eVision Rip Off Cooling Off Period

MarkAnthony

Zardoz16 wrote: »

I don't think anyone from Eircom can really discuss the legalities of it all. Their telesales staff just keep spouting the same mantra..."I'm sorry but you have passed the cooling off period... I know...I know... but you have passed the cooling off period." That was 3 weeks ago today!

The box sits unplugged switched off until It gets taken back from Eircom.

It seems that nobody has any idea how to resolve this.

My inflammatory posting aside I do sympathise.

Most companies will have a policy of X until Y. In the case of going legal this will usually require a solicitors letter before it's taken seriously. Try FLAC and see if they can be of any help but I doubt they will issue correspondence.

For pure devilment you could try the Small Claims Procedure, I assume you want shot of it as it's not working correctly. Obviously there's not much can be done if it's working correctly and it's just crap. That said the registrar might be willing to hear it based on the cooling off etc.

Best of luck with it.

macmurph

Zardoz16 wrote: »

On the 10^th of October 2014 we ordered to Eircom eFibre and eVision Bundle for our home.
On the 28^th of October 2014, 18 days later the eFibre and eVision equipment and service was installed at our home.


On the 29^th of October 2014 we decided that we did not wish to keep the eVision service and I phoned the Eircom Loyalty team to cancel the eVision service.


I was told that I could not cancel it without incurring a fee of €150 because we had surpassed our 14 day cooling off period with the ‘verbal contract’, which was apparently agreed upon on the 10^th of October 2014. I was told that this 14 day cooling off period clause began once I ordered the eVision service on the 10^th of October, not upon the receipt and installation of the service on the 28^th of October.


I was told by Glen, the supervisor of the Loyalty team that this was mentioned to me on October 10^th 2014 over the phone, that once the cooling off period terminates, I could not cancel the service without incurring a fee.


This was not made very clear to me at all. If it had been I would have cancelled the eVision part of my order. The concept of not being able to try a service first before deciding to keep it or not without a cancellation fee is very unfair, and normally not the practice in consumer transactions.
In the 2 confirmation emails I received form you on the 10^th of October it did not mention that the duration of 14 day cooling off period commences immediately. In the link to the Eircom terms and conditions, (The link which expires), there is no mention of the immediate commencement of the cooling off period.


My wife and I have been a loyal customer with Eircom for over 20 years and have never encountered issues with your services until now.
I wish to withdraw from the eVision service but I feel that it is grossly unfair to charge me a cancelation fee.


Normally under European consumer law, the consumer has a period of 14 days to cancel a product or service after the consumer has received the goods or service, or when the service has been installed and made available to them.


The National Consumer Agency advised me to inform you of the EU Consumer Rights directive; Chapter 3 Article 6, which stipulates that if a consumer has not been made very aware of any cooling off period term in a contract that their rights for cancellation of a service is extended to 12 Months:


(43)
‘If the trader has not adequately informed the consumer prior to the conclusion of a distance or off-premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty as regards the length of the withdrawal period, a 12-month limitation period should be introduced.’
 
Furthermore the directive states
(40)‘the withdrawal period should expire after 14 days from the day on which the consumer or a third party other than the carrier and indicated by the consumer, acquires physical possession of the goods’
 
The National Consumer Agency insists that I should not be charged a cancellation fee because the cooling off period should commence upon first receipt of the services and goods. Our cooling off period should expire on the 11^th of November 2014.


The National Consumer Agency told me today that there is nothing they can do about an individual case like mine. But surely I said that thee must be more than one person in Ireland that has experienced this nonsense?



As mentioned, we wish to cancel our eVision subscription. Can anyone inform me now as how to proceed without a cancelation fee?

Hi
I was told by the Eircom genius that called to my house that it was 14 days from the installation date. 
Does not make sense that it starts before you receive the proiduct.
I cancelled after a few days from installation, girl on phone tried the same trick, she even tried to tell me that I was wrong about the installation date. Then she tried to convince me to cancel tv and try the phone and broadband for a little bit longer even the whole thrust of the conversation was about the cooling off period. I stood my ground and wouldnt get off the phone until I got what I what I wanted. They are absolute scammers. 
Dont take no fro an answer and get out as soon as possible. they are a nightmare to deal with.
Good Luck
 

Zardoz16

Kristopherus wrote: »

Zardoz16 wrote: »

As said before the Compliance Regulator Al keeps referring to Is the Commission for Communications Regulation, ComReg, Telecommunication Regulation Ireland, Radiocommunications Regulation Ireland, Postal Regulation.

THEY DO NOT DEAL WITH TELEVISION!

Another smoke screen pointing the consumer to a dead end.

I love to know how many people have been affected by this. Consumer affairs don't take on individual cases like mine, but it must be a collective issue now, in the interest of the Irish Nation.

Is E-vision not free for the first 12 months of your initial 18-month contract? Or is  the E-vision impacting overbearingly on your fibre bb? Can they not increase your fibre mbps?

eVision is free for the first 6 months. It does drag the speed down. They cannot increase the Mbps

Zardoz16

Thanks to all the well wishers.  Anybody want an eVision Box?