O2 Problems and Bryan Carter

[jrawly]

History

In 2012 O2 put up their prices by what they stated was the RPI. However, on the date they notified me, the RPI was a different amount.
They notified the increase was 3.2 %, however, the RPI on the date they informed me of the change, by text message, was 3%.
Whilst this is a small difference, it is a difference and therefore I believed O2 were in breach of the contract I agreed to.

Terms

http://www.o2.co.uk/termsandconditio...011-april2013)
If you look at section 5.3, you will see why I came to this conclusion.

5.3 You can end this Agreement without having to pay the Monthly Subscription Charges up to the end of any Minimum Period you have left, if:
(a) we increase your Monthly Subscription Charges by more than the Retail Price Index (RPI) annual inflation rate at the date we notify you of the applicable price increase; or
(b) we increase any of our Charges (apart from for Additional Services) in such a way that would have increased your total bill for the immediately previous month by more than 10% (if the increase(s) had applied for the whole of that month).

When I contacted O2 at the time, they argued stating that they had told customers before the RPI change and the change would still stand. They did not wish to listen when I prompted they read this section of their contract with me.
When I asked how I was meant to know about the change in price before they told me, they didn't answer.


So, I left O2 at that time cancelling the contract I according to the terms listed here.

Skip forward to July 2014.
I received a letter this morning from Bryan Carter Solicitors.
I do not wish to talk to anyone over the phone regarding this, and, looking at peoples experience on this forum with this company, he doesn't seem to be a person I want to talk to either.




From my point of view, I had ever right to leave O2 as they breached their contract as I have detailed above. Am I right? Should I give in and pay what is being requested?

Any advice would be greatly appreciated here. If I am right, and I really do believe that, what should do next?

Thank you very much in advance.

J

[FlamingParrot]

Re: O2 Problems and Bryan Carter

Hi and welcome

If you look around, you'll find Bryan Carter love to take people to court which means you need to respond to their letter, but everything should be kept in writing. Don't speak to them over the phone.

Could you post up the letter they sent you, removing all personal details? :typing:

[jrawly]

Re: O2 Problems and Bryan Carter

Letter attached. Looks like there is something at the bottom, but it's covered by his letter footer.

[Hurricane Puffrose]

Re: O2 Problems and Bryan Carter

o2 contacted Ofcom to see if they could increase contracts to match RPI, which was accepted by Ofcom as long as the increase was transparent and customers were adv of the change.

In Febuary mailshots with this information was sent via letter, text and email to all customers, advising that this would be added to contracts and that future contracts would be subject to this change, it also gave a date by which you could cancel free of charge (cant remember exact dates off the top of my head!) after this you would be liable for termination charges.

if there is a note saying this letter was sent to you, then you are liable for term fees.

[jrawly]

Re: O2 Problems and Bryan Carter

This is from December 2012, not this year or last year.

[jrawly]

Re: O2 Problems and Bryan Carter

Just FYI, this did go to be a claim, I submitted my counter-claim defence regarding the price increase and dates of notification and I received another letter last week advising the case was now dropped.

[Amethyst]

Re: O2 Problems and Bryan Carter

Well done