Emobile Contracts

SIGO74

Hi guys i have a little issue here and was wondering is the status of my contract legal, so here it goes : earlier this year I signed up with emobile for mobile broadband now the first 6 months of the contract was supposed to be half price and thereafter full price( 20.32). When I received my first invoice the discount was not applied and I was charged full price, I rang customer service and they apologized for their mistake and assured me that the discount would be applied on the next invoice and the amount that I was overcharged would be credited on my next invoice.

So that was fine until the next invoice and again discount was not applied and the amount I was overcharged on the first invoice was not credited on the second invoice again I rang customer service again they said the same thing,now I then received my third invoice and again discount was not applied nor was i discounted for the three times I was overcharged again I rang customer service and was told it would sorted on the next invoice.

To this day issue still persists still being overcharged and have not received any discount I suppose Im wondering Is my contract still legal?. /i am no longer in receipt of the service and emobile are threatening legal action for full payment for the remainder of the contract.

Is this legal as emobile has acted in complete dishonor regarding the terms of the contract?
Is the remainder of the contract still legal/valid?

Any advice or links to similar threads would be greatly appreciated
kind regards
Sigo

Moved from After Hours

Solair

You should post this on the eircom forum. It will get the attention of the eircom / emobile reps.

Eircom forum : http://www.boards.ie/vbulletin/forumdisplay.php?f=1293

If you don't get a response you should do the following.

Write an official letter of complaint and make sure you use the terms "OFFICIAL COMPLAINT" in subject line.

Outline what your were promised and what has happened and include copies of the bills.

Then send by registered post to :

EMobile
1 Huston South Quarter,
St Johns Road
Dublin 8

Keep copies and mention in the letter that it's been sent by recorded delivery too.

If it's unresolved, contact ComReg.

SIGO74

Cheers dude I already contacted commreg emobile have offered me a 50 euro discount after I contacted commreg but are still seeking the remainder of the of the contract.I have requested itemized statements but they only forwarded on partial statements and when I requested the full statements to date have being ignored. I have checked out the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980, and going by that it seems that they are in breach of the contract. Should i just ignore them or keep writing to them?

Procrastastudy

SIGO74 wrote: »

Cheers dude I already contacted commreg emobile have offered me a 50 euro discount after I contacted commreg but are still seeking the remainder of the of the contract.I have requested itemized statements but they only forwarded on partial statements and when I requested the full statements to date have being ignored. I have checked out the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980, and going by that it seems that they are in breach of the contract. Should i just ignore them or keep writing to them?

I'm not sure where in the Act you've found emobile in breach of contract. They are in breach of contract simply by virtue of having not done what they said they were going to do.

You say you are not in receipt of the services any more - have you simply disconnected it and told them you are not paying or have you reached the end of your contract term?

SIGO74

A week before my fifth invoice they cut the service off (18 month contract) I rang customer service and said that I was not due to make a payment the previous month as my account should have been credited from being over-charged on all the previous invoices. they said there was nothing on their system saying that I was overcharged, and that they would put me through to accounts the accounts department wanted me to pay the bill and then I would credited on my next invoice I said no as that was already said to me several times but never applied.

Procrastastudy

I'd get some advice from FLAC or a solicitor as why I would personally do at this stage is write them a letter stating that as they have terminated the service and you have over paid you are happy to leave it at that with a refund of the over payments - 4 months at half of what you paid from what I can gather.

If you ever get a summons to court - counter claim for that amount owed or if not - just leave it.

Get some proper advice though as that may affect credit rating etc.

RangeR

Procrastastudy wrote: »

Get some proper advice though as that may affect credit rating etc.

Ah come on. That's a very dramatic and misleading statement. eMobile can't, on their own, affect anyone's credit rating.

I'm not an expert in the area [far from it] but the only way eMobile [or any non financial institution] can touch a persons credit rating is to bring them to the courts and get a judgement against them.

Procrastastudy

RangeR wrote: »

Ah come on. That's a very dramatic and misleading statement. eMobile can't, on their own, affect anyone's credit rating.

I'm not an export in the area [far from it] but the only way eMobile [or any non financial institution] can touch a persons credit rating is to bring them to the courts and get a judgement against them.

I make statements like that in cases where I don't know - hang over from the legal discussions forum but in my opinion worth stating if you're unsure. In the UK - I'm pretty sure non-payment of bills is registered with experian and a like. That said I really don't know here. Also my advice is to wait for a summons - I don't think it's dramatic to advise the OP that myself - like most of us aren't lawyers so advice off the internet of that nature should be checked. If its something like the small claims court - fair enough - worst you are going to loose there is €25 and a day (assuming you haven't done something stupid and get counter sued) but this is slightly more serious imo.

foggy_lad

Procrastastudy wrote: »

Get some proper advice though as that may affect credit rating etc.

THis won't affect the op's credit rating unless the company take the op to court and a judment is made against the op which is highly unlikely considering the circumstances.

OP you should write a "Formal Complaint" to emobile explaining that they have overcharged you on all the invoices you have received from them to date and that you have been promised credits on your next invoice each time this has happened. this is a failure to provide basic customer care and a failure to manage your account in a proper manner which should void the contract.

dudara

@Solair

Please don't tell the OP to post in another forum. That can lead to duplicate threads and cleanup from the mod team. Instead please use the Report Post function to alert the mod team so that the post can be moved to the correct forum.

dudara