Eircom Door to Door salesman ignores Consumer Protection Commission rules.

Rock 1234

I have tried to talk to Eircom on behalf of a friend who has poor English language skills, I have found Eircom impossible to deal with,
This problem began at the end of November 2014. when a Eircom salesman called to my friends house offering fibre broadband which isn't available in her area and all he needed was to look at her personal papers and he would send out all the details in the post, my friend didn't realize that the salesman photographed her bank details, and used them to sign her up to a contract with Eircom without her full knowledge and consent, The salesman didn't give her a copy of the contract or a cancellation form with the name and address of the person to which it is to be sent, The salesman never mentioned a cooling off period,
I have tried to talk to Eircom to sort out this breach of consumer protection but so far I have failed, 

Rock 1234

Rock 1234 wrote: »

I have tried to talk to Eircom on behalf of a friend who has poor English language skills, I have found Eircom impossible to deal with,
This problem began at the end of November 2014. when a Eircom salesman called to my friends house offering fibre broadband which isn't available in her area and all he needed was to look at her personal papers and he would send out all the details in the post, my friend didn't realize that the salesman photographed her bank details, and used them to sign her up to a contract with Eircom without her full knowledge and consent, The salesman didn't give her a copy of the contract or a cancellation form with the name and address of the person to which it is to be sent, The salesman never mentioned a cooling off period,
I have tried to talk to Eircom to sort out this breach of consumer protection but so far I have failed, 

I posted this question to Eircom on Thursday the 16th April 2015. But to date I have not got a reply from Eircom, Does Eircom think they are above the laws of Ireland and Europe? 
I think it is about time you faced up to your legal responsibilities, and stop hiding behind dept collection agencies, and lawyers, 
Can you not even admit that one of your door to door salesmen cocked up,
So far Eircom has refused to produce a copy of the contract, which they claim this lady signed, If you have this copy lets see it,
Please have a look at the regulations which Eircom is bound to adhere to,

Know your rights
You have the same rights when you buy something at the doorstep as you do when buying in a shop. What you buy must be as described to you, fit for the intended purpose, and of merchantable quality. If something you bought is faulty, you have a right to a refund, repair or replacement.
The salesperson or trader should treat you fairly and give you the full and correct information about the product or service being sold. They should not harass you or make you feel under any pressure to buy.
As well as these consumer rights, you also have some additional rights that are set out in law when you buy something on the doorstep.
If a salesperson representing a tradesperson calls to your home (or workplace) uninvited, and if the goods you buy will cost you €50 or more, then you must be given a written cancellation form and a cancellation notice. In most cases you have the right to cancel the contract within fourteen days. This is known as the “cooling-off” period. There are some exceptions when the cooling off period does not apply. For example, if you have asked for the service to begin immediately (you waive your right to the cooling off period), or if you buy a personalised product, for example a sports shirt with your name on it.
The cancellation notice must:

• Be clear and easy to read, and not hidden away in small print
• Include the name of the trader 
• Give the name and address of a person that the cancellation form should be sent to
• Give a reference number or other details that makes the contract or offer easily identifiable
• Indicate that you have the right to cancel the contract, and that you can do so by delivering or sending a written cancellation form to the person named within fourteen days of making the contract 
• State the date that the notice was given to you
  

[*]
If the salesperson is not clear about how to cancel, do not agree to buy or sign up with them until you are satisfied about how and when you can cancel.

eircom: Alan

Rock 1234 wrote: »

Rock 1234 wrote: »

I have tried to talk to Eircom on behalf of a friend who has poor English language skills, I have found Eircom impossible to deal with,
This problem began at the end of November 2014. when a Eircom salesman called to my friends house offering fibre broadband which isn't available in her area and all he needed was to look at her personal papers and he would send out all the details in the post, my friend didn't realize that the salesman photographed her bank details, and used them to sign her up to a contract with Eircom without her full knowledge and consent, The salesman didn't give her a copy of the contract or a cancellation form with the name and address of the person to which it is to be sent, The salesman never mentioned a cooling off period,
I have tried to talk to Eircom to sort out this breach of consumer protection but so far I have failed, 

