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Meteor; Change of billpay terms; get out of contract?

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    #152
    tallus
    Registered Users Posts: 6,324 ✭✭✭tallus


    tallus wrote: »
    On hold to cancellations now myself, seeing if I can wangle myself a free upgrade.

    Sweetness! I am 7 months into a 12 month contract, and I got a free upgrade.
    Bear in mind tho, I have to sign up for another 12 months but that's fine as I'm happy with Metor anyways.
    They did ask for the phone back, but that was related to another account I have with them which I wasn't trying to cancel.


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    #153
    kilsmum
    Registered Users Posts: 487 ✭✭kilsmum


    [QUOTE=NothingMan

    They seem to be getting their act together now so I'd say they'll be asking for phones back from here on in. Anyone cancelled in the last few hours that weren't asked to return their phones?[/QUOTE]

    I cancelled at 11.40am and they didn't ask me for my phone back but my contract was due to finish in November anyway - Kilsmum


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    #154
    jordainius
    Closed Accounts Posts: 1,654 ✭✭✭jordainius


    They can't look for the phone back. They gave you the phone at a subsidised price in exchange for signing a contract. The phone is part of the contract.

    As a result of them changing the terms, you are entitled to leave "without penalty". They are not entitled to the return of your phone.


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    #155
    Fresh Pots
    Closed Accounts Posts: 4,234 ✭✭✭Fresh Pots


    jordainius wrote: »
    They can't look for the phone back. They gave you the phone at a subsidised price in exchange for signing a contract. The phone is part of the contract.

    As a result of them changing the terms, you are entitled to leave "without penalty". They are not entitled to the return of your phone.

    They are saying they still own the phone till the end of the contract.


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    #156
    hobochris
    Registered Users Posts: 2,164 ✭✭✭hobochris


    squared wrote: »
    Just off the phone from the customer retention dept. They want my phone back. Thing is my hero broke so i bought a new one which cost €320. Theres no way I'm sending them that. The woman I spoke with put me on hold and asked a senior rep. but she said I would have to return the phone or buy a new one and send that in. while they're only doing their jobs could they not look at the big picture. I spent more on the new phone than would have to get out of the contract. :mad:

    Are they going to refund you the original amount you paid for the phone?


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    #157
    Fresh Pots
    Closed Accounts Posts: 4,234 ✭✭✭Fresh Pots


    Forgot to ask, there was no mention of it.


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    #158
    feadog
    Registered Users Posts: 14 ✭feadog


    I signed an 18 month contract with meteor 3 weeks ago and got a HTC Desire.

    I rang this morning and got out of my contract and was offered an upgrade.

    I've already gone to a Meteor store and got my upgrade and signed another 18 month contract.

    No mention of returning the phone at all...

    I think you just keep repeating to them on the phone that you want to exercise your right under EU Reg 17 to get out of your contract without penalty...

    Hope that helps someone...


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    #159
    jordainius
    Closed Accounts Posts: 1,654 ✭✭✭jordainius


    squared wrote: »
    They are saying they still own the phone till the end of the contract.

    Maybe, but considering that the contract is technically ending due to them changing the terms then they no longer own it.

    I'm e-mailing comreg about it!


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    #160
    Jax Teller
    Closed Accounts Posts: 8,763 ✭✭✭Jax Teller


    Does this count for everyone on meteor bill pay ?


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    #161
    tallus
    Registered Users Posts: 6,324 ✭✭✭tallus


    feadog wrote: »
    I signed an 18 month contract with meteor 3 weeks ago and got a HTC Desire.

    I rang this morning and got out of my contract and was offered an upgrade.

    I've already gone to a Meteor store and got my upgrade and signed another 18 month contract.

    No mention of returning the phone at all...

    I think you just keep repeating to them on the phone that you want to exercise your right under EU Reg 17 to get out of your contract without penalty...

    Hope that helps someone...

    As a matter of interest, how much did the upgrade cost ?


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    #162
    feadog
    Registered Users Posts: 14 ✭feadog


    tallus wrote: »
    As a matter of interest, how much did the upgrade cost ?

    Got the Legend for 49.99 - on Bill Pay Smart (30 per month)


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    #163
    cojomo2
    Registered Users Posts: 3,216 ✭✭✭cojomo2


    I was on to Meteor, they stated they want my phone back, and I would not get a refund for it.

