How to contest internet cancellation fee because of a moving?

sabria

Hi All,

I moved to a new house in June. I called my internet provider at the time, smart telecom, to tell them I was moving and wanted them to transfer my internet to my new address.

They couldn't provide me with an internet connection at my new address. I therefore had to pay a cancellation fee of about 150 euros for that. I argued with them 5 times on the phone that I shouldn't pay as they are the one not able to provide me the service. Obviously, they took the money but I'd like to know if I can contest it and get my money back?

I would have been pleased to keep going with them. The fact that they can't provide me the service is out of my hand.

Has anyone went through the same? Did you manage to contest it? How can I contest it?

Thanks for your help.
Sabria

campo

I think this is a common mistake made by people who have a service provider and move and if the service provider cannot provide the service in the new address people believe the contract is null in void, which in fact it is not as when you signed up for smart they installed in your address there was no terms that stated oh if I move from this address and ye cant give me the service there will be no fee, if this was the case anyone that wanted to get out of contract would simply have to say they are moving to a non servicable area.

dudara

The contract you signed was probably for your old address. Do the terms and conditions mention anything about moving/cancellation?

aidan_walsh

They can't offer service in your new location, so therefore you need to close the account. Personally, I don't see whats not clear about that.

GerardKeating

sabria wrote: »

I would have been pleased to keep going with them. The fact that they can't provide me the service is out of my hand.

And the fact that you moved house is out of their control.

You sign for a contract for them to provide a service to your old house for 12 months, unless they promised you a service at the new house before you decided to move, you have no real come back...

Kensington

While it's not your fault smart don't provide service in your area, it's not smart's fault that you are moving house.

You signed a contract, with a minimum term of 12 months, for them to provide service at your current (soon to be old) address. Since you're moving out, you are essentially breaking out of the contract for smart to provide service at that address.

While it mightn't seem fair you will be penalised for having to cancel early, even though you wished to continue service at your new address, smart have got themselves covered on this one...

MOH

When I originally signed up with Smart in my rented apartment, I was house hunting so I asked them beforehand would I be able to move my account with no penalty - the T+Cs were ambiguous. Got an e-mail back saying I would, as long as the new address was covered by Smart.

Moved 4 months later, they tried to hit me for a penalty fee. Had a bit of an argument with them, eventually dug out the original e-mail promising no penalty, and they backed down. If I hadn't had the e-mail, not sure what would have happened.

I'm pretty sure I checked the T+Cs since and they had been changed to state that even if you moved house and get Smart at your new address you are still liable for the penalty fee.

Cabaal

You agreed to a contract for a specific location and service, you moved and as such broke it early and are now liable for any associated fee's.

Its black and white, smart are doing everything 100% by the book and you must pay the fee.

Each new connection is subject to survey and availability and as your not covered at new address it doesn't matter as it would have been a new contract anyway.