I posted this question to Eircom on Thursday the 16th April 2015. But to date I have not got a reply from Eircom, Does Eircom think they are above the laws of Ireland and Europe? 
I think it is about time you faced up to your legal responsibilities, and stop hiding behind dept collection agencies, and lawyers, 
Can you not even admit that one of your door to door salesmen cocked up,
So far Eircom has refused to produce a copy of the contract, which they claim this lady signed, If you have this copy lets see it,
Please have a look at the regulations which Eircom is bound to adhere to,

Know your rights
You have the same rights when you buy something at the doorstep as you do when buying in a shop. What you buy must be as described to you, fit for the intended purpose, and of merchantable quality. If something you bought is faulty, you have a right to a refund, repair or replacement.
The salesperson or trader should treat you fairly and give you the full and correct information about the product or service being sold. They should not harass you or make you feel under any pressure to buy.
As well as these consumer rights, you also have some additional rights that are set out in law when you buy something on the doorstep.
If a salesperson representing a tradesperson calls to your home (or workplace) uninvited, and if the goods you buy will cost you €50 or more, then you must be given a written cancellation form and a cancellation notice. In most cases you have the right to cancel the contract within fourteen days. This is known as the “cooling-off” period. There are some exceptions when the cooling off period does not apply. For example, if you have asked for the service to begin immediately (you waive your right to the cooling off period), or if you buy a personalised product, for example a sports shirt with your name on it.
The cancellation notice must:

• Be clear and easy to read, and not hidden away in small print
• Include the name of the trader 
• Give the name and address of a person that the cancellation form should be sent to
• Give a reference number or other details that makes the contract or offer easily identifiable
• Indicate that you have the right to cancel the contract, and that you can do so by delivering or sending a written cancellation form to the person named within fourteen days of making the contract 
• State the date that the notice was given to you
  
  
  

[*]
If the salesperson is not clear about how to cancel, do not agree to buy or sign up with them until you are satisfied about how and when you can cancel.

[*]
Hi Rock 1234

I am sorry to hear of this and apologise for the delays. I understand this issue is a cause for concern for yourself and your friend however there are data protection and security measures which must be followed in the case where a third party is inquiring about an account.

I feel the best route to follow is advising (or equally assisting) your friend in lodging an official complaint. To have this case investigated by a member of management your friend will need to log an official complaint where a case is sent for investigation and upon completion of the investigation he or she is contacted within 10 days.

You can log an official complaint by choosing one of the four routes available and detailed here: http://support.eircom....ticle/codeofpractice - In this case where there is a clear language barrier I suggest filling in the online form option and assisting your friend translate but ensuring all contact and account details are correct to the true account holders details.

Thanks
Al

Rock 1234

Hi Alan,

Thanks for your reply, I have lost all faith in Eircom, I helped my friend to appeal this case on the 12/12/2014 by telephone through your customer care system she was issued a complaints number and told the appeals board would contact her in ten working days, but she never received a reply with a decision for or against, We contacted Eircom by telephone on three other occasions, during this time Eircom changed the complaints number now she has two complaints numbers and no answer, She returned to her original provider on the 13/1/2015.
Alan I will take your advise and help my friend to appeal again through the special online site that you gave me.

I appeal to anyone who is reading this especially if you have elderly parents or other vulnerable people in your care to tell them not to allow any salesman into to their house, and put up a sign on your front door saying no salespeople or traders welcome here, I have one of these signs on my front door and so far so good.

eircom: Alan

Rock 1234 wrote: »

Hi Alan,

Thanks for your reply, I have lost all faith in Eircom, I helped my friend to appeal this case on the 12/12/2014 by telephone through your customer care system she was issued a complaints number and told the appeals board would contact her in ten working days, but she never received a reply with a decision for or against, We contacted Eircom by telephone on three other occasions, during this time Eircom changed the complaints number now she has two complaints numbers and no answer, She returned to her original provider on the 13/1/2015.
Alan I will take your advise and help my friend to appeal again through the special online site that you gave me.

I appeal to anyone who is reading this especially if you have elderly parents or other vulnerable people in your care to tell them not to allow any salesman into to their house, and put up a sign on your front door saying no salespeople or traders welcome here, I have one of these signs on my front door and so far so good.

