I moved to Germany in Oct 2016. Upon arriving I contracted O2 with the help of my Head of Human Resources (as my level of German language is very poor). We tried to discuss a deal for DSL (still have, happy with), two mobile phone contracts and the possibility of a new phone. Some time later, after apparently being emailed multiple times by O2, we called back to see what was going on. They said they couldn't offer us a new phone without paying upfront as they didn't know us. This was fair enough. We asked about the emails, and they had been sending them to the wrong address as they had my name wrong. Without the phone, the contracts are unnecessarily expensive, so we declined the contracts. We kept the DSL.
Fast forward to now, some ~18 months later and whilst checking my online back statement I noticed three separate bills coming out from O2. One for DSL, one for a mobile contract and one for a data card.
Two days ago the head of HR again helped me to phone O2 who insist the contracts cannot be cancelled until Feb 2019 & Sept 2018 respectively. This, is without having my correct; name, address or a signature for the contracts.
My wife and I have been using Telekom prepaid since late 2016 as it is much better service (we couldn't get signal where we used to live) and it's a lot cheaper, as well as being able to use Telekom hotspots.
I would love someone to be able to explain to me how I can be legally obliged to pay for these contracts without my name/address being correct let a lone lacking a signature to authorise them. It's not even as though O2 can say we've been using them the whole time as the simcard has been buried in a box in the cupboard.
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Contracts can - not only in Germany - be made even without a signature, e.g. if they are made online or by phone.
A wrongly written name and so on do not prevent you from being obliged to fulfill your side of a contract. You could even be prosecuted for this, as you may have vommitted an offence!
For the rest you should write a letter to o2. I doubt that a forum is a correct or appropriate way to solve your contract problem.
A wrongly written name and so on do not prevent you from being obliged to fulfill your side of a contract. You could even be prosecuted for this, as you may have vommitted an offence!
For the rest you should write a letter to o2. I doubt that a forum is a correct or appropriate way to solve your contract problem.
There was an offer by O2 that we did not accept. We did not use the contracts/SIM cards past the point of rejecting their offer.
As for me being prosecuted, you are being ridiculous. They had my name listed incorrectly to the point where I didn't receive emails from them. We were waiting for an offer that never arrived and after speaking to them back in late 2016 found out they had my name wrong. They clearly never updated it, but instead chose to continue the contracts.
I have via a third party, spoken to them on the phone and followed their steps to terminate the contracts.
Their twitter representatives suggest I discuss my concerns here.
As for me being prosecuted, you are being ridiculous. They had my name listed incorrectly to the point where I didn't receive emails from them. We were waiting for an offer that never arrived and after speaking to them back in late 2016 found out they had my name wrong. They clearly never updated it, but instead chose to continue the contracts.
I have via a third party, spoken to them on the phone and followed their steps to terminate the contracts.
Their twitter representatives suggest I discuss my concerns here.
OK. Wait here for an o2_moderator to make a statement.
By the way: Obviously you received the SIM, so o2 at least has the correct address. Simply not using a SIM does not mean that a contract is ended or has not begun. ;)
I've got the Impression that you do not know much about laws and contracts, and apart from this you seem not to take the matter seriously enough. But it doesn't matter to me at all. It's your affair, not mine. 😉
By the way: Obviously you received the SIM, so o2 at least has the correct address. Simply not using a SIM does not mean that a contract is ended or has not begun. ;)
I've got the Impression that you do not know much about laws and contracts, and apart from this you seem not to take the matter seriously enough. But it doesn't matter to me at all. It's your affair, not mine. 😉
Your impression is very wrong. You're so busy trying to facilitate your 'omnikron' title that you've missed the point.
The offer was rejected. The sim cards were not used past the point of the offer being rejected. This demonstrated the offer was not accepted, and they cannot rely on performance on our side. The only reason I mention the sims be used or not, is in case they suggested "you used the sim, there fore you accepted the offer". I don't pretend to know German contract law, but my English law degree and masters in Sports Law does give a small idea of what may or may not be legally binding.
Why must people like you be so rude and overbearing with your answers? If you cannot be helpful or even polite (emjois don't make you a nice person by the way) then please keep your answers to yourself.
The offer was rejected. The sim cards were not used past the point of the offer being rejected. This demonstrated the offer was not accepted, and they cannot rely on performance on our side. The only reason I mention the sims be used or not, is in case they suggested "you used the sim, there fore you accepted the offer". I don't pretend to know German contract law, but my English law degree and masters in Sports Law does give a small idea of what may or may not be legally binding.
Why must people like you be so rude and overbearing with your answers? If you cannot be helpful or even polite (emjois don't make you a nice person by the way) then please keep your answers to yourself.
There are a number of questions to be answered here. As you will know as it is the same in English contract law, depending on the circumstances the name being wrong does not necessarily automatically void the contract.
What is important is whether you received the notification of the right to cancel and whether your cancellation was received by o2 within 14 days (assuming the contracts were not concluded in a shop). The other issue related to this is why emails went to the wrong address, i.e. whose fault was that? As I would assume you know how to spell your own name and it appears from your explananation that the incorrect name was the problem there is a good chance that the notification cannot be seen has having been received. This extends the deadline for cancellation by 12 months but as you are now 18 months into the contract you can no longer rely on this. My suggestion therefore is that you should write to o2 explaining the situation and hope that they will allow you to terminate the contract early as a gesture of good will.
What is important is whether you received the notification of the right to cancel and whether your cancellation was received by o2 within 14 days (assuming the contracts were not concluded in a shop). The other issue related to this is why emails went to the wrong address, i.e. whose fault was that? As I would assume you know how to spell your own name and it appears from your explananation that the incorrect name was the problem there is a good chance that the notification cannot be seen has having been received. This extends the deadline for cancellation by 12 months but as you are now 18 months into the contract you can no longer rely on this. My suggestion therefore is that you should write to o2 explaining the situation and hope that they will allow you to terminate the contract early as a gesture of good will.
Thanks for your response. I will try sending a letter, it cannot cause any more harm.
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