well I have just spent 44 minutes on the phone to O2, few issues were highlighted.
first - I upgraded to the iphone4 in store and was NOT told that MMS would become chargable
second - I have continued to recieve free MMS as per my previous contracts by ERROR
third - <24 hours notice for a change that will leave me worse off is unacceptable.
I didn't get anywhere with the CS lady although she was very helpful, however we have went over the terms and they do state MMS are chargable at 20ppm. I can live with that, what I am annoyed about is the mis-selling of the contract in the first place, I was never made aware of the change to MMS charging (I have always recieved them as part of my bundle), the CS rep agreed this was unfair, the fact O2 have mistakingly not charged me for MMS which has mislead me into believing my MMS was indeed free (again, never told of any promotional period or similar) and the lack of notice to a change to my contract.
I have referred them to section 8.4(c) of the terms which states:
8.4 You may end this Agreement by giving us written notice if:
(a) we break this Agreement in any material way and we do not correct the situation within 7 days of receipt of your written request;
(b) we go into liquidation or a Receiver is appointed over our assets; or
(c) you are a Consumer Customer and we increase charges by more than 10% for calls, messages or data that form part of your inclusive allowance or your
Line Rental Charges or change this Agreement to your significant disadvantage in accordance with paragraph 9.2 of the General Terms, provided you give
us a minimum of 30 days’ written notice (and provided you notify us within one month of our telling you about the changes). This does not apply where:
(i) the increase or change relates solely to Additional Services in which case you may cancel, or stop using, that Additional Service;
(ii) the increase does not exceed the Retail Price Index (“RPI”) figure in any twelve month period; or
(iii) the increase or change is as a result of a requirement by a government or competent regulatory body. For the avoidance of doubt this shall include
any increase in VAT or the imposition of a similar or new tax on the Service or us.
The CS rep agrees that I have not recieved fair treatment and that this change, from what was communicated to me and from the evidence in my past few bills is very close to this above clause, this said she was not in a position to approve a termination on these grounds and as such has passed this to her manager who will now go over the details and hopefully get back to me.
I have made it clear that whilst I am willing to accept MMS are chargable, I feel O2 have breeched term 8.4(c) by failing to inform me of this charge when I signed my contract, failing to charge me for the last 4 months and failing to give me reasonable notice of a change that is going to cost me more money.
I now am waiting for a return call from the manager to see where we can go from here but I am persuing termintation of the contract.
I will keep you informed.