Action against O2 & Poll

[neiltc13]

Failed to provide a service they said they would. (The upgrade, which has been advertised for the last month, has been unsucessful for every (AFAIK) existing iPhone user)

As was established in the case of Carlill v. Carbolic Smoke Ball Company, an advertisement is NOT an offer but is instead an invitation to treat. This has been established for over one hundred years.

O2 have done nothing wrong here.

 

[captain kaos]

[email]complaints@o2.co.uk

This email just bounced. Maybe been overwhelmed! But an email has gone through to the other address!

 

[tucker101uk]

screw this! I'm off to get a Blackberry....

 

[mudaudio]

Re. the people saying that o2 are doing you a favour for letting you upgrade early;

IF you bought your iPhone on UK launch day, or for a good few weeks after that, there was a clause that stated you could upgrade to a new iPhone. That is my interpretation anyway:

"If you end your contract during the 18 month minimum term, you may be required to pay the applicable monthly charge for your tariff until the end of the minimum term. This will not apply if your purchase a new iPhone from us, in which case you agree that a new 18 month minimum term will apply."


This is the T&C I agreed to. And I probably would have taken things further if o2 hadn't honoured that.

As for all this stuff that's kicked off today... Well, I want a new iPhone, but I'm not going to take legal action because I can't get it on Friday...

If you do, good luck to you. There are bigger battles to be fought though aren't there?! I mean, proper stuff that people should worry about? not wishing to belittle your anger of course

 

[t0mat0]

As was established in the case of Carlill v. Carbolic Smoke Ball Company, an advertisement is NOT an offer but is instead an invitation to treat. This has been established for over one hundred years.

O2 have done nothing wrong here.

Nothing legally wrong. Plenty wrong in the normal world.

complaints@o2mail.co.uk
feedback@O2.com
matthew.key@o2.com

I'm sure O2 could do with some perspective on how they could do this better for Thursday for those who want to order online...

 

[WellRedd]

I am sure that the ombudsman has a number of complaints against O2 on all sorts of matters. This will just add to the stack. The mobile industry is both incredibly arrogant and incredibly corrupt. That said, the number of legal actions against them is a real problem for them.

OK, so you'll go to the ombudsman and say what?

Here's some links for you to consider:

http://www.otelo.org.uk/pages/2whatwedo.php

We can deal with complaints about:

* The way in which your mobile and fixed phones, faxes and internet service are provided to you.
* Certain services like Short Messaging Services (SMS or texting), voice mail and call forwarding
* Services and products for people with disabilities, like text relay (an operator service that translates voice to text and text to voice) and free directory enquiries.
* If your complaint is justified, the Ombudsman will consider whether the member company must take any action to put things right for you.

http://www.otelo.org.uk/pages/33whatwecan'thandle.php

Is there anything we cannot deal with?
Yes there are some areas of complaint that we are not allowed to deal with. These are;
...
* the content of internet sites

* problems that we think would be better dealt with by courts, arbitration services or other complaints procedures;

* problems that are already being dealt with by courts or other complaints procedures;

* commercial decisions made by member companies about whether to provide a product or service, and the terms under which they may be provided; and
...

(I've chopped our irrelevant parts and bolded what I think is most relevent).

As I've said, you'd be laughed out of court if you tried legal action; what is your loss? Are you going for damages? Do you have a contract that can legally be enforced to force O2 to allow you to preorder an iPhone? See Carlill v Carbolic case above.

Try and get a sense of perspective, it's a mobile phone, it's not out yet, and people are getting their knickers in a twist over nothing, well, what is most likely a cute marketing trick.