# Is this O2 contract renewal legal??



## Cyrstal (11 Jan 2006)

I rang O2 last night to change the tarriff I was on,  I  was offered a "new" tariff, where I get 250 free minutes(to irish landlines and other mobiles) and 100 free text messages for 50 euro a month....HOWEVER if I chose to change to this tarriff, I would have to sign up to 02 for another 12 months, in other words, they would not give me this tariff without saying I'd sign up for 12 months.

1. Is this legal?
2. Would me saying on the phone that "yes, I'll take this tariff", be constituted as a contractual agreement, even though I haven't signed anything?

Thanks


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## Leo (11 Jan 2006)

1. Yes, you're changing the terms of your current contract with them, they're perfectly entitled to put a minimum term on this new contract.
2. Verbal agreement is enough to form a contract, proving it can be another matter.
Leo


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## Humpback (11 Jan 2006)

Leo said:
			
		

> 2. Verbal agreement is enough to form a contract, proving it can be another matter.
> Leo


 
"Calls can be recorded for quality and training purposes".


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## CCOVICH (11 Jan 2006)

ronan_d_john said:
			
		

> "Calls can be recorded for quality and training purposes".


 
But doesn't that suggest that they cannot be used to resolve disputes or as evidence (unless that is covered by 'quality purposes')?


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## kazbah (11 Jan 2006)

If you did want to end your contract early I imagine they wouldn't kick up a fuss seeing as it is only verbal.

I was O2 for a few years and they were always ringing saying they'd give me 25% off my line rental if I extended my contact.

FWIW now I wouldn't leave Meteor, by far the best value for money IMHO.


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## Leo (11 Jan 2006)

CCOVICH said:
			
		

> But doesn't that suggest that they cannot be used to resolve disputes or as evidence (unless that is covered by 'quality purposes')?


 
The term "quality" could be applied loosly here. I work in automated telephony, and I know of cases where my company have played back recordings to callers who claim not to have placed trades that appear on their accounts. That said though, these are automated systems where you only record what the caller is saying not the system, and the storage requirements are massive. I doubt the likes of O2 store recordings of every call they take, no call centre I've been in stores anything like this long-term.
Leo


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## CCOVICH (11 Jan 2006)

Leo said:
			
		

> The term "quality" could be applied loosly here. I work in automated telephony, and I know of cases where my company have played back recordings to callers who claim not to have placed trades that appear on their accounts.


 
Is this a trading/dealing room operation (where I believe that it is standard practice to record calls as a means of confirming trades)?

Anyway, this is going to drag the thread off topic.

With regard to the OPs question:

1.  I can't see how it is illegal, but maybe you should give COMREG a shout to see if they have any opinion.

2.  Yes, it can indeed consitute a contract (even though one of my favourite sayings is 'a verbal contract is not worth the paper it is written on'), but I would imagine that you will be sent something in writing (when you upgrade your phone with Vodafone, you have to commit for a further 12 months, but it escapes me as to whether I actually signed a piece of paper or ticked a box on the website), and you may have a 'cooling off period' in which to reconsider (I'd look at the ODCA website to see if there is anything on contracts for services).


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## Itchy (11 Jan 2006)

It is standard practise to sigh a contarct renewal when buying a phone but not when changing tarrif. Which you can every 3 months, I think, with O2. They cant make you pick the new option and should not refuse you changing to a new tarrif without lengthing contract.


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## kazbah (11 Jan 2006)

CCOVICH said:
			
		

> I would imagine that you will be sent something in writing


 
I doubt it - I never was when I verbally agreed contract extensions with o2


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## Humpback (11 Jan 2006)

CCOVICH said:
			
		

> maybe you should give COMREG a shout to see if they have any opinion.


 
COMREG won't speak to you until you exhaust any/all of the complaints procedures within the company that you having issues with.


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## CCOVICH (11 Jan 2006)

kazbah said:
			
		

> I doubt it - I never was when I verbally agreed contract extensions with o2



Fair enough, I couldn't quite recall my own dealings with Vodafone, but it sounds reasonable to me either way.


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## CCOVICH (11 Jan 2006)

ronan_d_john said:
			
		

> COMREG won't speak to you until you exhaust any/all of the complaints procedures within the company that you having issues with.



Fair enough, but the question was regarding 'legality' (there is no complaint until it can be proved that the company is 'in the wrong'), and I would imagine that COMREG would be the most authoritive source in this case (although that is debatable , and this could be a 'Consumer' issue as opposed to a 'Communications' issue). 

Either way, I don't see that the company has done anything untoward if you verbally agreed to a new contract.  You called to change tariff, they offered you a new tariff, subject to agreeing to extend your contract, and you agreed.  Seems reasonable to me.


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## Leo (11 Jan 2006)

CCOVICH said:
			
		

> Is this a trading/dealing room operation (where I believe that it is standard practice to record calls as a means of confirming trades)?


 
That app allows customers call in and trade over an automated telephone system. Even here, recordings wouldn't be kept for more than 30 days.
Leo


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## Cyrstal (12 Jan 2006)

Yeah, I'm with 02 for 8 years, so it's not like I'm someone porting in and out of the other Mobile Providers anyway!!  Just wanted to know if saying it over the phone was legal....Seems it is.


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## dieter1 (12 Jan 2006)

wow you got stung.  For €35 a month with O2 I get 500 free minutes and 100 texts.


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## Cyrstal (12 Jan 2006)

Dieter, what package plan are you on?


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## govinda (12 Jan 2006)

Sounds like Easy Life 500, 100 texts plus 500 off-peak minutes for €35.  Off peak minutes though, unlike Active Life 150 (150 mins anytime any network + 100 texts for €35)

Handy comparison for the new tariffs here:
[broken link removed]

Its still free, and no obligation to extend your contract, if you stay on the old Choice plans i.e. move up and down between Choice 5, 10, 20.  But to move to the new Life plans, o2 will require you to extend your contract :-(  

I'm currently on Choices 20 (€45 line rental, €20 free call value per month) - rang o2 to see about changing to Life plan as it does seem better value, but I'm not keen on committing to another 12 months.  Might move to 3 (www.three.ie) instead as they also offer flatrate and I can get a handset at the same time.  

HTH


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