Hi Rock 1234



I'm very sorry to hear of the previous failed attempts in lodging the complaint. Once you have logged the complaint online please feel free to PM me the reference number and I will add your urgency to the case notes with the hope that you and your friend are contacted as soon as possible.


Thanks

Al

Rock 1234

Hi Alan,

Today I have helped my friend to lodged a complaint to Eircom explaining the breach of trust and breach of Irish and European law, as I have lost all confidence in Eircom I am giving it one last chance, Out of respect for you ALAN,  '' WATCH THIS SPACE FOR FURTHER UPDATES'' ,

I have also contacted a TD to ask him to explain to me why a big company like Eircom can disregard  Irish Laws and bully and frighten ordinary law abiding people with Dept Collection Agencies and Legal Action to try and force people into paying.

Sky has suspended its door to door sales in England from June 2014. because of miss selling and breach of code of practice including telling lies,

I think it is time that somebody put a stop to this illegal activity in Ireland.

[font=FSAlbert, Arial][font=FSAlbert-Light, 'Arial Light']Code of Practice[/font][/font]

[font=FSAlbert, Arial][font=FSAlbert-Light, 'Arial Light']Thank you for contacting eircom.[/font]
We will respond to you within ten working days and supply you with a case number.
Kind regards,
eircom customer services team[/font]

Rock 1234

Update.
 
Complaint sent to Eircom on the 29/4/2015 to online support eircom at 12.16pm,
 
I wish to lodge a complaint to Eircom as I was signed up to a broadband and a phone package without my clear knowledge and consent around the end of November 2014,
 
Your agent deceived me by giving me false verbal information and no written information; I did not receive a copy of this false contract, which I was signed up to,
 
The first time I became aware that your agent had falsely signed me up to a contract was on the 12/12/2014 when I received a letter from Eircom with my bank details for me to check, I contacted Eircom Customer Care on the 12/12/2014 by telephone to make a complaint, I was assured I  would be contacted with a decision in ten working days, but I was never contacted by Eircom with a decision,
 
Reply from Eircom within four and a half hours, on the 29/4/2015 at 16.36, this has to be a record in response from Eircom!
 
In relation to your query a complaints case reference has been created and resolved by our Customer Care Department.
 
The outcome of this complaint has been upheld in Eircom’s favour as all documents for this service order has been signed and terms and conditions were agreed at point of sales.
 
Unfortunately we cannot issue issue a registered complaint as the matter has been investigated thoroughly.
 
I hope this email is of some assistance to your query,  
 
 
If you have any further queries please call our Customer Care team on 1901 or reply to this email and we will be delighted to assist you.
 
Regards,
 
James
 
Customer Care Administration Team Ltd.
 
eircom Limited, 1 Heuston South Quarter, St John’s Road Dublin 8.
(End)
 
Further updates to follow,  “Watch this space” .
 
 
 

 

Kelly06

Surely they should let you see a copy of the contract your friend signed. Does your friend remember signing anything and giving his/her mobile number?

eircom: Alan

Rock 1234 wrote: »

Update.
 
Complaint sent to Eircom on the 29/4/2015 to online support eircom at 12.16pm,
 
I wish to lodge a complaint to Eircom as I was signed up to a broadband and a phone package without my clear knowledge and consent around the end of November 2014,
 
Your agent deceived me by giving me false verbal information and no written information; I did not receive a copy of this false contract, which I was signed up to,
 
The first time I became aware that your agent had falsely signed me up to a contract was on the 12/12/2014 when I received a letter from Eircom with my bank details for me to check, I contacted Eircom Customer Care on the 12/12/2014 by telephone to make a complaint, I was assured I  would be contacted with a decision in ten working days, but I was never contacted by Eircom with a decision,
 
Reply from Eircom within four and a half hours, on the 29/4/2015 at 16.36, this has to be a record in response from Eircom!
 
In relation to your query a complaints case reference has been created and resolved by our Customer Care Department.
 
The outcome of this complaint has been upheld in Eircom’s favour as all documents for this service order has been signed and terms and conditions were agreed at point of sales.
 
