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Can a "Goodwill Gesture" be withdrawn?

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  • Closed Accounts Posts: 857 ✭✭✭Sofa_King Good


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

    Lost it. It was in my laptop bag for ages without a use. Now its not.
    Tried to give it back though.


  • Closed Accounts Posts: 20,919 ✭✭✭✭Gummy Panda


    did you try talk to the store manager about it?


  • Closed Accounts Posts: 857 ✭✭✭Sofa_King Good


    did you try talk to the store manager about it?

    First, I called customer care. They told me to go to the store directly in Henry St, which I did.

    They told me what happened could never have happened and I was bound to paying the remainder of the 12 months contract because I did not have the modem to return.

    I then proceeded to contact Comreg. They gave me a reference and told me to make a complaint in writing, which I did on Sep 24.

    A guy from complaints mailed me back soon after apologising and promised to return all money spent on the subscription. A different guy mailed me back a couple of days later, again apologising profusely and after "investigating" promised to return the modem price as a "goodwill gesture"

    about a month later I recieved the credit less the modem price. Didn't follow up on it until today.Hope that clears it up a little.


  • Registered Users Posts: 4,224 ✭✭✭Walkman


    Get back onto comreg see if they can help


  • Closed Accounts Posts: 439 ✭✭Emerald Lass


    how did you get on?

    given that your complaint was escalated and you got it in writing that you would be refunded €280+ , then I would pursue it. I'm not sure of the legalities, but I think they are supposed to write 'gesture of goodwill without prejudice' meaning that they are giving your money but not legally accepting responsibility - they are just giving you the money to be nice! lol but since he didn't mention 'without prejuduce' then technically he is admitting that they have to offer you money as they fu**ed up! when Iworked for a large telecoms co it was drummed into us to always remember that 'without prejudice bit', then if the customer accepts it they cannot come looking for more money.

    you have it in writing what they would give you - they cannot withdraw the gesture of goodwill. The only way they could do this would be if they told you that you had x no of days to accept, and you didn't.

    I would def chase the money.

    Also, given what a muppet the sales staff in the shop was, for all they know maybe you did give the modem back (!!???) - the muppet forgot to cancel the service, perhaps he forgot to acknowledge receipt of the modem?????? unless you already told them you kept the modem - say nothing, blame the muppet! lol


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