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

jbwan · 27-07-2010 3:57pm

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.

+1 to that - that's the nail on the head alright.

They've already tried to pull the same stunt with Android handset owners who are suffering from the SIM lock-out issue. Releasing customers "without penalty" as long as they give the handset back. Not the customer's fault that the network has a problem, as would be the implied admission by allowing them out of the contract. Same goes here, not the customer's fault that the provider has changed the contract terms to incur a breach thereof the original.

thomasjad · 27-07-2010 4:01pm

Reading through my contract a few times and only thing from what I make of it is that the sim card and your phone number remains meteor's property but that the phone is yours until the minimum period is up, but they broke the contract

if they want the phone back anyway it should be there responsibility to come and collect it, if you cancelled sky they wouldn't make you deliver the dish and box back before they let you go

SteM · 27-07-2010 4:03pm

Covey wrote: »

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.

I'm the same but it would be e5 a month cheaper for me plus I'd get free meteor to meteor calls and texts.

cojomo2 · 27-07-2010 4:07pm

Just to point out, both Vodafone and 02 had the same thing recently, and none of their customers who opted out of contract had to give their handsets back...many of the were iPhones too...you can be sure 02/Voda would demand them back if they were legally in a position to do this.

Still say meteor are blagging it hoping to put customers off...I'm sure of it!

hobochris · 27-07-2010 4:12pm

Had my desire two months, think i'm gonna sit tight on this and see what happens over the next few days before I do anything.

Royale with Cheese · 27-07-2010 4:14pm

Definitely sounds like a blag to me. Will wait and see in the next couple of days what they story is though. I only want to be put onto the smart lite plan anyway.

hobochris · 27-07-2010 4:16pm

Royale with Cheese wrote: »

Definitely sounds like a blag to me. Will wait and see in the next couple of days what they story is though. I only want to be put onto the smart lite plan anyway.

Samesies..

Covey · 27-07-2010 4:25pm

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

OK. Then where is the contract for the phone?

Mimikyu · 27-07-2010 4:37pm

This post has been deleted.

radiospan · 27-07-2010 4:39pm

Covey wrote: »

OK. Then where is the contract for the phone?

If the contract is for the service, and not the phone (I got this line too), then I assume the phone part of the deal is simply that we pay 149 euro or whatever for the phone.

Covey · 27-07-2010 4:42pm

plazzTT wrote: »

If the contract is for the service, and not the phone (I got this line too), then I assume the phone part of the deal is simply that we pay 149 euro or whatever for the phone.

Therefore you own it same as anything else you buy in a sale etc.

. No question of giving it back if that is the case.

cojomo2 · 27-07-2010 4:46pm

Covey wrote: »

Therefore you own it same as anything else you buy in a sale etc. . No question of giving it back if that is the case.

The contract states that meteor own the handset until completion of the minimum term( 12 or 18 months). I don't see how this can apply if they change the terms of the contract and you fail to agree with them, in this case the contract becomes void, and the minum term is over. You did not break any terms of the contract so I fail to see how they can take the phone back.

Covey · 27-07-2010 4:55pm

cojomo2 wrote: »

The contract states that meteor own the handset until completion of the minimum term( 12 or 18 months). I don't see how this can apply if they change the terms of the contract and you fail to agree with them, in this case the contract becomes void, and the minum term is over. You did not break any terms of the contract so I fail to see how they can take the phone back.

There seems to be confusion here.

On one hand Meteor seem to say the phone is not part of the contract in which case it's yours, you paid for it.

On the other it seems it is part of the contract and as the contract is now cancelled the phone would appear to be theirs. Thats assuming they want it back and don't accept another arrangement, such as Bill Pay Lite.

hobochris · 27-07-2010 4:59pm

Covey wrote: »

There seems to be confusion here.

On one hand Meteor seem to say the phone is not part of the contract in which case it's yours, you paid for it.

On the other it seems it is part of the contract and as the contract is now cancelled the phone would appear to be theirs. Thats assuming they want it back and don't accept another arrangement, such as Bill Pay Lite.

The second part is also assuming they reimburse the initial cost of the handset.

Covey · 27-07-2010 5:00pm

hobochris wrote: »

The second part is also assuming they reimburse the initial cost of the handset.

I would say not, unless thats in the contract.

Damie · 27-07-2010 5:05pm

Captain Morgan wrote: »

This post has been deleted.

+1
Cancelled my DD after the second month, got stung for 600 for data charges but got it dropped in the end after a lot of giving out!
IMO everyone should cancel the DD and just pay via Post office or billpay.ie, in case there are excessive charges that you need to query, just cancel the DD thru your internet banking.

I still think they are chancing their arm trying to get the phone back, stick to your guns and keep quoting the EU law, its within your rights.

cojomo2 · 27-07-2010 5:07pm

Covey wrote: »

There seems to be confusion here.

On one hand Meteor seem to say the phone is not part of the contract in which case it's yours, you paid for it.

On the other it seems it is part of the contract and as the contract is now cancelled the phone would appear to be theirs. Thats assuming they want it back and don't accept another arrangement, such as Bill Pay Lite.

Cancelled/voided by them, not you..you signed a contract..they then alter the conditions...you fail to agree to these new conditions, so they cancel/void the contract( as in effect, it no longer exists once the new charges come in)...it's not like you have the option to proceed with the original contract you signed , so the phone should remain yours.

radiospan · 27-07-2010 5:12pm

cojomo2 wrote: »

it's not like you have the option to proceed with the original contract you signed

I asked them this, they said no, they won't be honouring the original contract.

They also told me they'd be getting phones back from people who've already gotten out of the contract. They're talking nonsense there I'd say.

