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procterdc Posts: 334

I also got 2. Waited about two months then sold it on ebay.
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Posted: 2005-08-25 19:58:58
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N3uR0 Posts: 51

CyberVisitor Posts: > 500

This is a thread discussing criminal matters and should be closed! You all make it sound like it's a moral matter - but it's not!
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Posted: 2005-08-25 20:54:49
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afov Posts: 192

They are well within their right to request it back at any time and If you don't have they will request the RRP of the phone (£299.99) and believe me they do have it on your account notes that they have sent you 2 plus it is in your terms.

Yeah, they are well within their rights to request it back and you are well within your rights to tell them to go jump....and they CANNOT charge you a bean. Bottom line is if any company sends any unsolicited item to your address you are legally entitled to keep it. The poster who mentions it is a criminal matter and not a moral matter could not really be more wrong. You do have a moral judgement to make as you may not feel comfortable exploiting the situation however, to suggest it is a criminal matter is just daft and wrong. 02 may well threaten you hoping you do not know consumer law and return the phone to them, however, this is just bluff...they have cocked up and have zero redress.
Most companies that send out double orders etc in error make no effort to retrieve the goods as they no they have no legal redress once they are delivered to the address.....if a customer is kind enough to return goods despatched in error this is seen as a bonus.
Why should this post be locked? If read through these forums you read time and time again how people are ripped off and royaly shafted by the network operators....if we can LEGALLY get something off them more bloody power to us.
If you feel uncomfortable then return the handset and sleep soundly in your bed. If you think sod 02, they have stuffed me so why should I correct their mistake when I could profit from it then keep the phone. You could always donate a % of the profits to charity to keep the more concerned posters on here that little bit happier!
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Posted: 2005-08-25 21:17:30
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N3uR0 Posts: 51

wrecked_porsche Posts: > 500

Then just keep both for now, use one of 'em and then when/if they request one back, give them the used one and u keep the new one.

That way, they will get the used one and yours will be as good as new. Serves them right for ripping you off on your phone bill !

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Posted: 2005-08-26 10:37:09
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tombertram Posts: 23

Thanks for your advice guys, I think I'm just gonna hang on to it, use it as a spare if I drop mine or something like that. I'm certainly not sending it back to them though, not after O2's crap customer service.

N3uR0, how are you so sure they have it on record? And if you work for them do you feel like telling someone to fix the thing on the website which keeps track of how many minutes you use - O2 said I had about an hour and a half remaining, which apparently I didn't, and then charged me after tricking me into spending money, the swines!

Tom

[ This Message was edited by: tombertram on 2005-08-26 09:38 ]
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Posted: 2005-08-26 10:37:21
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volvoman Posts: > 500

Main reason I left O2 was due to their inability to tell the truth, and calls to CS being taken out of my free talk time, when it is problems with the network why I was calling them. Good way of making money is to have a crap network, offer loads of free stuff, then not give the customer the service they expect, and charge them to call up and complain. Never did get my problems with O2 sorted out, left mid contract, after help ffom OFCOM, and will not go back again. Just keep it, and let them find away of getting it back, as they made the mistake, and as they still two years later unable to have a reasnoble update of minuites guide, then it is not your fault you went over your allocated free time, when they have the wrong info for you to go on.
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Posted: 2005-08-26 10:57:10
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afov Posts: 192

Afov, you might be right, however companies are not stupid, when you sign a contract you sign to say you have understood the terms and conditions and if you read the t&c's you will see that they can request items that have been sent by mistake although it might be an inconvenience to the customer they would give a goodwill gesture of some sort if you moan a bit but if you do refuse then they will just send the bill for it.

My last word on this (honest)

Any company can draw up a contract with whatever terms and conditions they like however, if these terms and conditions are legally enforcable is a different kettle of coconuts!!
If a company sends you an item you have not requested, once it is delivered to your home address you have the legal right to claim ownership of these goods....this is a statutory right and totally negates whatever contract you may have signed. People always think that once you sign a contract it is legally binding....this is NOT true. Many, many companies draw up contracts that they know are not legally enforcable but rely on the ignorance of consumers and the strong arm tactics of recovery departments etc.
I do not claim to know anything about O2 and the way they work, but they are as restricted by the law as any other company.
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Posted: 2005-08-26 10:58:20
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JK Posts: > 500

keep it, break one and claim for another one! You already stole one steal another!!

Any type of terms and conditions with your signature under it is a legally binding document!!!

even if you borrow your sister a 100 bux and sign that you gonna give it back in 2 days, if you dont she can use that docs and sue u for it!!!!!

BTW if it was me, ill keep it ... but knowing if I get caught ill have to suffer the consequences!

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Posted: 2005-08-26 11:28:05
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