My name is Yarin and I've been living in Germany for the last 2.5 years and I had a case that I would never have believed that would happen to me here.
On 27.11.2020 I was going with a friend to O2 that is located in Münchner Freiheit 7, Munich and I asked to buy a new iphone 11 after that I was a customer of O2 already. The o2 seller showed me that for the Iphone I will pay 45 euro plus the call and internet and I will pay 35 Euro for the home internet that I have. In addition to this he told me I will get a free sim card with 20 GB of internet free of charge.
I asked him multiple times how much I will pay and he repeated a few times that I will pay only 80 Euro. He told me that I don't have any reason to worry many times. He signed me on German papers and a few weeks later I got the bills from O2 and saw 4 phone numbers!!! 1 of my mobile, 1 of my internet and 2 unknown numbers. I got the bill of over 105 Euro and after I called o2 they told me this is what I signed for and I can't do anything until the contract expires.
The seller, for my opinion only, started to behave completely differently once I told him that I'm originally from Israel and I believe that this scam occurred because racist background. There is not any reason for me, a single guy without a family, to order 2 extra phone numbers and have in total 4 lines!
After I complained o2 I got a letter a few weeks later that they checked it in-front of the sellers and they said everything was under my agreement. Which is a joke because they asked the guys who fraud me about it. They also attach the signed contracts in German. I have never felt so humiliated and exploited. It is simply disgusting that o2 backs up such exploitative and suspicious racist behavior.
After I opened dispute in the EU dispute center, O2 didn’t even answered. Right now a lawsuit is about to file to court.
I never thought that I will face this behaviour in Germany and from simple request to upgrade my phone I will be a victim of exploitation.
I shared my experience in order to warn others.
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By the way before O2 will say they don’t know about what I’m talking about-
EU Dispute Resolution 2020/DT130081.
O2 Ignoring the EU dispute center from 15/12/2020.
Almost 3 months!
I only can wonder if O2 will ignore the German court.
Edit o2 Name: Namen entfernt
@Yarin Sorry for all the troubles but you should mention that the o2 shop is an o2 partner shop (If I searched right). But this make it not better.
Hi @Joe Doe ,
I don’t know if it’s partner shop or O2 shop.
In Google it shows as O2 shop:
The way the O2 handle this case is ridicules- Asking the sellers if they fraud me and after the sellers said no so O2 said they handled this issue. Embarrassing.
Also to ignore the EU dispute center shows a lot.
If it is a partner shop (which most are) then it is normal that the provider will pass the liability to the shop as a separate business. Also, if the contracts were signed, then legally the contract was concluded. Perhaps you can explain what the basis of your dispute is. I am not saying you don’t have a genuine reason to sue, just that it is not apparent from your text. Have you spoken to a lawyer? I assume so if you are already at a point where you intend to go to court.
I was with a friend and the sellers multiple times assure us that the charge will be only for the phone, which is extra 25 Euro.
They said multiple times that the 2 extra sim cards are free and we asked the sellers multiple times and they said that I don’t need to be worry and just that I need to sign to contract.
And yes I did spoke with a lawyer and of course I have solid ground. We will apply for small claims court.
It’s unbelievable instant of say sorry of try to understand the client so O2 don’t take any steps and make the customer suffer. Company like O2 need to be here for the client and not using their power to make the customer suffer.
I came to Germany to study and work and not to fight with telephone company but the feeling of humiliation and the insulting is unbelievable. I didn’t asked from O2 thousands of euros, only to cancel those 2 numbers that they pushed me and refund me the 3 months charges for them. It’s around 105 Euros. That’s it.
Also my obligation is to warn others and share my story and to avoid others to be in my situation.
Now I’m with 4 numbers for a single person! you think it make sense?
I know that extra 35 Euro per month doesn’t sounds a lot but multiple it in 24 and it’s 840 Euro. Which is a lot of money for a student!
There are individuals who have lots of contracts for various reasons, so that in itself is not at all unusual.
Out of interest, what is the basis (solid ground) for the claim in the local court? It can’t be the contract itself if the claim is directed at o2.
To start to elaborate all the claims? I explained all in the above messages.
I sent to O2 via the EU dispute center. If you are O2 lawyer, or someone in their behelf, you are more than welcome to see what I sent to O2. You also more then welcome to call me.
And I explained many times that the extra 2 sim cards was gave under false promises that it free so there is no any reason that I will have 4 sim cards.
To start to elaborate all the claims? I explained all in the above messages.
In your posts above there is nothing which would seem to be the basis for a claim in contract, hence the question. It just appears that you were promised something by the shop that was not in the contract you signed. If the extra SIM cards are shown as being free in the contract then of course they should be free.
No, I do not work for o2, I am just trying to understand what exactly your claim is based on. Of course you are under no obligation to answer my questions, but if you post to a discussion forum then it is likely people may wish to discuss with you ;-)
Dear @bs0 ,
The legal expects I will leave to the lawyer. As you can assume, I already discussed with one:)
The main issue, is to share my experience with O2 in general and in this branch especially. And maybe O2 will change something (even though I pretty much sure that they won’t but hopefully..) .
In general not everything is legal issues, there is also customer support and taking care of the customer and make him satisfied :)
Then good luck with your claim. I just hope it doesn’t end up costing you more than the value of the additional SIM cards.
