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  #1  
Old 08-11-2012, 02:44 PM
pat2468 pat2468 is offline
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Default Eircom Cancellation charge 510! I dont remember ever setting up 12mo contract.

Hi,
In September i moved my landline and Broadband from Eircom to Vodafhone. I then got the following bills from Eircom.

Residential line early cease charge €161.82 exc vat.
Broadband early cease charge €256.19 exc vat.

I contacted Eircom and I was told this was a standard charge as I has entered a new contract three months earlier. I don't recall agreeing to this, but Eircom have informed me they have a recording of this conversation and I have write to "Data Protection" for a copy of the recording.

I have received letter from there solicitor threatening a judgement against me.

I was not advised when I closed the account with Eircom that these fee would apply.

My question : Is there any way i get out of this or am I caught by the small print?

I was with Eircom for several years.

Any advise appricated.
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  #2  
Old 08-11-2012, 03:30 PM
Leo Leo is offline
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Did you in any way change your service from Eircom three months ago? Request a copy of the call recording as instructed and review what was said.
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  #3  
Old 08-11-2012, 04:01 PM
pat2468 pat2468 is offline
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I requested this and they told me to write to "Data Protection" D8 and quote an ID no. Is it not up to them to provide a copy of this conversation to me?
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  #4  
Old 08-11-2012, 05:59 PM
Time Time is offline
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They would have to prove their case if they ever set foot in a court room. Until then they can keep hold of it.

If you want the call you should write to them for it.
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  #5  
Old 08-11-2012, 06:30 PM
Leo Leo is offline
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I presume Data Protection D8 is their own internal unit for processing requests under the Data Protection act. Write to them requesting a copy of the conversation and any other details they have relating to your contract and renewal thereof.

EDIT - just looked it up, it is:
Data Protection Officer,
Eircom
1 Heuston South Quarter,
St. John’s Road,
Dublin 8.
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  #6  
Old 08-11-2012, 06:49 PM
Time Time is offline
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Also there is a statutory fee of €6.
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  #7  
Old 09-11-2012, 09:22 AM
djsim djsim is offline
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You weren't contacted by Eircom offering a cheaper monthly price? I was, they offered me a €7 reduction, I asked any catches, they said no, "only" would have to enter another 12 year contract. Didn't take em up on that.
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  #8  
Old 09-11-2012, 01:35 PM
greatbake
 
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hey Pat, if u changed your package with Eircom in the past 12-18 months, whether it was for cheaper calls or better broadband, you would have agreed to a new contract (it's the norm) but if you changed nothing they are probably chancing their arm.I moved back to them 12 months ago, under the illusion of a great offer (sorriest thing I did) but have now moved away again
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  #9  
Old 09-11-2012, 02:26 PM
ajapale ajapale is offline
 
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Quote:
Originally Posted by greatbake View Post
I moved back to them 12 months ago, under the illusion of a great offer (sorriest thing I did) but have now moved away again
Same here, Eircom will never get a second chance from me!
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  #10  
Old 09-11-2012, 04:02 PM
GarBow GarBow is offline
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Vodafone at home are at this also.

I'm just about to come out of a 12 month contract with them and got a phonecall the other week which opened with "just ringing you as you're nearing the end of your contract and we want to see what we can offer you"

The upshot was that they could not offer any better a deal, which I was fine with. They then asked if I was ok to carry on then? I stated "yes, no problem".

It then dawned on me then that they were asking me to agree over the phone to a new 12 month contract.

I managed to catch him before he put the phone down and said I'm happy to carry on month by month but not with a new 12 month contact.

He then got quite snotty and enquired why? was I not happy with the service? I'd stated nothing of the like. It was all a bit too underhand and not at all obvious that I was unwittingly nearly agreeing to another contract period.
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  #11  
Old 14-06-2013, 06:43 PM
ciaranmc10 ciaranmc10 is offline
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Pat, how did you fair out with this, I have similar problem
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  #12  
Old 19-10-2013, 06:45 PM
elmosong elmosong is offline
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Resurrecting this thread as the exact thing happened to my mom a pensioner who is of the belief that a contract is something you had to sign.