Covey · 27-07-2010 5:22pm

cojomo2 wrote: »

Cancelled/voided by them, not you..you signed a contract..they then alter the conditions...you fail to agree to these new conditions, so they cancel/void the contract( as in effect, it no longer exists once the new charges come in)...it's not like you have the option to proceed with the original contract you signed , so the phone should remain yours.

They altered the conditions of the contract and you excercise your right to cancel the contract without penalty. fine no problem.

But by doing so you don't infer a transfer of property to yourself.

Take the situation where you enter a contract for "Rent to Buy" a house. You agree to pay rent for 20yrs and the house is yours thereafter. You find a way to cancel the contract without penalty after year one and excercise that. The house won't be yours!

NothingMan · 27-07-2010 5:24pm

Covey wrote: »

Take the situation where you enter a contract for "Rent to Buy" a house. You agree to pay rent for 20yrs and the house is yours thereafter. You find a way to cancel the contract without penalty after year one and excercise that. The house won't be yours!

So would that mean the €129 I paid for the Desire is only a rental charge for the 18 months? But it's not. I have a receipt for the purchase of the phone, not a rental so it's mine.

adrian522 · 27-07-2010 5:25pm

Yes but what if you'd paid for the house up front and were paying a monthly maintenance contract, could they take the house back without refunding you?

Covey · 27-07-2010 5:26pm

NothingMan wrote: »

So would that mean the €129 I paid for the Desire is only a rental charge for the 18 months? But it's not. I have a receipt for the purchase of the phone, not a rental so it's mine.

If it's in the contract that they own the phone for the period of the contract then yes ownership only passes after that time.

Covey · 27-07-2010 5:27pm

adrian522 wrote: »

Yes but what if you'd paid for the house up front and were paying a monthly maintenance contract, could they take the house back without refunding you?

Course not

adrian522 · 27-07-2010 5:30pm

Covey wrote: »

Course not

Exactly, you are not paying off the phone at as rate of €30 per month you are paying €30 per month for a service. You already paid for the phone.

If you signed up to meteor without purchasing a phone you would still be paying €30 per month for the service so your example of the house is irrelevant.

Covey · 27-07-2010 5:35pm

adrian522 wrote: »

Exactly, you are not paying off the phone at as rate of €30 per month you are paying €30 per month for a service. You already paid for the phone.

If you signed up to meteor without purchasing a phone you would still be paying €30 per month for the service so your example of the house is irrelevant.

The €30 per month is solely for a service, correct. But the contract is for this service for a specified period after which you own the phone. Prior to that you don't own it, if thats whats in your signed contract.

How they'd enforce it is a different matter/problem for them.

cojomo2 · 27-07-2010 5:36pm

Covey wrote: »

They altered the conditions of the contract and you excercise your right to cancel the contract without penalty. fine no problem.

But by doing so you don't infer a transfer of property to yourself.

Take the situation where you enter a contract for "Rent to Buy" a house. You agree to pay rent for 20yrs and the house is yours thereafter. You find a way to cancel the contract without penalty after year one and excercise that. The house won't be yours!

Don't think this is correct...if they change the terms of the contract I signed, and I don't agree to them , that is not ME cancelling the contract...the second they alter the contract it becomes void, so it's them that's cancelling it, however if you don't speak up and let it be know you don't agree with the new terms, you are in effect agreeing to them, and you are transferred to the new contract, with the new terms.

adrian522 · 27-07-2010 5:41pm

Covey wrote: »

The €30 per month is solely for a service, correct. But the contract is for this service for a specified period after which you own the phone. Prior to that you don't own it, if thats whats in your signed contract.

How they'd enforce it is a different matter/problem for them.

So what was the €180 for?

Wisesmurf · 27-07-2010 5:42pm

chillin_penguin wrote: »

Meteors official response taken from there website is in short.....yep you can leave no problem, but we want the phone back.

You are correct that in accordance with the EU Regulations, if you wish to remove yourself from your contract with Meteor as a result of this change that you are within your rights to do so. In accordance with the Ts & Cs, termination must be notified in writing prior to the date of implementation of the change, so you would need to cancel your contract in writing before the 22nd of August. Also in accordance with the T&C’s, if you are within the minimum period of your contract, Meteor is entitled to require the return of your handset. The change does not directly affect customers on Bill Pay Max, Bill Pay Surf or our Smart Plans, as they already have an inclusive allowance of Data within their plans.

However, as outlined above, we will be providing you with better value Mobile Internet pricing with this change, so you probably won’t want to leave because of this!

Hey Folks,

The above post seems to indicate that people on smart plans are not eligible to get out of their contract as the change does not affect them. Surely it does affect them as the change will affect them if they go over their limit.

Can anyone clarify?

I plan on trying to get out of my contract as soon as they've conceded that they cannot take back the phone

userod · 27-07-2010 5:45pm

I'm in a 2 month (of 12) old contract. I wouldn't mind taking advantage of this if it isn't too much hassle (i.e. I can get out of current contract, buy new bill pay phone with meteor on new contract, and continue on as normal with same number and all). In layman's terms is this possible without too much hassle?

I know it might be possible with a legal team, and my rights etc but I'm not interested in that...

adrian522 · 27-07-2010 5:45pm

Wisesmurf wrote: »

Hey Folks,

The above post seems to indicate that people on smart plans are not eligible to get out of their contract as the change does not affect them. Surely it does affect them as the change will affect them if they go over their limit.

Can anyone clarify?

I plan on trying to get out of my contract as soon as they've conceded that they cannot take back the phone

This is marketing speak and they are trying to throw a smokescreen. It 100% does affect you if you go over your allowance.

It is also a change to your contract.

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

Comments