    This is surely isn't legal:

    Imaging I buy a top of the range phone on contract with meteor, for 300 euro, and I sign a 12 month contract with it:

    a few weeks later, they change the terms of the contract, announcing that out of bundle minutes will now be 10 euro a min(extreme example). I , of course don't agree to these new term, so opt out, and then I have to give the phone back, and be down 300 euro?

    Obviously not,

    Can anyone get legal clarification on this?

    I agreed to give my phone back on the basis I would be refunded for it, but was told no, no refund.

    They stated that in the terms, it states that the handset is theirs untill the completion of the minimum term, I pointed out that I wasnt breaking any term of the contract, that it was them that were altering the terms, and that I didn't agree so was opting out.

    She just said, that it still applies.

    I don't think so, they are chancing their arm here..


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    #164
    thomasjad
    Registered Users Posts: 342 ✭✭thomasjad


    Doesn't sound right to me, tell them you're going to complain to comreg


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    #165
    cojomo2
    Registered Users Posts: 3,216 ✭✭✭cojomo2


    I rang Comreg, they just confirmed that I have the right to withdraw from contract, they said they couldn't comment on the handset, although, the NCA advised that I can refuse to return the handset and leave it up to Meteor to pursue me for it legally. I got the impression that she thought they wouldn't have a leg to stand on though.


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    #166
    manu2009
    Registered Users Posts: 470 ✭✭manu2009


    Just off the phone to them there, they said they've got legal advice and are now asking everyone to send back the handset as its the property of meteor until the end of the contract and send in a cancellation letter before the 22nd. :mad:


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    #167
    cojomo2
    Registered Users Posts: 3,216 ✭✭✭cojomo2


    manu2009 wrote: »
    Just off the phone to them there, they said they've got legal advice and are now asking everyone to send back the handset as its the property of meteor until the end of the contract and send in a cancellation letter before the 22nd. :mad:

    This is true, so if you decide to stop paying halfway through your contract, YOU are breaking the term, and so they can take the handset back.

    However, by Meteor changing the pricing, THEY are breaking the terms of the contract, and as such, if you don't agree, it is them who have made the contract void, and ended it. You can keep the phone as the contract is now finished, and you did not break any terms of it.


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    #168
    SteM
    Registered Users Posts: 6,738 ✭✭✭SteM


    cojomo2 wrote: »
    This is true, so if you decide to stop paying halfway through your contract, YOU are breaking the term, and so they can take the handset back.

    However, by Meteor changing the pricing, THEY are breaking the terms of the contract, and as such, if you don't agree, it is them who have made the contract void, and ended it. You can keep the phone as the contract is now finished, and you did not break any terms of it.

    With all due respect - do you know this for sure? Or are you just saying it because it's what you believe?

    If meteor are saying they've taken legal advice then either they're lying and they haven't or their lawyers are incorrect and you are correct. Are you a lawyer?


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    #169
    manu2009
    Registered Users Posts: 470 ✭✭manu2009


    Rang back again and the same story, told them what cojomo2 just said and they said the contract i signed was for the service not the phone and she kept saying that they'd got legal advice and they are definitely entitled to the phone back.


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    #170
    cojomo2
    Registered Users Posts: 3,216 ✭✭✭cojomo2


    SteM wrote: »
    With all due respect - do you know this for sure? Or are you just saying it because it's what you believe?

    If meteor are saying they've taken legal advice then either they're lying and they haven't or their lawyers are incorrect and you are correct. Are you a lawyer?


    Sorry, no not a lawyer, but when on to the NCA I put this to them, they put me on hold, came back and said what I have said seems to be correct. They advised that I should not return the phone and let Meteor pursue me if they wish.


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    #171
    cojomo2
    Registered Users Posts: 3,216 ✭✭✭cojomo2


    manu2009 wrote: »
    Rang back again and the same story, told them what cojomo2 just said and they said the contract i signed was for the service not the phone and she kept saying that they'd got legal advice and they are definitely entitled to the phone back.

    Yes, if they refund you what you paid for it.


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    #172
    Covey
    Closed Accounts Posts: 2,368 ✭✭✭Covey


    manu2009 wrote: »
    Rang back again and the same story, told them what cojomo2 just said and they said the contract i signed was for the service not the phone and she kept saying that they'd got legal advice and they are definitely entitled to the phone back.

    Just to get this straight.

    You ring to cancel the contract, which isn't a problem, as they have to do it and will.

    You now want to go to say Bill Pay Lite or whatever and stay with Meteor, which is to their advantage as well.

    They take your phone back, therefore the above is not possible.

    Seems kinda mad?


