have a right to be refunded via the credit card company if you make a claim within 6 years (5 in Scotland), using Section 75A of the Consumer Credit Act 1974.

10) Completing a credit card transaction through a third party payment service means that the credit card provider and the seller are no longer in a direct relationship, so are not equally liable. So, you do not have the credit card cover if you use a third-party payment service such as PayPal, Amazon Marketplace, Worldpay and Google Checkout.

Research into knowledge of consumer rights and  online shopping

The CAB’s summary information for National Consumer Week looked at research into habits and problems with online shopping.

“Nearly half of people (48%) didn’t think there was a difference in their consumer rights when buying online compared to buying in a store, despite the fact that they usually have enhanced rights on returns for online purchases.

A significant proportion of people didn’t know their rights changed depending on the type of seller – for example a trader or private seller – with over a third (35%) saying there wasn’t a difference in their rights and a further 9% saying they didn’t know either way.”

“The most common redress issue reported to the consumer service is where the consumer wanted a refund but was struggling to get one.”

This was from the BEIS Public Attitudes Tracker August 2018

Further help with online shopping

woman sitting at computer text how not to get ripped off when shopping online

 

Don’t let shopping online become a “rip off”

Your Rights, Mail Order, Online and Deliveries

 

 

Your rights with deliveries:

Deliveries ITV news with Martin Lewis, Helen Dewdney & Peter Handley

More resources for complaining effectively

Top 20 Tips for Complaining Effectively

Complaining on social media

The twitter symbol How not to complain on Twitter

 

Is social media an effective method for complaining?

5 ways how not to use Twitter to complain (and 5 ways how you should)

 

How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

The bestseller. Tips, advice, consumer laws, information, stories and template letters. All you need to write that perfect letter of complaint!