Trackbacks

• No trackbacks exist for this post.

Comments

• Wed, 09 Jul 2008 03:44:51 GMT Lawrence Perry wrote:
  I rang up O2 today and spoke to one of their call center staff Team G12 who escalated the charges to Teir 2 who said that they would do something about it - the total bill may be in the region of £264 for data over two weeks.
  
  I also carry a T-mobile business phone and their bill in comparison is £44, which is normal with my usage. I also used that phone for roaming - so honestly I consider O2's service charges for roaming in France excessive.
  
  O2 has no reception in Barcelona.
  Reply to this
• Wed, 16 Jul 2008 11:09:22 GMT Lawrence Perry wrote:
  The charges for roaming have now increased to £193.74
  
  I rang O2 from UK on 0870 600 3009, and spoke to the receptionist at the other end of the phone on Complaints.
  
  I asked for tier 2, and she looked at the bill
  
  i mentioned they were on watchdog - and then she said that she looked into that and ofcom had come out on the side of o2, and i had signed their terms and conditions, and so they couldn't do anything
  
  i then said that i wanted to leave o2
  
  i mentioned seeking legal advice and a judicial review (which of course would set them back 20k)
  
  as this is your first time we do have a process to refund you this money, but i will have to speak to my manager about this
  
  she asked me to hang on - i had pipped music and then it stopped - after another 5 minutes it started again
  
  On discussion with my manager it is the French network that is charging you - it goes back to the French network and they will not do anything about changing the bill.
  
  That means for two weeks on the iphone roaming that was an extremely patchy service - you are guilty of daylight robbery.
  
  Now I happen to be a member of Additions through Barclays, so I shall phone them to seek legal redress.
  08701648247
  
  1st thing small claims court in that i have been misled to their charges and was encouraged to take on board their contract and i shouldn't be responsible on grounds of misrepresentatation - they did not make it clear to me.
  
  ring up local county court ask for a claims pack - overcharged by so ans so
  - court fee.
  
  then go to offcom and hidden in their paperwork and it shouldn't be going on
  
  send acknowledgement
  
  and this can take up to 6 weeks
  
  report them to trading standards over their statement
  
  I then phoned O2 and checked the address for seeking legal redress.
  
  I told them the steps that I would take to recover my money, and the receptionist said that she considered that I was making a nuisance call.
  
  Imagine that O2 consider there customers nuisances!
  
  Current Legal Action
  
  

  European briefing (July)
  Subject	EUROPEAN UNION - INTELLECTUAL PROPERTY
  Keywords	COMPARATIVE ADVERTISING : EC LAW : MOBILE TELEPHONY : TRADE MARKS
  Publication	Solicitors Journal S.J. (2008) Vol.152 No.26 Page 15
  Date	1/7/2008
  Author	Paul Stanley (Essex Court Chambers)
  Summary	This issue of European Briefing discusses: (1) the European Court of Justice ruling in O2 Holdings Ltd v Hutchison 3G UK Ltd (C-533/06) on whether comparative advertising breached the claimant mobile telephone company's trade mark, and the approach taken by the Court to Directive 89/104 art.5(1)(b) and Directive 84/450 art.3a(1); (2) the referral by the House of Lords of questions already determined by the European Court of Justice back to the European Court of Justice for further clarification in O'Byrne v Aventis Pasteur MSD Ltd; and (3) the European Court of Justice ruling in Skatteverket v Gourmet Classic Ltd (C-458/06).
  European	Directive 89/104 on trade marks, art.5(1)(b) : Directive 84/450 on misleading advertising, art.3a(1)
  Cases	O2 Holdings Ltd v Hutchison 3G UK Ltd (C-533/06) Unreported June 12, 2008 (ECJ) : Skatteverket v Gourmet Classic Ltd (C-458/06) Unreported June 12, 2008 (ECJ (4th Chamber)) : O'Byrne v Aventis Pasteur MSD Ltd (2008) UKHL 34 (HL) : O'Byrne v Sanofi Pasteur MSD Ltd (formerly Aventis Pasteur MSD Ltd) (C-127/04) (2006) ECR I-1313 (ECJ (1st Chamber))
  Document No.	AL4204500

  
  

  Title	O2 loses case over trademark adverts
  Subject	COMMERCIAL LAW - TELECOMMUNICATIONS
  Keywords	COMPARATIVE ADVERTISING : EC LAW : MOBILE TELEPHONY : TRADE MARKS
  Source	Financial Times, June 13, 2008, 3
  Author	Bradshaw, Tim
  Date	Jun 13, 2008
  Abstract	Mobile phone operator O2 has lost a four year legal battle against its rival 3 over 3's use of its trademark bubble imagery in an advertisement comparing call costs. The European Court of Justice concluded that Hutchinson 3G, the owner of 3, did not confuse or mislead consumers with its 2004 advertisement in a ruling that allows advertisers to continue to use competitors' trademarks in comparative marketing providing there is no risk of confusion between the two brands.

  
  
  

  Title	IT & telecommunications (September)
  Subject	INFORMATION TECHNOLOGY - TELECOMMUNICATIONS - COMPETITION LAW - HUMAN RIGHTS
  Keywords	ANTI COMPETITIVE ACTIVITY : DISABILITY DISCRIMINATION : EC LAW : MOBILE TELEPHONY : SOFTWARE : TELEPHONE CHARGES : WEBSITES
  Publication	In-House Lawyer IHL (2003) No.113 September Pages 73-75
  Date	1/9/2003
  Author	SJ Berwin
  Summary	This issue of IT & Telecommunications Briefing examines developments in the following areas: (1) The implications of the Disability Discrimination Act 1995 for software developers and website operators, guidelines on compliance, including the ISO/TS 16071 standard on the Ergonomics of Human-System Interaction - Guidance on Accessibility for Human-Computer Interfaces, and sanctions and actions for breach of the Act. (2) The High Court's decision in R. (on the application of T-Mobile (UK) Ltd) v Competition Commission, involving an appeal by mobile operators against the imposition of mandatory reductions of termination charges by Oftel following recommendations made by the Competition Commission. See also: Insurance (May) by Kennedys (IHL 100(May), 67-68), indexed at AL5401111.
  Statutes	Disability Discrimination Act 1995 : Telecommunications Act 1984, s.3
  European	European Parliament and Council Directive 97/13 on a common framework for general authorisations and individual licences in the field of telecommunications services : European Parliament and Council Directive 97/33 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of open network provision (ONP)
  Cases	R. (on the application of T-Mobile (UK) Ltd) v Competition Commission (2003) EWHC 1566 (QBD (Adm Ct)) : Telefonica de Espana SA v Administracion General del Estado (C-79/00) (2001) ECR I-10075 (ECJ (6th Chamber)) : Inter-Environment Wallonie ASBL v Region Wallonne (C-129/96) (1997) ECR I-7411 (ECJ)
  Document No.	AL5401476

  
  
  
  Reply to this

Leave a comment