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Old September 22nd, 2010, 09:20 AM   #1 (permalink)
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Default Are there any Legal Eagles here (solicitors)

As many of you guys may have done (in UK), I went to my local O2 shop and used the on display Streak, and loved the facilities it provided and most of all it could meet my needs.

Hence, my decision to sign on the dotted line came as a result of the specification Dell Streak provided to me at the point of signing my contract.

One month later, O2, withdrew most of the above facilities that came through the mobile device they showed to me, above all O2 did not either warn me or obtain my consent prior to the removal of Streak Technical facilities.

Neither on O2 nor on Dell websites, there was no formal warning indicating deletion of Streak facilities if proceed with “upgrade”, the only warning was to indicate the loss of data.

My question:

Is O2, breaching the contract signed with me.

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Last edited by Ind1; September 22nd, 2010 at 09:28 AM. Reason: unclear title
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Old September 22nd, 2010, 09:33 AM   #2 (permalink)
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I'm no legal expert, but I'd imagine your first step would be to look through the contract.

Chances are there will be a clause stating something along the lines of 'services may change at any time without notice'. Whether this is a reasonable clause would be up to the solicitor.

Is this more a theoretical question, or are you wanting to end your contract or even take legal action against O2? Have you contacted O2 regarding your complaint?
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Old September 22nd, 2010, 10:09 AM   #3 (permalink)
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Originally Posted by Jezston View Post
I'm no legal expert, but I'd imagine your first step would be to look through the contract.

Chances are there will be a clause stating something along the lines of 'services may change at any time without notice'. Whether this is a reasonable clause would be up to the solicitor.

Is this more a theoretical question, or are you wanting to end your contract or even take legal action against O2? Have you contacted O2 regarding your complaint?
Thanks For reply buddy,

I have written to O2, and only got the acknowledgement this am, and it says they are looking into the matter.

Yes you are right, there is such clause – change of services, but I did not see anything indicating “change of device”.

On the other hand, the print is so small and I gave up reading halfway down the contract. Cos O2 may not refund my optician’s bill.

Practically, I am happy with O2, its Dell who killed this device, but I got it from O2, so guess O2 is Streak’s Next of kin.
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Old September 22nd, 2010, 11:09 AM   #4 (permalink)
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I've generally found O2 to be excellent when it comes to customer service, which is why I have my Desire through them, and also why I used to have my internet with them (reason I don't any more - BT line rental. Sorry O2!).

O2 sold you the phone, so the responsibility is up to them to 'fix' it. If O2 themselves can't, then that's between O2 and Dell. They are the retailer, it's their responsibility Don't let them fob you off on to Dell.

Out of ignorance and curiosity, what is it that's changed with the Streak?
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Old September 22nd, 2010, 11:28 AM   #5 (permalink)
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If there's a "services may change at any time" clause in the contract you may be screwed. When you signed up, they may well have promised you X services for Y dollars a month. However, they reserve the right to change those services. It sounds like they have.
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Old September 22nd, 2010, 11:57 AM   #6 (permalink)
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If there's a "services may change at any time" clause in the contract you may be screwed. When you signed up, they may well have promised you X services for Y dollars a month. However, they reserve the right to change those services. It sounds like they have.
Thanks for replies guys,

Well, when I say they "changed" - I am not taking about any service in relation to provision of Data or voice.

When I signed the contract, my Streak was running android 1.6 and it it had a
(1) Front facing cam
(2) Playback WMV files
(3) Wonderful keyboard with a number pad
(4) Built in photo edit facility
Etc .... I loved all those stuff and thats why I bought Streak

