contract 02 - no signal. cannot terminate.

cairnrua

My friend took out a contract with 02 to supply broadband recently. He also bought the laptop from them. He lives in rural Clare. 02 showed him the area he lives in on their map saying it was covered. He has not been able to get a signal at his home - athall. Not even once. When he went back to shop they say he has no right to terminate contract, as the mandatory 7 days has elapsed.
He offered to buy the computer outright (as is in a 18 month contract), they said if he terminates then he must pay a 20euro penalty for the next 18 months.
Surely, the fact that the service they provide is not just inadequate, but clearly not available. Has he not got a right to terminate, given that this is so? Anyone else experienced this kind of situation? Saw an earlier post similar, but not exactly same.
Thanks all.

foggy_lad

no, it states clearly in their terms and conditions that you have the right to return within 7 days. why did your friend not avail of this?

your friend may have a case because they were told the area was covered for signal, it may well be a good signal but if the bandwidth is not there then there is a case for service not being supplied.

how many signal bars can your friend get on the modem?

cairnrua

That's true, as we checked on the 7 days. He has tried everything, to get a signal, going around the house, even out into the garden. Still zilch! Am not sure about the bandwidth. Would have to check with him. Am looking at idea of complaining to the agency - consumer protection - also have meeting with manager in 02 tomorrow. I would think if the ESB continued to charge a person for electricty and none was available there would be some stink. Why aren't more people complaining about this situation. No signal, no service - is breach of contract in my opinion.

Sponge Bob

Complain formally to customer.first@o2.ie rather than deal with call centre monkeys. Post the results back here.

Agent_99

Sponge Bob wrote: »

Complain formally to customer.first@o2.ie rather than deal with call centre monkeys. Post the results back here.

I find this post very offensive to Call Centre workers! Many of whom post here.

And who in your wisdom thinks deals with email queries? Some other form of primate.

cairnrua

Thanks, saw that website and intend to do, when friend brings in details, tomorrow. He was actually in one of the shops and spoke to a manager, who is meeting him again tomorrow. Will see what he says, but will also go through the comsumer website and lodge a complaint. Thanks for all the help so far. Must be a lot of people in this situation across rural ireland.

krudler

Agent_99 wrote: »

I find this post very offensive to Call Centre workers! Many of whom post here.

And who in your wisdom thinks deals with email queries? Some other form of primate.

beat me to it same monkeys.

Usually if theres no signal whatsoever one of the monkeys can just log a ticket and have the signal checked, or just at his usage, if theres zero mb's used since he got it its pretty much a sign theres no signal, so anyone with a bit of cop on can put two and two together and request a supervisor to take him out of contract.

cairnrua

Just an update for you. The company called friend on Saturday. They have since agreed to terminate 18 month contract and sold the compaq directly to him. There was no penalty clause etc. So he's happy. Since then seems that the area he lives in is getting Broadband via landline at present, so a good outcome all in all. So for those who might have a problem similar to this, keep going back and show that you can stand up for your rights. Got great advice from Consumers Association.
Thanks for all your advice.

drunkmonkey

cairnrua wrote: »

So for those who might have a problem similar to this, keep going back and show that you can stand up for your rights

Or return within the agreed time period. Your friend got lucky, o2 were under no obligation to terminate the contract.

sdanseo

@cairnrua, well done to your friend. By dealing civilly with O2 and not outright demanding back money to which s/he was not entitled, they secured a decent deal.

cairnrua

well can't say it was totally down to luck. The girl dealing with the problem was very helpful, when she checked his usage or lack of it, due to no signal in his home. When we showed evidence that it was impossible to get any signal, and the fact they saw his attempts to do so, via their own computers etc, then they agreed that the SERVICE was inadequate - as is clearly stated - in the "Consumers Advice Guidelines" - that is that the service provided must be able to do what it says on the tin.
But I have to agree that they dealt with it very profesionally, calling him several times to sort it out. must give credit where credit is due. He got good advice and was able to discuss this with them, so they knew that he had a case.

krudler

Good monkeys.

sdanseo

cairnrua wrote: »

then they agreed that the SERVICE was inadequate - as is clearly stated - in the "Consumers Advice Guidelines" - that is that the service provided must be able to do what it says on the tin.

Notwithstanding that however, his failure to return it within the 7 days cooling-off period (as laid down by consumer law) can and generally does constitute the customer's acceptance of the level of service and their indication that it is satisfactory.

Boggles

sdonn wrote: »

Notwithstanding that however, his failure to return it within the 7 days cooling-off period (as laid down by consumer law) can and generally does constitute the customer's acceptance of the level of service and their indication that it is satisfactory.

The 7 day cooling off period is covered under distance selling AFAIK.

This is nothing to do with the intial contract he has signed, as the contract does not change after the 7 days, it is still the same contract.

If his service is zero, after 8 days or 8 months he is entitled to redress.