Can a "Goodwill Gesture" be withdrawn?

Sofa_King Good · 12-11-2008 3:09pm #1

I wonder if someone can help? ...I had mobile Broadband with a mobile phone company, it never worked, so I returned it and cancelled my a/c within the 30 day trial period. End of, as far as I was concerned. But the company never cancelled the direct debit as they promised and for about 8 months i was was unawarily paying for a non-existent service. They agreed to credit me the amount, E182 and as a "goodwill gesture" agreed to refund the price of the modem E100, I have it in writing from their customer care dept. Anway, 2 weeks later the E182 was paid...I contacted them just now and apparently the goodwill offer no longer stands. I would've have been fine with just getting my money back, but are they legally bound to honour their promise. (sorry I don't know how to do paragraphs in this)

Sam Vimes · 12-11-2008 4:10pm

edit:seems i misunderstood the OP

tbh · 12-11-2008 4:15pm

Sam Vimes wrote: »

so the issue here is not whether a goodwill gesture can be withdrawn, it's whether they're allowed to take money from your account without your authorisation for 8 months and then refuse to return it

I think the money has been repaid, the money which they refused to give him was the price of the modem, which they offered to repay as a goodwill gesture.

Sofa_King Good · 12-11-2008 4:20pm

Thanks for the response, but I should have made it more clear.They agreed to refund the money, and of their own accord refund the money spent on the modem (E100).In their own words: "Firstly, please accept my sincere apologies for the inconvenience that you have incurred with regard to this issue. I have now contacted our finance team to arrange a refund to your bank account for €283.97. This also includes the cost of the modem purchased as a goodwill gesture. " I should add, they told me the modem was non-refundable in the store, which was incorrect. SO at the time I grudgingly took the hit on it.Also not 3.CAn I say who it was here?

Berty · 12-11-2008 4:20pm

If they offered in writing to refund the price of the modem also then you must pursue this. €100 is €100 and the promised legally to give it to you.

Sam Vimes · 12-11-2008 4:22pm

tbh wrote: »

I think the money has been repaid, the money which they refused to give him was the price of the modem, which they offered to repay as a goodwill gesture.

ah i see. i misunderstood that part. what's confusing me is that generally when you return a modem you get the cost of the modem refunded immediately into your hand. why didn't you get the price of the modem back 8 months ago OP?

Sofa_King Good · 12-11-2008 4:24pm

Sam Vimes wrote: »

ah i see. i misunderstood that part. what's confusing me is that generally when you return a modem you get the cost of the modem refunded immediately into your hand. why didn't you get the price of the modem back 8 months ago OP?

Because I was informed by the sales assistant when I was taking it back that that was the risk I took. Put it down to experience. To complicate matters further, I can't just take it back because I lost it ages ago. Had no need for it.

Sofa_King Good · 12-11-2008 4:26pm

quirke_folder wrote: »

If they offered in writing to refund the price of the modem also then you must pursue this. €100 is €100 and the promised legally to give it to you.

Can I hold the company accountable for the promise of one person?

Sam Vimes · 12-11-2008 4:30pm

Sofa_King Good wrote: »

Because I was informed by the sales assistant when I was taking it back that that was the risk I took. Put it down to experience. To complicate matters further, I can't just take it back because I lost it ages ago. Had no need for it.

:eek::eek::eek::eek::eek::eek::eek:

let me be sure of what you're saying here:

1. you bought a broadband modem
2. it didn't work
3. you went in to cancel it
4. the sales assistant told you that he would cancel it but would not refund the price of the modem

is that correct? then there is no goodwill gesture here. take it from someone who sold these modems for a year, if you return it you're entitled to your money back. the sales assistant you were dealing with was an either an idiot or a thief

did you have the modem in store with you when you went to cancel the service?