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    #173
    SteM
    Registered Users Posts: 6,738 ✭✭✭SteM


    cojomo2 wrote: »
    Sorry, no not a lawyer, but when on to the NCA I put this to them, they put me on hold, came back and said what I have said seems to be correct. They advised that I should not return the phone and let Meteor pursue me if they wish.

    I hope I'm wrong but i'd imagine meteor's lawyers know their own t&c's better than the nca do.

    Whether meteor bother to come after people who don't return the phone is another matter.


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    #174
    kilsmum
    Registered Users Posts: 487 ✭✭kilsmum


    What in the name of god are Meteor going to do with all the second hand phones??

    They must be getting a huge volume of calls from people getting out of contract.

    Kilsmum


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    #175
    Covey
    Closed Accounts Posts: 2,368 ✭✭✭Covey


    SteM wrote: »

    Whether meteor bother to come after people who don't return the phone is another matter.

    I'd imagine a second hand phone is worth damn all to Meteor. A customer (on whatever plan) is.


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    #176
    Fresh Pots
    Closed Accounts Posts: 4,234 ✭✭✭Fresh Pots


    Has anyone got the contract that they signed when signing up? I can't seem to find mine right now. What exactly does it say in regards them owning the phone or us leaving due to changes in contract?


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    #177
    jbwan
    Registered Users Posts: 41 ✭jbwan


    SteM wrote: »
    I hope I'm wrong but i'd imagine meteor's lawyers know their own t&c's better than the nca do.

    Whether meteor bother to come after people who don't return the phone is another matter.


    I'd believe that statement from CC when I saw it on a letterhead from their legal counsel. Otherwise, pinch of salt...


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    #178
    radiospan
    Registered Users Posts: 3,330 ✭✭✭radiospan


    Got the same story off them. They were insisting that the handset has to be returned.

    I told them I want withdraw from the contract anyway, and they said they wouldn't cancel it, only after I return the phone to a store.

    Rang NCA, they said their legal team aren't in, but they'd ask them tomorrow and call back. I asked them if the part in the contract about Meteor owning the handset still applies, considering Meteor changed the contract terms and the contract would finish. I also asked them if Meteor have the right deny us our right to withdraw from the contract until the handset is returned.

    (Also both Meteor and NCA told me that the "without penalty" part means that no termination fees have to be paid.)


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    #179
    SteM
    Registered Users Posts: 6,738 ✭✭✭SteM


    Covey wrote: »
    I'd imagine a second hand phone is worth damn all to Meteor. A customer (on whatever plan) is.

    It's not about them having the phones - it's about them making it as awkward as possible for people to consider leaving until they're out of contract. It's also about stopping people from being able to get another heavily subsidized phone from them which some people will definitely do.


    I got a desire from them 6 weeks ago. if i could just call and cancel without any issues I probably would. They've made this a bit more difficult for me (and others like me) which is what they want.


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    #180
    Covey
    Closed Accounts Posts: 2,368 ✭✭✭Covey


    SteM wrote: »
    It's not about them having the phones - it's about them making it as awkward as possible for people to consider leaving until they're out of contract. It's also about stopping people from being able to get another heavily subsidized phone from them which some people will definitely do.


    I got a desire from them 6 weeks ago. if i could just call and cancel without any issues I probably would. They've made this a bit more difficult for me (and others like me) which is what they want.

    Well I don't have any issues with Meteor per se, but would like to get out of my contract, not least because were it vis versa they'd exercise the option.

    So I'll offer to go Smart Plan Lite (same cost as now) and see how it goes.


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    #181
    cojomo2
    Registered Users Posts: 3,216 ✭✭✭cojomo2


    plazzTT wrote: »
    Got the same story off them. They were insisting that the handset has to be returned.

    I told them I want withdraw from the contract anyway, and they said they wouldn't cancel it, only after I return the phone to a store.

    Rang NCA, they said their legal team aren't in, but they'd ask them tomorrow and call back. I asked them if the part in the contract about Meteor owning the handset still applies, considering Meteor changed the contract terms and the contract would finish. I also asked them if Meteor have the right deny us our right to withdraw from the contract until the handset is returned.

    (Also both Meteor and NCA told me that the "without penalty" part means that no termination fees have to be paid.)


    Again, I'm pretty sure they cannot do this, I asked NCA about this scenario, they advised me to keep the phone if I wish, and to send a registered letter to Meteor clearly outlining that I do not agree to their new term and wish to be removed from my contract. At this point, meteor can pursue me for the phone if they wish, though on what grounds, I don't know..!none I imagine.


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