Unfortunately we cannot issue issue a registered complaint as the matter has been investigated thoroughly.
 
I hope this email is of some assistance to your query,  
 
 
If you have any further queries please call our Customer Care team on 1901 or reply to this email and we will be delighted to assist you.
 
Regards,
 
James
 
Customer Care Administration Team Ltd.
 
eircom Limited, 1 Heuston South Quarter, St John’s Road Dublin 8.
(End)
 
Further updates to follow,  “Watch this space” .
 
 
 

 

Hi Rock 1234

The above correspondence you received it the official position of eircom in regards to your friends claim. If you wish to appeal eircoms position on this you are welcome to lodge a complaint with comreg (the communications regulator). They can be contacted on 1890229668.

Thanks
Al

Rock 1234

ComReg rubber stamps Eircom's decision to impose €497 cancellation fee's, ComReg accepted Eircom's decision unconditionally with no independent investigation into the breach of Irish Consumer laws, It looks like we will have to get a Judge to decide who is telling the truth, 
Regardless of the outcome I promise to keep all the good people who are reading this updated, I will continue to fight for natural justice, and I know justice will prevail. 

eircom: Alan

Rock 1234 wrote: »

ComReg rubber stamps Eircom's decision to impose €497 cancellation fee's, ComReg accepted Eircom's decision unconditionally with no independent investigation into the breach of Irish Consumer laws, It looks like we will have to get a Judge to decide who is telling the truth, 
Regardless of the outcome I promise to keep all the good people who are reading this updated, I will continue to fight for natural justice, and I know justice will prevail. 

Hi Rock 1234

You are welcome to keep the thread updated however both eircom and comreg have made their decision on your friends complaint and we will be unable to overturn this position.

Thanks
Al

Skatedude

And yet the customer  still hasnt seen his contract? isnt eircom required by law to make it available?

porsche boy

So its a he said/she said which comreg upheld (no real suprised there) and nobody can provide a copy of a signed contract?
Don't pay and let it go to court. Eircom will likely sell off the bad debit to a third party in which case there will be no way a collection agency will have been given copies of contracts.
dispute all the way and ask to see the original contract that was signed before you'll even discuss possible payment plans.

eircom: Alan

Rock 1234 wrote: »

ComReg rubber stamps Eircom's decision to impose €497 cancellation fee's, ComReg accepted Eircom's decision unconditionally with no independent investigation into the breach of Irish Consumer laws, It looks like we will have to get a Judge to decide who is telling the truth, 
Regardless of the outcome I promise to keep all the good people who are reading this updated, I will continue to fight for natural justice, and I know justice will prevail. 

Hi Rock 1234

Can you please PM me your friends land line number and I'll check the case notes for the complaint?

Thanks
Al

Rock 1234

Thanks to 
Kelly06, 
Skatedude & porsche boy, for your very valid contribution, your  questions and suggestions seems to have changed Alan's stance from a very official approach, to a more caring customer friendly representatives in a little over two hours amazing,
Now I think any person like Alan has a very difficult job, continually apologising for one problem after another,
The only way to get a written or any answer from Eircom is to write to Mr Richard Moat CEO Eircom, of course it will not change the outcome, but you will at least know what the have on file about you, that's what we did and we have the letter to prove it,

I have never before met a company like Eircom who appear not to care, most companies who want to survive in a very competitive market with a lot of very efficient and competitive companies hoovering up customers who want to be treated with respect and receive a good quality service and if there is a problem the will deal with it quickly and efficiently,

I guess hedge funds don't do customer relations?

the_syco

Rock 1234 wrote: »

I have never before met a company like Eircom who appear not to care, most companies who want to survive in a very competitive market with a lot of very efficient and competitive companies hoovering up customers

Two things. Firstly, beyond Dublin and a few other major cities, it's Eircom, and only Eircom, or maybe someone reselling Eircoms service. Secondly, Since Eircom was privatised, every single cut possible was done, and they're still cutting. They don't seem to care about the customers (or their staff), only their profit margins.