Sam Vimes · 12-11-2008 4:34pm

Sofa_King Good wrote: »

Can I hold the company accountable for the promise of one person?

not really no but the goodwill gesture is not the issue here. not only were you charged wrongly for 8 months, you were incorrectly told that you weren't entitled to your money back for the modem. the company has made two mistakes which have left you out of pocket. the "goodwill" here is the goodwill you have shown by not yet taking them to court

would i be right in saying it's a 3 modem? this has 3 writen all over it

LolaDub · 12-11-2008 4:48pm

I think as you have the 'goodwill gesture in writing then they are obliged to give it to you. Any reason given for cancelling the goodwill gusture without notifying you? I would give the nca a buzz to check this out

Sofa_King Good · 12-11-2008 4:58pm

Sam Vimes wrote: »

:eek::eek::eek::eek::eek::eek::eek:

let me be sure of what you're saying here:

1. you bought a broadband modem
2. it didn't work
3. you went in to cancel it
4. the sales assistant told you that he would cancel it but would not refund the price of the modem

is that correct? then there is no goodwill gesture here. take it from someone who sold these modems for a year, if you return it you're entitled to your money back. the sales assistant you were dealing with was an either an idiot or a thief

did you have the modem in store with you when you went to cancel the service?

Yeah all correct. Except maybe 2. Technically the modem did work; just that there was no real coverage where I was. There was a 30 day no quibble "trial period" though....Yeah I brought everything back, had no use for it. The guy was even telling me If i wanted to use it on a different mobile network that it would work on them too...

jor el · 12-11-2008 4:58pm

Sam Vimes wrote: »

if you return it you're entitled to your money back.

He didn't return the modem though, which might be why they kept charging, and now he hasn't got it any more. I'd say, it's not so clear whether you are entitled to the money or not. You have it in writing, so they should be held to it, but it is a good will gesture, not as if they actually owe you anything. If had the modem still, that would be different, but since you don't, there's nothing to barter with.

It's O2 isn't it? They were the only ones doing a 30 day trial, and it should have been clear from your documentation that the modem price would be refunded at the end of the 30 days if you weren't happy, no matter what some idiot told you. You really should have pressed them on it at the time. It might be too late now.

Sofa_King Good · 12-11-2008 5:04pm

LolaDub wrote: »

I think as you have the 'goodwill gesture in writing then they are obliged to give it to you. Any reason given for cancelling the goodwill gusture without notifying you? I would give the nca a buzz to check this out

Nope. The E180 went into my account maybe a month ago. Called today to see if the other money was going to come through.

Walkman · 12-11-2008 5:06pm

Sam Vimes wrote: »

would i be right in saying it's a 3 modem? this has 3 writen all over it

Now now sam dont be jumping the gun. The OP has already stated it was not 3 in a post above. Also 3 do not have a 30 day "happiness" money back offer (they are only 14 days as I am sure you are aware)

Sam Vimes · 12-11-2008 5:07pm

Sofa_King Good wrote: »

The guy was even telling me If i wanted to use it on a different mobile network that it would work on them too...

no, it wouldn't. at this point i think it's safe to say that guy was retarded

jor el wrote: »

He didn't return the modem though, which might be why they kept charging, and now he hasn't got it any more. I'd say, it's not so clear whether you are entitled to the money or not.

but the reason he didn't return the modem was that the sales assistant told him he couldn't

Sofa_King Good · 12-11-2008 5:12pm

something else I just remembered...The reason I couldn't return it was that the regular price of the modem was E150 or something like that, more expensive anyway and the only reason it cost the initial E100 was that it was reduced as part of the package.

Sam Vimes · 12-11-2008 5:13pm

Walkman wrote: »

Now now sam dont be jumping the gun. The OP has already stated it was not 3 in a post above. Also 3 do not have a 30 day "happiness" money back offer (they are only 14 days as I am sure you are aware)

alright alright i'll let them away with this one

i am aware that it's 14 days with 3. i was assuming the OP was mistaken about the length.

op, your chances of getting your money back are much higher than i thought.

and yes you can mention the company

Sofa_King Good · 12-11-2008 5:15pm

Sam Vimes wrote: »

alright alright i'll let them away with this one

i am aware that it's 14 days with 3. i was assuming the OP was mistaken about the length.

op, your chances of getting your money back are much higher than i thought.

and yes you can mention the company

Thats good to know, the overdrafts taking a hammering at the moment, but to be honest its more about principle.
02 by the way.

