# Re:  Misinformation when switching mob phone service provider



## BAEOTUAM (26 Aug 2010)

I had a mobile phone contract with 02 and thought I was out of contract. Had entered into a Verbal contract over the phone on 18.2.10 for 18 months.

Switched to Meteor on 25/7/10.  The man in the Meteor shop asked me if I was still in contract with 02.  I said I didn't think so but remember entering into something earlier this year over the phone where they increased my tariff by €2 a month.  He replied -  Those verbal contracts are not legally binding as you have not signed anything and if they try to enforce it they can't.  He also asked if I was entitled to an upgrade from 02 and I was so he said then you are out of contract and are fine.

I had a 14 day cooling off period with Meteor but yesterday I received a final bill from 02 for €600.00 odd for a once-off charge incl. VAT.  I am now over the 14 days and can not get out of my contract with Meteor without incurring a similar charge from them.

I telephoned COMREG yesterday and the lady said that 02 are entitled to do this and that the Verbal Contract is legally binding. She said I could seek legal advice but her recommendation would be to phone 02 and set up a payment plan with them.

I realise I should have checked with 02 myself but I was happy in the knowledge that I definitely had not signed anything with them!!  Just wondering if anybody has any advice or encountered similar themselves and what they did.

Thanks for listening


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