Netsource Breach of Contract

The Brigadier

Well guys I have been cut off by Netsource.

I had enquired about upgrading my account to the Premier 1024/256 package, and running it through work. I sent a cheque with a covering letter by registered post to Netsource.

They claimed never to have received this. And so with my account unpaid they cut me off without so much as a phone call to ask where my payment was.

I was incensed by this, I have no intention of not paying for the bill outstanding, but get this.....

I gave them notice to terminate the account, they have told me that they will continue to suspend the service until I have paid the outstanding charge, they will also charge me for this until the 60day period is up!!!

Louise McKeon is not replying to my emails.... I think the whole thing stinks.. To top it all off, when I signed up, Eircom would not release my port to Netsource for 2 months, as a Goodwill gesture Louise promised me a couple of months free line rental, this she now has decided was to be at the end of 12 months..(Which was never said!)

I have been onto the ODCA and they have confirmed that by my service being suspended and my non-payment (for whatever means) that the contract is now void.....however I still have to pay the outstanding amount....(Which I have no probem with doing)

Do Netsource want to keep any of their customers?

Cuauhtemoc

I thought the idea of registered post was so you could prove you'd sent your cheque or whatever???

God save us from so many incompetent telcos.
They must've woken up one morning, looked at eircom and said "well if we can't beat 'em, join 'em."

DeVore

If he kept the stub he can. However the receipt of a cheque means little if they dont cash it. You could prove it was their problem... not that it will do you much good I bet.

DeV.

jwt

AFAIK if you can prove that they received the cheque at their registered address as per headed paper etc then you have made effort to pay.
If they don't or won't cash the cheque thats their problem. You have made the effort.

If you give me a cheque in payment and I leave it in my jeans while in the wash and destroy the cheque, you could be awkward and refuse to issue another cheque because what happens to the payment once I receive it is my problem not yours.

This works on the same principal as someone offering to pay a shopkeeper and the shopkeeper refusing payment for whatever reason. You are legally entitled to walk out of the shop with the goods if you can show that you attempted to pay.


Nice thing about registered letters is that once anybody in the firm signs for it, it is legally delivered to the company, even if the person signing is not related to accounts etc. e.g. receptionist, car park cigarette picker upper etc.

Regards


JWT

KinSlayer

Netsource by the sound of it are in Breech of contract law. I know that if you are accepting a contract and you post off your acceptance, be it in the form of writing or money, that as soon as you post the letter you have formed a contract even if the letter never reaches its destination. I cant remember the case that set this precedence. (Might still have the notes somewhere)

I doubt Netsource can argue that you are responsible to make sure that the money gets to them beyond posting and registering. It would leave people in a bad position if they had to go back to hand delivering cheques and getting a thrid party to witness the exchange.

You could try sending their billing department an email telling them to ask their lawyers if they have a leg to stand on. cc to some nice high up people in Netsource as well.

Wouldnt be good publicity to be seen to be breaking the law.

sceptre

Originally posted by KinSlayer
I know that if you are accepting a contract and you post off your acceptance, be it in the form of writing or money, that as soon as you post the letter you have formed a contract even if the letter never reaches its destination. I cant remember the case that set this precedence. (Might still have the notes somewhere)

Holy rusted metal, you legal types are all evil.

Incidentally, it's Adams v Lindsell (1818) in the UK, followed by Sanderson v Cunningham (1919) in Ireland. In Household Fire Insurance v Grant (UK, around 1880 I think) it was held that the offeror can stipulate that they need to receive the acceptance (as featured in the more recent case (1974) of Hollwell Securities v Hughes (UK)) so if Netsource managed to say "as soon as we receive your cheque" you'd have to prove that they did receive it. All of which is academic anyway unless they sent out a contract for James to sign - if he just sent in a cheque without talking to them at all he's making the offer, not acccepting it. 'Course, if he sent in a covering letter with the cheque to confirm a verbal contract agreed over the phone all the above does indeed apply. I think the postal rule is crap myself but then I'm a techie type these days so what do I know.

ciderandhavoc

You are legally entitled to walk out of the shop with the goods if you can show that you attempted to pay.

I most seriously doubt this is the case. The vendor can refuse to sell to you for various reasons. Basic law of contract surely?

Show me the law where it says this, seems unlikely.

sceptre

Originally posted by ciderandhavoc
I most seriously doubt this is the case. The vendor can refuse to sell to you for various reasons. Basic law of contract surely?

Yeah, they can refuse to sell to you for no reason at all.

