O2 is in breach of contract, how do I prove it and sue them?

Question

I will first emphasize that O2 is an absolute garbage internet provider.

I have an LTE connection with a subscription for 100 MB/s, Since I got it, the maximum MB/s that I recorded was around 40MB/s, and usually around 10MB/s or below.

This is extremely unacceptable and from further inquiry by phone with O2, this is way below their minimum promised speeds, meaning, they are in breach of contract.

I tried changing contracts, having called the English support line, they told me I can change to DSL or Cable for the price of 25 or 20 Euros per month, they told me on the phone they will call me back as they need to inquire about a further discount for me.

I never got that call back, after being ghosted for 4 days, I call O2 back on the English support line, only to be answered in German, the German person on the phone was kind enough to transfer me to the English line only for them to immediately hang up on me after hearing my problem.

After calling back, being answered in English, the person on the phone decided to abruptly transfer me to the German line, while I was mid sentence. After AGAIN, being transferred back to the English line, having to retell my problem for the third time, the person on the line puts me on hold for 10 minutes only to offer me a new contract for 49 Euros per month.

“This is the only option I can offer”, said the man, how can this be when I was already offered a lower price a few days prior?
He also said what I can do is cancel my current contract in order to get a discount on a new one, something the original person I called with never mentioned.
After I asked how to do this, he told me I should send A LETTER by PHYSICAL MAIL.
Why, you might ask, should I send a physical letter to a technology company instead of a simple email or online form?, the answer is, BECAUSE IT IS FASTER THAN EMAIL!!!

I already knew Germany is a backwards country, but I thought they already at the very least invented the telegram as form of communications, a person on horseback or a pigeon delivering my letter is absolutely not an acceptable form of communication.

This bring me to my main question. How can I prove that O2 is in breach of contract? Do I check my speeds every day and make a screenshot? Should I contact lawyers or can I simply cancel my SEPA direct authorization and let them contact me?

Edit o2_Kathi 16.07.24 Paragraph removed due to inappropriate tone

o2_Kathi · Accepted Answer

Hello @The Company Is Garbage🙂Welcome to our community, even if the reason for your post is not positive.I would like to ask you directly to maintain a friendly tone here, which is why I have removed the last paragraph from your post. Because we also expect respect and a pleasant tone💡You are not forced to send us a letter, as bs0 has already written to you, you also have the option of sending us a contact request online🤗I understand that you are annoyed because you want a higher speed and have booked one. I would like to ask you a few questions so that we can help you further.How long has your contract been in place and how long have you had the download and upload restrictions?So you're talking about an o2 Homespot contract, right?Are you already familiar with our Live Check? What is displayed at your address in terms of reception at your home?Is there a known fault or is reception generally somewhat limited?Yes, we offer the option of changing technology. Is DSL or cable more suitable for you and what is available at your address? You can check this online at any time.Canceling the SEPA mandate or rather having direct debits returned will only lead to additional costs on your part / you will then receive reminders from us and no calls with queries about itI am absolutely with you, you have not had a good experience with our hotline. That is more than a pity and very annoying.Greetings from Kathi

bs0 · Answer

I will first emphasize that O2 is an absolute garbage internet provider.

That’s a great start if you are seriously looking for help!

if you don’t want to send a letter then use the contact form. If that’s not too advanced for you in this apparently backward country of course.

https://www.o2online.de/service/kontaktformular/

I doubt you want to pay a lawyer to do speed tests for you, so this is where you need to go to do tests that are recognised as authoritative:

https://www.breitbandmessung.de/

simply cancel my SEPA direct authorization and let them contact me?

That is the worse thing you can do. Yes, o2 will contact you - with automatic reminders and payment demands. Then they will terminate the contract and pass the debt on to debt collection agency and ultimately to lawyers.

I don’t work for o2, but if I did I wouldn’t have bothered to reply to you at all as to use the word you used at the beginning of your post, this ‘final note’ is quite simply disrespectful garbage.

Edit o2_Kathi 16.07.24 Creator Paragraph removed due to inappropriate tone

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