Then O2 and DEll together, updated 1.6 to 2.1 android

following that we the Streakers lost

(1) Front facing cam - disabled by Dell
(2) WMV playback - disabled by dell
(3) Original keyboard taken out - replaced with some useless keyboard
(4) No More photo editing - needs a third party app for this now

and the list goes on and on - so the device I am holding and paying £50+ per month is not the device I bought at the point of signing my contract.
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Old September 22nd, 2010, 01:23 PM   #7 (permalink)
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The pad physically has a front facing camera, but it doesn't work?
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Old September 22nd, 2010, 01:28 PM   #8 (permalink)
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Quote:
Originally Posted by Ind1 View Post
...Streakers lost...
I would say that even with any 'change of service' clause there may be in your contract, that those are significant enough changes to the usability of the device that they won't have a leg to stand on; but their solution may simply be to downgrade you to 1.6.
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Old September 22nd, 2010, 02:33 PM   #9 (permalink)
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I would say that even with any 'change of service' clause there may be in your contract, that those are significant enough changes to the usability of the device that they won't have a leg to stand on; but their solution may simply be to downgrade you to 1.6.
That's what I thought mpw, Streak is practically beyond recognition to it's original state.
I am waiting to hear from O2. I asked them to terminate my contract, let's see.
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Old September 22nd, 2010, 04:42 PM   #10 (permalink)
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Quote:
Originally Posted by Ind1 View Post
Thanks for replies guys,

Well, when I say they "changed" - I am not taking about any service in relation to provision of Data or voice.

When I signed the contract, my Streak was running android 1.6 and it it had a
(1) Front facing cam
(2) Playback WMV files
(3) Wonderful keyboard with a number pad
(4) Built in photo edit facility
Etc .... I loved all those stuff and thats why I bought Streak

Then O2 and DEll together, updated 1.6 to 2.1 android

following that we the Streakers lost

(1) Front facing cam - disabled by Dell
(2) WMV playback - disabled by dell
(3) Original keyboard taken out - replaced with some useless keyboard
(4) No More photo editing - needs a third party app for this now

and the list goes on and on - so the device I am holding and paying £50+ per month is not the device I bought at the point of signing my contract.
WOW that is horriffic!

To be fair this sounds more like they ****** up the 2.2 update, rather than deliberately taking features away. To be sure, is this an issue all other O2 streak users are having?

I think you are perfectly within your rights to demand it fixed or a refund / contract termination. The 'changes at any time' clause won't stand up in court with a decent solicitor - you can't just put anything in a contract, there are such things as unreasonable terms which can be unenforceable.
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Old September 23rd, 2010, 07:31 AM   #11 (permalink)
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Quote:
Originally Posted by Jezston View Post
WOW that is horriffic!

To be fair this sounds more like they ****** up the 2.2 update, rather than deliberately taking features away. To be sure, is this an issue all other O2 streak users are having?

I think you are perfectly within your rights to demand it fixed or a refund / contract termination. The 'changes at any time' clause won't stand up in court with a decent solicitor - you can't just put anything in a contract, there are such things as unreasonable terms which can be unenforceable.
Thanks for your replies guys,

The strange thing is, its very difficult to distinguish whether they FU*** ed 2.1 update or deliberate omission of facilities. One Dell employee, in replying to one of my emails said “it was a conscious decision” to omit those facilities, with a view to “stabilise Dell Streak”.

In my definition, an Upgrade means, either making existing facilities better and/or adding more features. In this case they killed the device.

I have not heard from O2 yet, if they offer to downgrade it back to android 1.6, I think I may say NO, rather ask to terminate my contract.

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Old October 7th, 2010, 05:07 PM   #12 (permalink)
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Back luck Ind1.

I know a lot of HTC Desire owners that were hit with a duff update to their devices by O2. Some chose to wait for O2 to patch a re-release a stable version, others simply 'debranded' their devices and updated outside of the O2-supplied path.

None-too familiar with the Streak, but are there alternative ROMs/software versions for you to try?

Can the device be rooted?

Anything on XDA forums?

I wouldn't try and take on O2 with any 'I know my rights' crap. They will have the legal upper hand and will be all too aware there is no chance in hell of anyone following through legal threats with them.

Just persistently complain. Be polite. Make sure you follow through complaints to the relevant Ombudsman/Regulator.

Usually you will be able to take advantage of some form of monetary offer to smooth you over, be it a one-off inducement, or a contract reduction.

Keep pushing, and remember to not get either a) shouty, or b) Mr. Legal with them, and you should be able to get some sense
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