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Recovering money

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  • 08-11-2010 3:01pm
    #1
    Shannonsider
    Registered Users Posts: 301 ✭✭


    I have paid for a broadband service that was not provided as it should be. The company in question have billed me for monthly charges, and early termination fee. I feel I should not have to pay these as the service was not provided.

    Furthermore, I want to try and recover what I had paid them in the meantime since renewal.

    Anyone know where to go? I've mentioned to the company that I want to be reimbursed but my claims have fallen on deaf ears.

    Now I'm getting solicitors letters saying that they will start legal proceedings if I don't pay up.

    Is there some independent mediator or service that I can avail of to recover what I paid and get this company off my back?


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    #2
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Shannonsider wrote: »
    I feel I should not have to pay these as the service was not provided.

    Unfortunately for you, what you feel is irrelevant, what you can prove is all that matters. Do you have a record of calls/email/letters sent to the ISP about the issues you experienced. Do you have proof of the issues, as in speed test logs, etc, over a reasonable period of time. Did you receive any response from the ISP detail any actions you could take to improve quality. If so, what was the result?

    If you have none of this, then it's essentially a case of a customer not wanting to pay their bill. You entered into a contract, and are legally bound by that contract unless you can prove the other party are in breech of it. Using a solicitor or anything else will be a waste of money if you can't prove anything.


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    #3
    Shannonsider
    Registered Users Posts: 301 ✭✭Shannonsider


    When the first year of my contract was up, I rang to cancel as the broadband was poor. so they offered to cut my monthly bill in half and give me a wireless modem for free to replace my normal plug-in modem.

    I have emails where I said I would not agree to renewal unless the new modem actually worked, and worked faster than the old broadband. After months of trying and not being able to get it going I gave up and rang to cancel. During this time I had rang their call centre and even rang back the ISP company who said that I would have to keep persevering with the call centre.

    Therefore the company have no written or oral proof that I agreed unconditionally to renewing my contract.

    I've tried to keep all communication on email letter so I have written proof. But the amount they are charging is not large enough to warrant getting a solicitor involved - its only €80. If it's decided by a Third Party that I owe these guys, fair enough. But I don't feel I do.


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    #4
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Shannonsider wrote: »
    I have emails where I said I would not agree to renewal unless the new modem actually worked, and worked faster than the old broadband.

    Do you have any written response from the ISP on this? You may well have a good case here.

    Best way to proceed is to put everything in a letter, send it by registered post, and then after you confirm it's been received, follow it up with an email with the same content as the letter. Tell them you only accepted the new modem on the condition that it worked properly, and since it didn't, then no contract renewal took place. Ask them for an address to return that modem, and tell them in no uncertain terms that you will not be paying any more money.

    It is very likely that they will outsource the debt to a collection agency though. Expect to receive letters and threats of court action (they won't go to court for €80, it just won't happen). Ignore these.


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    #5
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    The 'replacement modem' scam sounds exactly like 3 Ireland. You legally have no contract if they agreed to your speed condition before shipping a new modem , therefore you may exit at 30 days notice. Look for 'three formal complaint' on boards and use the procedure.


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    #6
    Shannonsider
    Registered Users Posts: 301 ✭✭Shannonsider


    It was Clearwire


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    #7
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    easy enough, Imagine took them over and have no copy of the phone recording where the 'contract' was agreed.
    see this

    email complaints@imagine.ie and cc consumerline@comreg.ie use the phrase Formal Complaint - Billing in the subject

    Inform them there is no contract in place, no evidence of a contract in place, and that you gave a valid 30 days notice and that they should refund you your money .

    Imagine have 7 days to sort it then contact comreg again to chase them if you must...they will have a copy of the mail.

    Note that if they do not give you a ticket number after 2 days then you can go to comreg then and let them sort it


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