Anyway she got a disconnection bill and a suggestion that she can get the transcript too. They called at 6.15pm they told her when she rang to query the bill and she just wanted them to get off the line as it's tea time really. I paid the bill as she was really upset but I really think it's sharp practice.

So did anyone else here get a refund of a satisfactory ending?

Thanks
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  #13  
Old 30-10-2013, 05:33 PM
berginhart berginhart is offline
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I am currently in a battle of wills with Vodafone over the same issue.

I had been with Vodafone and Smart Telecom and BT before. Years of service.

Then UPC allowed the bundling of calls and broadband and in July 2012 I opted for the faster broadband on offer. I figured that since I had been a loyal customer for many years I would be able to switch with no penalties. Wrong! Vodafone slapped me with a €300 termination fee claiming that I had signed a new contract in February 2012. I checked emails and physical records and could find no record. I then contacted Vodafone and asked for proof and was told that I had agreed over the phone.

My request for a recording eventually came through. Vodafone had cold called me in February and said that they were reviewing my package, the "gentleman" then adjusted my broadband allowance down and then said this was for 12 months. This call - is the basis of Vodafone's termination fee. Under handed and sneaky.

The upshot is that Vodafone passed on the debt to a debt collection agency (cmos.ie) and every time they rang I kept firm insisting that I felt this termination fee was not justified eventually things went quiet until yesterday when I got one of those "bully boy" letters from Intrum Justitia. Threatening Stubbs Gazette and visitors to the house. It seems cmos gave up!

The battle continues. I have contacted Comreg and Consumer Help for advice. I am convinced that Vodafone are in breach of the spirit if not the letter of direct marketing legislation.

Has anyone managed to get one of these disputes overturned without having to pay through the nose for sneaky underhanded tactics?


Thanks
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  #14  
Old 30-10-2013, 07:39 PM
CiaranT CiaranT is offline
 
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Awful treatment of customers by Vodafone and Eircom. I have read similar horror stories on Boards.ie.

Fair play to you all for fighting Vodafone / Eircom.

If you are going into a contract, you need to be clearly told that you are going into a contract.

Quote:
Originally Posted by berginhart View Post
Vodafone had cold called me in February and said that they were reviewing my package, the "gentleman" then adjusted my broadband allowance down and then said this was for 12 months.
Did he say there was a 12 month "contract"? or that he was just "adjusting your allowance" for 12 months? If you were not told clearly that it was a contract then Vodafone do not have a leg to stand on.
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  #15  
Old 31-10-2013, 01:50 PM
Leo Leo is offline
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Quote:
Originally Posted by CiaranT View Post
Did he say there was a 12 month "contract"? or that he was just "adjusting your allowance" for 12 months? If you were not told clearly that it was a contract then Vodafone do not have a leg to stand on.
Vodafone have tried that with me twice as well. They ring up asking if I'm interested in any bundle offers, go through the details, I say no. Then they say 'so you're happy to continue on your current package'.

There's no suggestion that a contract extention is what they're after, but when I reply, yes, but I'm not interested in agreeing a new contract, they get a little upset!
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  #16  
Old 31-10-2013, 05:26 PM
berginhart berginhart is offline
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The first statement that the Vodafone caller used was:
Vodafone: "Now just to recap there over everything, as I mentioned at the start of the conversation, my name is Mark, and I will just be verifying this order for you basically today. It's just coming to one o'clock and it's the 8th of February, 2012. So as I mentioned earlier as well, I was just asking permission to record the conversation just to serve as a record of your decision to stay with Vodafone for a further 12 months. So, we've discussed your package and we've agreed it's of benefit for me to put you on our Talk anytime and Value Broadband for €44 and that's VAT included. So not don't need to worry about any VAT there"

