Published on: 06.01.2021
- Initial Notice: we will add more information daily on this report. Once we conclude the report, there will be a “Final Notice” notification at the end of this report, telling you it’s ready for the full investigation.
CLAIM CASE AGAINST O2 FOR VOID, ILLEGAL AND FRAUDULENT CONTRACT
This case needs to be analysed by EU legislatures because O2 is using illegal strategies to make an abdominal profit at the cost of illegally overcharging consumers.
Under the European Law, contract agreements used by O2 have to be fair. O2 is not allowed to create an imbalance between consumers rights and obligations as a consumer and the rights and obligations of O2.
O2 has failed to provide Mauro a well planned and easy-to-understand contract. In fact, O2 used an unclear contract template that O2 employees could not explain the terms and conditions applied to Mauro’s telephone contract.
Since there were ambiguities within the terms and conditions, the contract terms were unfair under EU law, which have no legal or binding force on Mauro. The unfair main term was an essential element of the contract, which means that the entire contract is unfair and its entirety is invalid.
Mauro attended various O2 stores, collecting data in order to evaluate the findings which prove that O2 is using void, illegal and fraudulent strategies, contract terms and conditions. The findings are pointing to the direction that Mauro’s argument successfully justified to terminate the contract enforced by O2.
With your support, Mauro attempts to fix the matter as well as help other consumers not to fail into the same trap.
Letter to O2
From: Mauro Moraes
Krausnickstraße 8
Mitte, Berlin, 10115
To: O2 Telefónica Germany GmbH & Co. OHG
Überseering 33
22297 Hamburg
Ref: +49 017632319903
Dear Sir or Madam,
I recently entered into a contract on 04.10.2019 at O2 Shop, Tauentzienstraße 13, 10789 Berlin.
I told the Seller that I am on low income, receiving support from the Jobcentre and I can only afford a mobile bill of 20 euros monthly. The Seller said that “No problem, there is 19.99 euros plan for you” which was a lie. I was offered 20G of data for 19.99 euros, unlimited call and messages contract. The Seller told me that it was a 6 months contract. I signed the contract based on these conditions.
06.10.2019, I found out that there were extra chargers attached to my account. I went to the O2 Shop, requesting to cancel it however a few days later it was not cancelled.
10.10.2019, I received an email saying that my first bill would be 40.81 euros which is not 19.99 euros. I went to the O2 shop and I was told that I had to pay joining fees however I was never told about it when I signed the contract. I asked the seller that my next bill would be 19.99 euros and the seller guaranteed that yes.
11.11.2019, I was shocked because my next bill was not 19.99 euros. It was 25.69 euros. I went back to the O2 shop. This time I was told another story. The seller told me that my second sin card which I never asked for, was the problem and I would have to pay for it. I was never told about that when I signed the contract and the seller told me to keep the sin card even if I don’t need it.
10.12.2019, I went to O2 Shop in Mitte and I was told that my contract is for 2 years time, not “6 months” time. I was told that I was paying for a second sin card 5 euros a month more and my bill would never be 19.99 euros.
11.12.2019, I got another bill way above the 19.99 euros which is in fact 32.97 euros which is outrageous. I am on benefits and I can’t afford such expensive bills. I have not used my phone that much. Why have I been charged so much?
PS – O2 Shop is trying to upsell tools and products to consumers via using lies and misleading information. O2 bills are confusing and impossible to understand even O2 sellers can’t explain to me my mobile bills.
All the above is illegal and I will not accept such terms and conditions.
In accordance with my rights under the Consumer Contracts ‘’Information, Cancellation and Additional Charges’’ Regulations 2013, I would like to cancel the contracts.
I require written confirmation from O2 that the contracts habe indeed been cancelled and that no payment will be claimed by O2.
Yours faithfully,
Mauro Moraes
To be continued…