O2 - Contract upgrade... Nonsense

[Djnikon]

I just called O2 to upgrade my phone only to be told that I'm 2 months "early" and I would have to pay a £60 termination fee to do this.
I countered this by saying that I'm not terminating but upgrading and continuing and will STILL be paying the £30 per month for my line rental and airtime so they won't lose out (I've had the "same" contract (number and SIM card for 8 years with no breaks in payment)
Then she told me that it was to pay for the handset I currently had as it was given to me "free" but part of my monthly subs goes to that. I pointed out that £12.75 per month goes to said handset and that even at peak value it was worth £200 (which O2 would not have paid for it) and I have paid 22 x £12.75 which equals £280.50 so more than it's value already in that case.
Upshot is that they still refuse to allow me to change my handset despite this unless I pay the £60.

Anyone else had dodgy experiences with O2 of this type? Am I missing something in their argument?

 

[SALL2009]

I just called O2 to upgrade my phone only to be told that I'm 2 months "early" and I would have to pay a £60 termination fee to do this.
I countered this by saying that I'm not terminating but upgrading and continuing and will STILL be paying the £30 per month for my line rental and airtime so they won't lose out (I've had the "same" contract (number and SIM card for 8 years with no breaks in payment)
Then she told me that it was to pay for the handset I currently had as it was given to me "free" but part of my monthly subs goes to that. I pointed out that £12.75 per month goes to said handset and that even at peak value it was worth £200 (which O2 would not have paid for it) and I have paid 22 x £12.75 which equals £280.50 so more than it's value already in that case.
Upshot is that they still refuse to allow me to change my handset despite this unless I pay the £60.

Anyone else had dodgy experiences with O2 of this type? Am I missing something in their argument?

What's the issue here, or am I missing something with your argument. From the details you have given, you have a 24 month contract and O2 are informing you that they will not offer you an early upgrade and you need to wait until the end of the contract to get a new one.
I know some mobile operators offer upgrades as early as within the last 3 months of the current contract, but that's optional. If they don’t offer this, you just need to wait till the end of the contract.

 

[Djnikon]

Issue is that I am not breaking my contract, I am continuing the same line and airtime agreement, paying the same subs each month. The handset is surely ballast in the agreement but at the end of 24 months or whenever I will STILL have paid the £30 per month every month.
Or is it that the Handset is intrinsically linked to the contract as I cannot find that anywhere in the T&Cs.

 

[^woody^]

The handset and contract are normally separate

In strict terms, you are breaching or terminating the contract early, as despite the fact that you are paying the remaining two months fees, the existing contract will end and a new one will begin

Having said that, it should be common sense to let you pay off the existing contract and start a new one.

Speak to another operator,

Or just start a new contract with your new deal and let the existing one run out. Then PAC your number to a temporary PAYG sim and then PAC it back to your new O2 contract. A bit messy and a last resort

 

[joinerjohn]

I had a similar argument with Vodafone some years ago. Contract phone paid for by direct debit. I'd had it for over 3 yrs when one month, due to an increased workload, I'd managed to run up call charges of £120. Biggest bill to that point had been £90. Anyway, I was visiting friends in Reading for the weekend when Vodafone ring me on the Saturday morning and tell me my bill this month is rather on the large side and could I pay all of it immediately. I told them the direct debit was due on the Tuesday and would be paid then. They then told me that there was a "limit" to the amount of call charges I could run up on my phone and I had now exceeded that limit and without the immediate payment, my phone would be cut off from the network. (first I'd ever been told in the 3 yrs that there was a limit)
I explained again that the direct debit was due to be paid in 3 days time and that should be good enough, only to be told yet again, they need an immediate payment. I asked to speak to the persons supervisor and was told "He isn't available right now." So I told them to call me back when he was available and I would speak to him. Again they threatened to cut the phone off there and then, so I said "Well, your breaking your contract with me.". I was then told, they'd keep the phone connected for now , but it might be disconnected at some point.
They phoned again (another person) in the afternoon and a similar conversation followed. Another phone call on Saturday evening and again on Sunday morning, at which point, I told them to cut the bloody phone off then, I'll cancel the direct debit first thing Monday morning and you can take me through the courts for any money you reckon I owe you, as you'll have then broken the contract yourselves.. Sunday evening brought a phone call from the missing supervisor, who said he'd looked at my account, and as I'd always paid in full and on time (can't do anything but with a direct debit) he was willing to keep the phone connected and was satisfied that the money would be paid on Tuesday.
Bloody cheek.
I let the phone run to the end of it's contract, giving them a months notice of my intention to change providers. In the last month, they called many times, offering me almost limitless upgrades, new phones etc, so I left it until the last week of the contract, and got the latest phone from them on an 18 month contract, for the same tariff I was already on ( the phone should have been £200 on my existing tariff, but got it for free.)

 

[freddiemercurystwin]

Hope you get a phenomenal amount of airtime/internet for £30pcm! Just wait till the end of the contract, ask for your PAC code as you wish to leave, hold your nerve and then when prompted let them give you a better deal and another phone. Win Win!

 

[LargeWrench]

I just called O2 to upgrade my phone only to be told that I'm 2 months "early" and I would have to pay a £60 termination fee to do this.
I countered this by saying that I'm not terminating but upgrading and continuing and will STILL be paying the £30 per month for my line rental and airtime so they won't lose out (I've had the "same" contract (number and SIM card for 8 years with no breaks in payment)
Then she told me that it was to pay for the handset I currently had as it was given to me "free" but part of my monthly subs goes to that. I pointed out that £12.75 per month goes to said handset and that even at peak value it was worth £200 (which O2 would not have paid for it) and I have paid 22 x £12.75 which equals £280.50 so more than it's value already in that case.
Upshot is that they still refuse to allow me to change my handset despite this unless I pay the £60.