@bs0 840 Euro for a student in the beginning of his life it’s a lot of money so maybe for you it’s easy to suggest just to give up this money.
But for me it’s a lot of money.
@bs0 840 Euro for a student in the beginning of his life it’s a lot of money so maybe for you it’s easy to suggest just to give up this money.
But for me it’s a lot of money.
I wasn’t suggesting anything, don’t get me wrong, I just meant that filing a claim is not cheap and if the court doesn’t decide in your favour and/or you have to pay your own costs then you would end up paying even more. I am sure the lawyer has advised you accordingly though.
You can dispute the contract in court because his verbal agreement does not fit his formal agreement you signed. Your friend as a witness can proove that his verbal agreement with you was the way you described - cheaper than the actual bill. A verbal agreement has the same value as a formal agreement on paper. Good luck
Thank you @necoosam !
I hate to burst the bubble here but I feel it is only fair to point it out. What @necoosam wrote is correct in principle, however there is in fact no verbal agreement here, just pre-contractual information (as opposed to a contract by telephone, for example). This does not mean that you cannot dispute the contract on the basis of mistake or misrepresentation, nor does it mean that your friend cannot act as a witness. In practice it will come down to the court's evaluation. Again, I am sure that the lawyer will advise accordingly.
this does happen to germans too… it doesnt make it right… but to claim it is because of racism is realy big… i would say in the worst case it is because of a language barrier… but maybe i’m just an idealist and ur right… hope u get it solved soon...
you’re welcome @Yarin
@bs0 i might add up few more lines for @Yarin
@bs0 It’s true they didn’t have a verbal agreement with a final handshake but running costs are essential components of an agreement, the seller has the obligation to inform about all costs, no matter if the agreement has been done verbal or formal. In this case, telling the two additional numbers are free of charge is a fraudulent misrepresentation (german civil code BGB § 123 (1) ) and herewith disputable in court, as you said. the fact that the seller “pushed” you for extra two numbers strengthenes the possible fraud, as you are not in need of 4 numbers as a single person
@Alfons81 I hope there is no any racism involved, this is why I wrote many times “for my opinion only” as you can see.
I think there is a connection because they changed their behaviour in 180 degrees once I told them this.
But again - This is my opinion only.
Hi @Yarin,
thanks for your messages concerning your experiences in one of our shops. I regret that you feel deceived by the seller in the shop. This is absolutely not in accordance with o2 and I personally understand your annoyance.
But as @bs0 already explained to you and also the letter from o2 already confirmed, you signed the conditions in the shop. By the fact that you signed the contract, you agreed on it. Therefore, it is always wise to read the agreement before signing it.
Of course, I understand that you say that the seller did not inform you correctly about the costs of the additional 2 contracts. But as our complaint management was not present at the consultation in the shop, we only can take into consideration the written facts. And these facts show that you have signed the contracts.
It is your right to clarify the matter with a laywer. As you tell us that you have already lodged a claim, our legal department just waits for the complaint letter of your laywer. You will then receive a direct answer from our legal department.
Therefore, it does not make any sense to discuss your issue here in our English Community any further. Please understand that the moderators here in the English Community will not give you a different solution to the one that you had already received in written form by letter in January 2021.
I hope that our legal department still can find an acceptable solution for you.
Loving greetings,
Tobias
Hi @o2_Tobias ,
You just showing unfortunately the attitude of o2, even though the seller promised me something and assign me for something else, you go to the legal aspect and in other words you say “it’s your own problem that you signed it even if they scam you”.
It’s just showing the way of o2 to solve problems, not by letting the costumer be satisfied or happy but to look how to get his/her money.
The letter that was just sent by January said that O2 asked the sellers and they said that everything fine. What an embarrassing and unprofessional answer. What did you accepted that they will say?? “yes we told him one thing and sign him on other thing after we made sure he doesn’t know German??
Dear @o2_Tobias I didn’t sent any letter yet, only approch the EU dispute center. I have legal right to go to court and witness. I rather to solve it in costumer service level and not via lawyers.
I open and rather to solve it via you.
Stop see your clients as a legal identity or as a wallet. They lied to me.
So you are more than welcome to reach me in private.
I’m doing everything before it will go to court but if there is no choice I will do it with an heavy heart.
I will show to court that I tried to solved it in any way and O2 didn’t solve it.
Thank you.
Hi @Yarin,
okay, thanks for your quick reply. Then I misunderstood you concerning the letter, sorry for that.
But the facts are nevertheless the same. You already received a written decision with the letter dated 8th January 2021.
Please understand that the moderators here in the English Community will not give you a different solution to the one that you had already received in written form by letter in January 2021.
Therefore, I have no other solution for you.
Loving greetings,
Tobias
It’s just unbelievable.
Really unbelievable. I’m doing everything to solve it and there is no any willing to help from O2 side no matter how much I explained.
You cannot really expect a moderator here to give you a different answer once complaint management have already processed and responded to your complaint. This is a discussion forum and not the place to resolve an issue like this. You can either write again requesting reconsideration or choose to go ahead and either ask a lawyer to send in a letter for you, or, if you choose to, on their advice start legal proceedings.
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