The next statement is more difficult for me.
Vodafone: So you understand that there no written signatures required to proceed with the wee order? Just for the record again, now there. Can you just confirm your full name and address please

I provided my full name and address as requested.
Vodafone: Good man, and you know you understand there as well that it's just a wee 12 month agreement with Vodafone. So if you wish you change of your services with Vodafone within the contract period, alteration charges apply. And if you wish to cancel any of the services with Vodafone within the contract period and early termination of contract charge will apply. Basically just by agreeing by the wee terms there you are representing that you have the authority to act on behalf of the house hold.

I replied "I do" meaning I do have authority to act on behalf of the household.


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  #17  
Old 31-10-2013, 05:49 PM
Guns N Roses Guns N Roses is offline
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Quote:
Originally Posted by berginhart View Post
The first statement that the Vodafone caller used was: "Now just to recap there over everything, as I mentioned at the start of the conversation, my name is Mark, and I will just be verifying this order for you basically today. It's just coming to one o'clock and it's the 8th of February, 2012. So as I mentioned earlier as well, I was just asking permission to record the conversation just to serve as a record of your decision to stay with Vodafone for a further 12 months. So, we've discussed your package and we've agreed it's of benefit for me to put you on our Talk anytime and Value Broadband for 44 and that's VAT included. So not don't need to worry about any VAT there"

The next statement is more difficult for me.
Vodafone: So you understand that there no written signatures required to proceed with the wee order? Just for the record again, now there. Can you just confirm your full name and address please
I provided my full name and address as requested.
Vodafone: Good man, and you know you understand there as well that it's just a wee 12 month agreement with Vodafone. So if you wish you change of your services with Vodafone within the contract period, alteration charges apply. And if you wish to cancel any of the services with Vodafone within the contract period and early termination of contract charge will apply. Basically just by agreeing by the wee terms there you are representing that you have the authority to act on behalf of the house hold.

I replied "I do" meaning I do have authority to act on behalf of the household.
Looks like you have no case for complaint. It is perfectly clear from this conversation transcript that you voluntary entered into another contract with Vodafone and you were informed that there would be additional charges if you terminated the contract early.
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  #18  
Old 31-10-2013, 05:59 PM
ajapale ajapale is offline
 
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Quote:
Originally Posted by Leo View Post

Then they say 'so you're happy to continue on your current package'.

... but when I reply, yes, but I'm not interested in agreeing a new contract, they get a little upset!
I like that response!

Thanks for the transcript Berginhart! Were all those non words and folksy phrases actually used (ie wee contract, no need to worry about vat there, basically, wee order etc)?

Note the last sentence of each paragraph contains a phrase that no one would have an issue with.
1)Don't need to worry about any VAT there.
2)
Can you just confirm your full name and address please.
3)
You have the authority to act on behalf of the house hold.

By agreeing to these statements you are agreeing all the earlier statements in the paragraph.
1)we've agreed it's of benefit for me to put you on our Talk anytime and Value Broadband
2)there are no written signatures required to proceed with the "wee" order
3)early termination of contract charge will apply.

This clearly is a well planned, sophisticated and thoughtout policy by the provider.

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  #19  
Old 31-10-2013, 06:51 PM
beer beer is offline
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Hi, I had the same issue re recording, although mine wasn't to do with breaking the contract, mine was to do with an offer they gave over the phone but my bills kept staying the same not cheaper as they had agreed.

To cut a long story short I rang them up except this time i reversed the roles and wanted to hear the offer they gave me but couldn't find it anywhere so I told them I could breakout of my contract with no penalties as the new offer over the phone didn't exist according to them..
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  #20  
Old 10-11-2013, 07:59 PM
hopalong hopalong is offline
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I have phoned Eircom to cancel my renewal, I have sent a letter 30 days notice and sent an email of same.

They are now saying they have no record of the call and that a call must be made prior to the letter or email.

What is going on?
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