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Eircom to Vodafone

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  • Registered Users Posts: 7,265 ✭✭✭RangeR


    Distance Selling doesn't apply to you. You left it much too late


  • Registered Users Posts: 10 Marsman


    RangeR wrote: »
    Distance Selling doesn't apply to you. You left it much too late

    I don't really understand the comment "left it too late":confused:
    If the phone company had simply e-mailed me confirmation of the new 12 month contract following the verbal phone agreement, I would have this on record.
    Thus, several months later, when the subject of switching to another provider came up, this record would be there to remind me of the contract still in force.
    (My limited human memory failed to recall this phone call many months later).


  • Registered Users Posts: 7,265 ✭✭✭RangeR


    Marsman wrote: »

    I don't really understand the comment "left it too late":confused:
    If the phone company had simply e-mailed me confirmation of the new 12 month contract following the verbal phone agreement, I would have this on record.
    Thus, several months later, when the subject of switching to another provider came up, this record would be there to remind me of the contract still in force.
    (My limited human memory failed to recall this phone call many months later).
    Unfortunately, distance selling only applies up to 7 days after contract starts. Its a legal cooling off period.

    They also nave no obligation to email you a reminder.


  • Registered Users Posts: 7,786 ✭✭✭slimjimmc


    RangeR wrote: »
    Unfortunately, distance selling only applies up to 7 days after contract starts. Its a legal cooling off period.

    They also nave no obligation to email you a reminder.

    But they do have an obligation to provide you with written confirmation of certain contract details which they are legally obliged to tell you about before signing up.

    If, as the OP claims, he didn't receive written confirmation of the new minimum contract period then there may be a technical breach of the regulations which might conceivably allow him an exit.

    http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html


  • Registered Users Posts: 7,265 ✭✭✭RangeR


    slimjimmc wrote: »

    But they do have an obligation to provide you with written confirmation of certain contract details which they are legally obliged to tell you about before signing up.

    If, as the OP claims, he didn't receive written confirmation of the new minimum contract period then there may be a technical breach of the regulations which might conceivably allow him an exit.

    http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html
    Agreed. Requesting a copy of the recorded call would be best bet. No recording means no contract. Recording should also mention new contract. If it doesn't, then you don't have one.


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  • Registered Users Posts: 90 ✭✭tvman2


    Same happened recently changed to Vodafone from Eircom - got a bill for hundreds of euros. Thing is I haven't had any contact with Eircom for years bar paying the bill. Got a replacement modem over two years ago or maybe more. Why did I get that bill.They upgraded the speed recently would this be the reason - no new contract involved as far as I am concerned.



  • Registered Users Posts: 121 ✭✭hughowen


    There should be a system where if you cancel a contracted monthly bill that you have to be told by both the existing supplier and the new supplier that the charge will be xxx amount before you will be moved over and incur charges and both providers should have a system where it would help us, the customer, and not them the provider to make money from people that are just trying to get better deals out there.
    The underhandiness of the whole thing stinks to me and I was caught before in the same thing and have learned a valuable lesson, I won't get caught again.

    Moral, know what you sign up for


  • Registered Users Posts: 10 Marsman


    tvman2 wrote: »
    Same happened recently changed to Vodafone from Eircom - got a bill for hundreds of euros. Thing is I haven't had any contact with Eircom for years bar paying the bill. Got a replacement modem over two years ago or maybe more. Why did I get that bill.They upgraded the speed recently would this be the reason - no new contract involved as far as I am concerned.

    Think back how the speed was upgraded. Did this come as an offer that you actively accepted?. Any upgrade "which you agree to" whether by phone, e-mail, text or post will, according to their terms and conditions,constitute a new minimum term contract which they will try and enforce.
    However,the speed improvement may have been provided to all customers without individuals having to take any action.
    In this case there is no new contract unless, as I suspect, there was some sort of sneaky "opt out" provision provided. Then, if you did not "opt out" they would consider you accepted the "upgrade" and the attached new contract term would apply.
    Remember, these companies employ dozens of legal experts constantly working out ways to circumvent rules and regulations and keep themselves "barely legal"
    My advise is do not pay this bill unless they provide you with real evidence that you agreed to a new contract.


  • Registered Users Posts: 90 ✭✭tvman2


    Thanks for the reply,
    The speed changed just when I switched to Vodafone, cannot be sure exactly the day as I only noticed the change when I downloaded a large file and it downloaded in a very short time (speed went from 2 to current 15Mb/s) I thought at the time (about a month ago) that it was thanks to Vodafone or the new modem, but as Vodafone use Eircom nets??. The Eircom broadband map indicates that my area hasn't been upgraded to efibre yet, if that is the plan. Could Eircom have upgraded the network prior to efibre rollout. Anyway I have contacted Eircom for an explanation as to what contract they refer to in their final bill, they said will get back to me within ten days, that was 7 days ago.


  • Registered Users Posts: 2,597 ✭✭✭emeldc


    There is no such thing as a free lunch. Any service provider who rings and offers something for 'free' is usually tying you into an extended contract.
    I'm out of contract with Vodafone for the landline and this is a conversation I had with a rep a few weeks back :rolleyes:

    Vodafone: I see your landline is up for renewal, are you happy to continue with us?

    Me: Oh no, are you going to cut me off?

    V: Of course not, we just want to know if you are happy with the service and want to continue with us.

    Me: But surely if I wasn't happy I'd be ringing you?

    V: Yes, but we just want to see if you want to continue with us......

    Me: So if I say no, then will you cut me off.

    V: No, not unless you want us to.

    Me: I don't want you to, but if I say yes, will I be tied into another contract.

    V: Ermm (pause) No

    Me: So why are you ringing me, I'm kind of busy.

    V: Sorry about that.

    Me: See ya.


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  • Registered Users Posts: 1,609 ✭✭✭irishgirl19


    make a complaint to vodafone about being misold and they should let u break the contract and when u go to eircom they'll waive the early cease charge


  • Registered Users Posts: 90 ✭✭tvman2


    make a complaint to vodafone about being misold and they should let u break the contract and when u go to eircom they'll waive the early cease charge

    Will wait and see what Eircom say re. the 'contract' Don't want to go back to Eircom. Their bundle was costing over €55 a month Vs Vodafone at €30. Rarely use the land line for calls, tried a USB modem - erratic download speed. The Vodafone package is ideal. BTW rang Eircom before changing to see if they could match Vodafone offer or if there were any issues with the account with them, answer was no to both questions.


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