Anyone else had dodgy experiences with O2 of this type? Am I missing something in their argument?

How is this a 'dodgy experience'? Your in a contract that runs for a said amount of time. You can't just ring up and ask them to upgrade when your contract isn't finished. You get a 3 month early upgrade on o2 if you spend over a certain amount, but i'm guessing you don't spend enough. If they allowed you to do this then everybody would do the same and instead of an 18/24 month contract it would be a "pay your contract for a bit then when you feel you've paid enough ring up and ask for an upgrade" contract.

 

[Djnikon]

Largewrench, I'm not changing the contract, I intent to pay the same amount as I am now with no alteration to that so at 24 moths I will still have paid 24 x £30. I wanted to change my handset as, at 20 months old and used a lot, it's not working 100%, hence my question is handset and airtime contract linked intrinsically.
So my feeling of a dodgy experience is that when I countered the advisors objections with sensible and factual statements they maintained the stance even though the reasons flew in the face of the facts. To me, and having been in the Customer Service sector for 15 years, is a dodgy experience.
But thanks for your input.

 

[SALL2009]

Largewrench, I'm not changing the contract, I intent to pay the same amount as I am now with no alteration to that so at 24 moths I will still have paid 24 x £30. I wanted to change my handset as, at 20 months old and used a lot, it's not working 100%, hence my question is handset and airtime contract linked intrinsically.
So my feeling of a dodgy experience is that when I countered the advisors objections with sensible and factual statements they maintained the stance even though the reasons flew in the face of the facts. To me, and having been in the Customer Service sector for 15 years, is a dodgy experience.
But thanks for your input.

I don't think you should think of this as the advisor’s decision. I'm sure they are only reading out what they have written on their computer screen.
But you can’t demand a company to change the terms of a contract, after signing it.
Your best bet is to wait till the last month and then ring them to give notice to terminate the contract (request PAC code) at that stage they will offer you a good deal.

 

[LargeWrench]

Largewrench, I'm not changing the contract, I intent to pay the same amount as I am now with no alteration to that so at 24 moths I will still have paid 24 x £30. I wanted to change my handset as, at 20 months old and used a lot, it's not working 100%, hence my question is handset and airtime contract linked intrinsically.
So my feeling of a dodgy experience is that when I countered the advisors objections with sensible and factual statements they maintained the stance even though the reasons flew in the face of the facts. To me, and having been in the Customer Service sector for 15 years, is a dodgy experience.
But thanks for your input.

Yes but the fact still stands that you've got a contract for a certain phone for a set amount of time. You've signed a contract for the phone you have for 24 months. You can't just ask them to upgrade you whenever you feel like it. I've got a contract with o2 which i've had for years. I don't ring up after 13 months and ask for an upgrade because i think in my mind i've paid enough already for the contract. It's the way contracts work i'm afraid.

When you upgrade you sign another contract so your old contract won't have been fulfilled if they were to upgrade you early. If there's an issue with the phone then i'd ring them and explain that that's the problem as apposed to wanting a new upgrade. Sometimes they'll fix the phone for you or alternatively claim on your phone insurance if you've got any.

Next time i'd get an 18 months contract though. I have 18 month ones and my phones struggle to last that long without malfunctioning or breaking and i get to upgrade 3 months early. I can imagine the state some phones will be in after 2 years!

 

[^woody^]

You've signed a contract for the phone you have for 24 months. You can't just ask them to upgrade you whenever you feel like it.

The OP said that he was willing to fulfil the financial part of the contract by paying for the remaining months. Effectively determining the contract, at no loss to O2

In practical terms there is no reason not to let the OP do this. In fact there is a clause in the T&C's allowing for early termination on payment of the remaining contracted monthly fees

 

[handyman77]

Find out how much they want for you to buy out your contract. I got orange to buy out the remainder of my contract from 3 network and changed my existing number over. They sent a cheque straight away! Happy days! New phone, better tariff, didnt have to deal with indian call centres!

 

[matt1976]

Looking at the O2 website you can upgrade 1 month early.

But how about rather than telling them that you feel you have paid enough for your phone and want a new one you explain that your phone is on it's last legs and could they help you out by letting you upgrade early and add the remaining months to the new contract?

Or buy a cheap phone and then when your contract ends go to a better provider.

 

[SALL2009]

You've signed a contract for the phone you have for 24 months. You can't just ask them to upgrade you whenever you feel like it.

The OP said that he was willing to fulfil the financial part of the contract by paying for the remaining months. Effectively determining the contract, at no loss to O2

I don't think the OP wants to do that.

"Upshot is that they still refuse to allow me to change my handset despite this unless I pay the £60."

So O2 are happy to terminate the contract in principal, but they don't want to take a financial hit.
Only option maybe to ask them to give you an upgrade and add the reminder of the current contract to the new one, but then you will have to make the new phone last even longer.

 

[Djnikon]

Thanks for your replies on this guys, I called O2 again last night when my phone finally decided it was time to pack it all in completely.
Spoke to a line manager that seemed to understand the points that I was raising and when I mentioned having already paid beyond the value of the handset he went away to check something and it turns out that the handset I had should not have been added to a 24 month airtime contract but only an 18 month one.
So result is that I am getting a new handset that should be on an 18 month contract on a 12 month one.