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Ask John Quirke, Esq Your Own Question
John Quirke, Esq
John Quirke, Esq,
Category: Republic of Ireland Law
Satisfied Customers: 19
Experience:  Barrister at Law at Self Employed
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I had my phone service with O2 . They have been taken over

Customer Question

I had my phone service with O2 . They have been taken over by 3 . They say there is no change to the contract but surely the fact that they are a different company means there is a change there alone . Also the phone coverage has gone from excellent to awful since the takeover . They say there is no issue and that there is nothing they can do . As a result this is costing me a lot of time and money . I can't make or receive calls from my premises where I always could . I need to change networks but they say that I would be breaking the contract . According to there own t+cs if there is a change to the contract they are obliged to inform the customer that they are entitled to leave the contract without penalty
I really need to Change but I have three phones so It could cost me dearly if I do.
I just need to know where I would stand considering the fact they are no longer providing the service that I signed up to .
Thank you *****
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  John Quirke, Esq replied 1 year ago.
Your best option is to make a complaint to comreg (the regulating body) about the poor service.
This is not really an issue regarding a breach of contract rather it is to do with poor service which is governed by the regulating body.
In short, 3 are allowed to take over your existing contract without breeching the terms of the contract you entered into and secondly if the service is not up to the standard you believe was agreed, the first port of call is the regulator under your contract.
Raise the service issue with this body and they will investigate your complaint.
They are obliged to investigate and 3 will take the complaint seriously. You should also bring up the fact that you wish to move because of inferior service with comreg.
Depending on the determination of comreg, you may be released from your contractual obligations.
If however comreg do not find in your favor I would not advise pursuing breach of contract in the courts as the risk of losing would not be worth while and you will find that the terms of your contractual obligations cover this scenario by recourse to the regulator.
Comreg are easy to deal with and are very efficient.
you will get there number and information on how they operate on line.
I hope this is of some assistance to you
Kind Regards
John

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