If most of your conversations with O2 took place over the phone, it is natural to feel uncertain about how you can prove what was said if you escalate the matter to an ombudsman. Many people worry that without recordings or written confirmation, their complaint will not be taken seriously. Understanding how the ombudsman process works can help reduce that uncertainty and clarify what is expected from you.
This guidance explains whether an ombudsman can obtain information directly from O2 and what you should do if your evidence is mainly based on phone calls.
Understanding the issue or context
Telecommunications complaints often involve lengthy phone conversations about billing, contracts, or service problems. Customers may rely on what they were told verbally, only to find later that there is no written record in their possession.
When a dispute is escalated, people are often unsure whether the burden is entirely on them to provide proof, or whether the ombudsman can request call records or internal notes from the provider.
The key issue is understanding how evidence is gathered and assessed during the ombudsman process.
The legal rules or framework
In the UK, telecommunications providers such as O2 are required to keep certain records of customer interactions, including account notes and, in some cases, call recordings.
When a complaint is referred to the relevant ombudsman, such as Ombudsman Services: Communications, the ombudsman has the authority to request information directly from the company. This can include internal records, call logs, and notes made by customer service staff.
However, this does not remove the need for you to explain your complaint clearly. The ombudsman relies on both parties providing information so that the issue can be assessed fairly.
Practical steps to take
If your complaint is based largely on phone calls with O2, the following steps can help strengthen your position:
- Write a clear summary
Set out what was discussed on each call, including dates, approximate times, and the outcome promised. - Submit any supporting documents
Include bills, emails, messages, or screenshots that support your account. - Raise a formal complaint with O2 first
The ombudsman will usually only consider cases after the provider’s complaints process has been completed or deadlocked. - Explain that key conversations were by phone
Make this clear when submitting your complaint so the ombudsman knows what to request. - Allow the ombudsman to investigate
The ombudsman can ask O2 for relevant call records and internal notes as part of their investigation.
These steps help ensure the ombudsman has enough context to assess the complaint properly.
Common pitfalls to avoid
People often weaken their case by:
- Assuming phone conversations cannot be relied upon at all
- Failing to provide a clear written account of what was said
- Skipping the provider’s formal complaints process
- Waiting too long before escalating the issue
Avoiding these pitfalls can make the ombudsman process more effective and less stressful.
Frequently Asked Questions
Can the ombudsman listen to my calls with O2?
The ombudsman can request call recordings or notes from O2 if they are relevant and available.
Do I need recordings myself?
No. You are not expected to have recordings, but you should explain what was discussed.
What if O2 says no recordings exist?
The ombudsman can still consider account notes and other evidence when reaching a decision.
Will my complaint fail without written proof?
Not necessarily. Ombudsman decisions are based on the balance of evidence.
Should I submit a Subject Access Request first?
This can help, but it is not always required before going to the ombudsman.
When should I escalate to the ombudsman?
Usually after O2 has issued a deadlock letter or eight weeks have passed since your complaint.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.