Told I Was out of Optus Contract When I Wasn't

LZiglez on 03/02/2019 - 12:28
Last edited 04/02/2019 - 22:56 by 1 other user

Hey guys,

My Grandma has been looking for a phone recently due to the Townsville floods, I told her she can have mine and I'll use my work phone for a while.

Last night I talked to Optus who told me " Nathan I have checked here that you are already off contract and you can now move to a new one, Wait what lol This was for your plan on Samsung Galaxy S8 right? ".

"Yeap it was already finished last July 21,2018, yes you will continue to be charge by your old plan if you do not insist on have it change ..
We have great deals for S9"

She then went ahead and sold me an S9+ on a $69 plan.

So this morning I go ahead a reset my phone and hand it over to my Grandma.

A bit later I chat up Optus cause I haven't received a order number. They have no record of me putting in an order, they want me to pay out the rest of my contract cause Im still under one apparently.

I have a transcript of our conversation last night saying I'm out of contract.

Do I have grounds to get out of the contract and start a new one like I wanted, or do i have to pay the $400?

Edit: After copy and pasting our transcript, they have agreed to waive the $400. They waived the upgrade fee on the phone, so i couldn't get the same plan, but i ended up on another one.

I realise that it is partially my fault for not knowing i am still in contract, but that is why i asked them, to get the exact date.

Edit2: I checked the status of my order today and it showed nothing, i called up and they said someone had cancelled the order… So i went through the motions for a second time. In the end they credited my account $500 and i just went into the store, paid off my account and got on one of those $59 plans for the S9.

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Optus

• 

  [Deactivated] on 03/02/2019 - 12:37

  +3

  If you have proof that their representative insisted your contract has expired, you absolutely have grounds to go with what their representative insisted upon.

  Or they can compensate for your losses incurred, ie. "Selling" the phone early and needing to get another phone in the interim. Coincidentally, that will also cost you $400.

• 

  serpserpserp on 03/02/2019 - 12:38

  -3

  Nope. Because you are actually on contract. You know, this is a legal binding contract between you and a service provider. If they were going to make a mistake, lucky you (but you should have told them you were still on contract instead of being quiet), but they found their error and are honouring the original contract which is their right.

  Pay the $400 and move on. Or cancel your order (although it seems like their isn't even an order).

  Perhaps ring Optus again to double check there is no order. Then move on.

  • 

    Ziglez on 03/02/2019 - 12:44

    Well the issue is i didn't know i was on contract still. I was chatting with them to find out. Not like i was trying to be sneaky or anything.

    • 

      John Kimble on 03/02/2019 - 13:04

      +4

      You should have known though. Contract term was set/agreed to, and in writing when you signed up.

    • 

      serpserpserp on 03/02/2019 - 15:13

      +1

      Wait what lol This was for your plan on Samsung Galaxy S8 right?

      From this reaction it sounds like you thought you were under contract and was surprised by the fact that Optus said you weren't.

• 

  Randxyz123 on 03/02/2019 - 13:17

  I'd contact them again and ask what your options are.

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  whooah1979 on 03/02/2019 - 15:55

  It looks like Optus won by getting you sign a new 24 month contract.