See Minister for Industry and Commerce v Pim (Ireland, some time in the 60s) & the big daddy always-mention-it-inyour-exam Pharmaceutical Society v Boots (UK, 1955ish). The prospective buyer in a shop makes an offer that the cashier can accept or decline (and yes, there is protection built in for consumers who are fooled by lying displays (see the Pim case, various consumer statutes (including Sale of Goods & Supply of Services Act 1980) and the beginning of the Registration of Potato Growers and Potato Packers Act (no, I'm not kidding) 1984)) so walking out of a shop after "trying to pay" isn't allowed at all at all. The goods or services aren't yours until someone makes an offer and someone accepts it (which is why I mentioned all the tripe in the post above - it pains me to remember this stuff, I don't do it just to look good you know:))

A continuing discussion on this (the shop thing) in particular would be more of an issue for the Business/Economy/Finance board (nicely caught though, c&h)

The Brigadier

I have no problem sending them another cheque... But I will not pay for a 60 day notice period without service which is what they are prepared to do!!

De Rebel

Originally posted by James Melody
I had enquired about upgrading my account to the Premier 1024/256 package, and running it through work. I sent a cheque with a covering letter by registered post to Netsource.

They claimed never to have received this. And so with my account unpaid they cut me off without so much as a phone call to ask where my payment was.

You have them by the short and curleys............

Check delivery of your registered letter here You will need the tracking number from the receipt slip you got in the post office.

If that letter was delivered to netsource, you have them by the goolies. (The fact that they subsequently lost it is irrelevant).

We now have the basis of a substantial claim for loss to you. Loss due to inconvenience, wilful negligence, consequential loss, etc. etc. etc.

Send them a restrained stinker, copied to their Company Secretary at the Company's registered address, demanding reconnection within 7 days and compensation for the loss and inconvenience cause by their unwarranted action, or you will put all necessary measures in place to protect your interests.

The Brigadier

I really haven't the energy to pursue any more actions with Netsource. I have felt them to be the most underhand shower.

I have placed an order with IBB... I can sit and wait this out....


But I will be taking a personal crusade to dissuade anyone from sending any business there way...

KinSlayer

I really haven't the energy to pursue any more actions with Netsource.

such is how the companies get away with it.

De Rebel

Originally posted by James Melody
I really haven't the energy to pursue any more actions with Netsource. ............But I will be taking a personal crusade to dissuade anyone from sending any business there way...

That makes no sense. You have the energy to post here but not to pursue your own best interests and the common good. Thats so typical of this forum, whinge and bitch ad nauseaum, but never ever actually do something positive.....

chill

I have no association with Netsource and wil probably be moving from them soon because of their cost, but I simply do not believe they would cut people off without cause.
I have dealt with their customer service girls many many times and they bend over backwards to help me at every level as well as knowing what they are talking about.
They have even phoned me in the evening to update me on signal loss issues which eventually turned out to be an eircom exchange fault.

The Brigadier

Originally posted by De Rebel
That makes no sense. You have the energy to post here but not to pursue your own best interests and the common good. Thats so typical of this forum, whinge and bitch ad nauseaum, but never ever actually do something positive.....

Well unfortunatly in this craphole of a country with even the government screwing us at every opportunity it becomes quite exhausting.

I am still involved in issues with Eircom, which I have addressed with Comreg. I have been given the run around allready. I have spent a LOT of mine time allready. I raised an issue with Comreg over Eircom, they investgated it.

I was overcharged by eircom for something I did not order, they do not have a written order from me. Eircom turned around to Comreg and said I ordered it. Comreg said, "Sorry Eircom said you did, go away"

I am not a useless whiner, but the system over here is akin to a banana republic. They say the Irish are not fit to govern themselves, well, when you see us getting fleeced by the same ****s all the time, you just think well why don't i move to civilisation.

These companies screw us...Government agencies practically give them a pat on the back for it... What the hell do you suggest I do?

South America is corrupt and incompetant, at least it is up front about it!!!

The Brigadier

Originally posted by chill
I have no association with Netsource and wil probably be moving from them soon because of their cost, but I simply do not believe they would cut people off without cause.
I have dealt with their customer service girls many many times and they bend over backwards to help me at every level as well as knowing what they are talking about.
They have even phoned me in the evening to update me on signal loss issues which eventually turned out to be an eircom exchange fault.

Well the fact I was a heavy downloader (30 - 40gigs a month) might have something to do with it.

But I was on their unlimited SME package!!

Capt'n Midnight

You are legally entitled to walk out of the shop with the goods if you can show that you attempted to pay.

I think that you have that backwards - a shop can't refuse to accept payment made with Legal Tender - ie EUROS and Cents - other forms of payments like cheques CAN be refused.

I'm not sure of the leagal position wrt. to accepting other forms of payment if a shop advertises these can be used, but I'd say it would be treated as a curtsy rather than a right.

Anyway back on topic - if Netsource accept cheques and you can prove that they recieved the letter , then ask them one simple question - how am I supposed to pay by cheque ?

MadsL

James, the item you were overcharge for wouldn't be an eircom 4012 phone would it?