I think number 1 on that list should apply:
As a consumer of mobile phone products and services, you have the right to:
When I went into an Optus store just over a year ago I asked if I paid the lease to the end of the period, I had the option to then "buy out" whatever was the remaining fair price of the phone and either move to a SIM only plan or simply continue the existing plan. I was told yes to the SIM only option and "up to 6 months" if I wanted to continue leasing. I made it clear I was unlikely to upgrade. I was told that if I paid "fair market value" of the phone at the end of the contract I could then do what I like. It seems I fell for the good old "bait & switch."
The initial blog post is quite confusing and certainly creates the impression you have to either upgrade (and pay a fee) or cancel (and pay a fee) at some point quite soon. It says nothing clear about seeing out the end of the contract and then buying the phone (without any extra fees) - which is all I wanted to do.
Thanks a bunch for clarifying this mess, Optus.
Your contract hasn't changed. You are still working under the exact terms and conditions you were when you signed up. All Optus has flagged is that when your current contract expires they will not be offering a similar contract again for a 24 month renewal. Its just a matter of politeness, not legal obligation.
When you say you "didn't opt in to own the phone because I wanted to upgrade my phone every year." that was a misunderstanding on your behalf - own your own phone plans also had the exact same option to upgrade every year. Whatever your motivations, a leasing plan has the sole benefit of 'saving' you $240 over the life of the plan.
Ironically you've requested "them to update my plan so I can own the phone after 2 years." which is exactly the process they have now put in place. All you need to do is complete 12 months of your contract (not sure how far you are in already). After that pay $99 and upgrade your phone to a brand new one. The contract will be a 24 month one (same as originally agreed) but after 24 months you will own the phone.
Actually im after updating my current contract to be able to own the phone after 2 years because after my contract expires, I do not own the phone. I did not opt to pay the extra 10 dollars per month to be able to do so, only because I was planning to upgrade under a lease each year. Would you think I'd opt not to own the phone If I knew Optus would do this?
Yes everyone understands that Optus will no longer be able to provide leasing plans. It is now impossible to renew under a lease each year, which totally defeats the purpose of signing up for the plan I took 3 months ago.
It is also clear that Optus failed to communicate this properly to its customers. If this is not their legal obligation to do so then should we assume Optus did not inform us properly because they weren't polite?
I cannot wait to see how ridiculously over priced Optus’ “market value” is to buy the phone at the end... only have a month or so left of my 24 months, how do I find out how much I’m gonna be ripped off to buy the phone?
I am currently on a leasing plan where I pay $59 for my plan and $5 for my device (Samsung Galaxy S9+). When I signed the contract, it said I can upgrade to a different device on a leasing plan or a buying plan after 12 months.
I chose leasing plan because it is a lot cheaper than buying plan.
But now they are telling me that I cannot lease a different device, I can upgrade to a different device on a buying plan.
How can Optus change the terms of a contract that has already been signed? I don't like the new terms and I should be allowed to terminate this contract without having to pay the termination fee, as I am not choosing to terminate my contract, Optus is changing their terms and is forcing me to get out of this contract.
Changing terms now, when many customers signed a contract thinking that they will upgrade to a new device after 12 months, is totally unfair and unethical.
I think you're in the wrong place ... The whole reason people opted for leasing phones is because they wanted an upgrade annually. We aren't on a used phone or car sales website.... We are literally on a thread about leasing plans that were designed for the exact purpose of new phone upgrades.
I am absolutely so angry about this that I think I will be taking this to the Ombudsman. Not only was I not informed about this when I signed up to this plan earlier this year, I only just received a text about this yesterday 28/8/10/19. This is wrong Optus you have made false claims to me when I was pushed into this plan “it will be better plan for you”. What a load of crap!! You have mislead people which is disgraceful. Shame on you Optus not happy
You can't change your current contract, but no harm asking though.
What I'm saying is that had none of this happened, had Optus continued with leasing plans then you would still be in exactly the same situation you are in right now. You would still be facing a new higher plan fee, still be resigning for another 24 months, still paying $99 to upgrade, still have the same amount of time to run out your current contract etc.
The only thing that has altered is that this time around instead of giving away a $1000+ phone in exchange for $240 up front you will own the phone yourself. You will be able to repair it on your terms and keep using it long after your two year contract is up.
I guenuinely wish you luck moving forward, but IMO you already have greatly improved options after this.
The terms of your current contract remain unchanged. Optus decide what future plans that they offer are "elligible" for the leasing deal. If you want to take up the $99 offer then as the CIS says:
After 12 months on these plans you have the option to pay a one-off fee of $99, return the original mobile handset to Optus in good working order (damage fees apply if it is damaged) and recontract on a new eligible 24-month plan.
There was never any suggestion that the new plan would be the same as your old plan - its a new contract.
My contract says, that I can upgrade to a new device on a leasing plan. Which means, I can lease a new device. But now, Optus is changing the terms and I am no longer allowed to lease a new device.
By paying $99 for upgrade, i can keep my current plan and upgrade to a new device but i would be paying device fee for "buying a device" , not "leasing a device".
Leasing device rates are always lower than buying.
Now if I have to upgrade, I have to pay a much higher cost then I would have to pay if they were still letting customers lease devices.
So it does affect me money wise and it does contradict the contract that I signed.