Sam Vimes · 12-11-2008 5:18pm

Sofa_King Good wrote: »

something else I just remembered...The reason I couldn't return it was that the regular price of the modem was E150 or something like that, more expensive anyway and the only reason it cost the initial E100 was that it was reduced as part of the package.

i'm not sure what you mean here. the regular price of the modem doesn't really matter. when returning it during the trial period you get the money you paid back, simple as that.

and i thought you could only buy the modem and contract as a package. or what package do you mean?

Sam Vimes · 12-11-2008 5:19pm

Sofa_King Good wrote: »

02 by the way.

was it an o2 employee that told you that pile of crap or was it a third party retailer?

Gummy Panda · 12-11-2008 5:19pm

Sofa_King Good wrote: »

Yeah all correct. Except maybe 2. Technically the modem did work; just that there was no real coverage where I was. There was a 30 day no quibble "trial period" though....Yeah I brought everything back, had no use for it. The guy was even telling me If i wanted to use it on a different mobile network that it would work on them too...

Was the modem damaged or missing wires from the packaging?

Thats the only way i can think of a network refusing to take back the modem but cancell the contract. Tbh, even then they'd lose the subsidey of the modem.

Sofa_King Good · 12-11-2008 5:23pm

Sam Vimes wrote: »

i'm not sure what you mean here. the regular price of the modem doesn't really matter. when returning it during the trial period you get the money you paid back, simple as that.

and i thought you could only buy the modem and contract as a package. or what package do you mean?

My bad. according to him: regular price of Modem E150
Price I paid as i was signing up to an 02 contract E100
The reason he gave for not reimbursing me was that differential. Made no sense to me either, but I was late back for work already by the time I got the counter.
"and i thought you could only buy the modem and contract as a package".
Again sorry. Thats what I meant.

Sam Vimes · 12-11-2008 5:26pm

Sofa_King Good wrote: »

My bad. according to him: regular price of Modem E150
Price I paid as i was signing up to an 02 contract E100
The reason he gave for not reimbursing me was that differential. Made no sense to me either, but I was late back for work already by the time I got the counter.
"and i thought you could only buy the modem and contract as a package".
Again sorry. Thats what I meant.

right so that's cleared up. he's a retard

Sofa_King Good · 12-11-2008 5:28pm

Just to reitierate ( if thats a word?) they didn't even cancel the contract when I went in, even though they completely guaranteed me they did. I just went along with everything they told me to do. But they kept charging me, it came to light. They apologised, and promised to give me my money back. Happy Ending. Even better, they promised to give me back the modem money that I never asked for. They never did. And now have reneged for some unexplained reason.
Thanks for all your responses by the way.

Sofa_King Good · 12-11-2008 5:30pm

Gummy Panda wrote: »

Was the modem damaged or missing wires from the packaging?

Thats the only way i can think of a network refusing to take back the modem but cancell the contract. Tbh, even then they'd lose the subsidey of the modem.

No the modem was fine. I was only ever going to use it at home, very weak signal. only tried it the once.

Walkman · 12-11-2008 5:30pm

Sam Vimes wrote: »

right so that's cleared up. he's a retard

LOL +1 to that, best bet is to try their CC dept first (and remain calm and polite as this will make the person on the other end of the phone to help you more)

foggy_lad · 12-11-2008 5:34pm

you should contact o2 through their forum pages and see if this matter can be resolved as they refused to accept the modem back from you causing you to lose it then to compound matters failed to cancel your contract then promised to refund the full amount but now have left you €100 short! did you buy in an o2 store or some other like carphone warehouse?

Sofa_King Good · 12-11-2008 5:34pm

Walkman wrote: »

LOL +1 to that, best bet is to try their CC dept first (and remain calm and polite as this will make the person on the other end of the phone to help you more)

CC = Customer Care?If so, its customer care who, after I made a complaint and mentioned Comreg offered the "goodwill gesture".

Sofa_King Good · 12-11-2008 5:36pm

foggy_lad wrote: »

you should contact o2 through their forum pages and see if this matter can be resolved as they refused to accept the modem back from you causing you to lose it then to compound matters failed to cancel your contract then promised to refund the full amount but now have left you €100 short! did you buy in an o2 store or some other like carphone warehouse?

02 store

Mr. Presentable · 12-11-2008 5:38pm

I'm confused. Did you give back the modem, or have you lost it?

Can a "Goodwill Gesture" be withdrawn?

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