Are you sure your friend didn't sign the contract? If she didn't, and the total cost of what she paid is under €2,000 look into a Small Claim Court. It'll coat your mate €25 http://www.consumerhelp.ie/small-claims

Rock 1234

Thanks to the_syco for the valuable contribution to this fiasco with Eircom, we have decided to take your advice and prepare to submit a small claims case to the courts if it fits the criteria,

To answer your query about a signature, it appears the Eircom agent used a handheld electronic device to obtain a signature but he conveniently forgot to comply with the consumer laws eg he didn't give a contract copy or a contract number in paper or electronically, The agent didn't give her any of the details that are required by law, in fact he didn't give her anything in paper or electronically,

True we are all stuck with Eircom as all other fixed line operators except UPC are using Eircom's lines to give us broadband, Vodafone were involved in this case the couldn't have been more helpful, no penalties no fuss, and the treated us with respect, 

Ed Winchester

Rock 1234 wrote: »

Thanks to the_syco for the valuable contribution to this fiasco with Eircom, we have decided to take your advice and prepare to submit a small claims case to the courts if it fits the criteria,

To answer your query about a signature, it appears the Eircom agent used a handheld electronic device to obtain a signature but he conveniently forgot to comply with the consumer laws eg he didn't give a contract copy or a contract number in paper or electronically, The agent didn't give her any of the details that are required by law, in fact he didn't give her anything in paper or electronically,

True we are all stuck with Eircom as all other fixed line operators except UPC are using Eircom's lines to give us broadband, Vodafone were involved in this case the couldn't have been more helpful, no penalties no fuss, and the treated us with respect, 

So your friend did sign?

eircom: Alan

Rock 1234 wrote: »

Thanks to the_syco for the valuable contribution to this fiasco with Eircom, we have decided to take your advice and prepare to submit a small claims case to the courts if it fits the criteria,

To answer your query about a signature, it appears the Eircom agent used a handheld electronic device to obtain a signature but he conveniently forgot to comply with the consumer laws eg he didn't give a contract copy or a contract number in paper or electronically, The agent didn't give her any of the details that are required by law, in fact he didn't give her anything in paper or electronically,

True we are all stuck with Eircom as all other fixed line operators except UPC are using Eircom's lines to give us broadband, Vodafone were involved in this case the couldn't have been more helpful, no penalties no fuss, and the treated us with respect, 

Hi Rock 1234



Both Comreg and eircom have ruled that no procedures, regulations or laws were broken in your friends case. I am aware you disagree however I will be unable to offer you an alternative ruling or change our position on your friends contract.

Thanks
Al

Rock 1234

Hi Alan,

I appreciate that you Alan  can't change Eircom's decision, but that doesn't mean that the decision was just or fair or that no laws were broken, what evidence do Eircom have to justify this decision? We don't know who made this decision or how the decision was made,

At least Alan and I agree on one thing, we agree to disagree, 

Hibrasil

I really don't wish to say something like "I told you so".....but the Golden Rule is do not entertain salespersons the door....Run them out the gate asap.....Urban cowboys etc.....if you can do better than the service you currently have...research it  online (or by an alternate means)...and make an informed decision that is not clouded by false promises or haphazard information from a salesman who's income is mainly commission. This guy was not an eircom employee (most likely)....he was just doing an outsourced job.....and you have no idea whether he changed details of the questionable agreement afterwards. 

eircom: Alan

Rock 1234 wrote: »

Hi Alan,

I appreciate that you Alan  can't change Eircom's decision, but that doesn't mean that the decision was just or fair or that no laws were broken, what evidence do Eircom have to justify this decision? We don't know who made this decision or how the decision was made,

At least Alan and I agree on one thing, we agree to disagree, 

I understand your views on this Rock 1234

However, both eircom and comreg have ruled no ill practice has been carried out and no laws have been broken. I'm sorry I can't do more on this.

Thanks
Al

Johnboy1951

eircom: Alan wrote: »

Rock 1234 wrote: »

Hi Alan,

I appreciate that you Alan  can't change Eircom's decision, but that doesn't mean that the decision was just or fair or that no laws were broken, what evidence do Eircom have to justify this decision? We don't know who made this decision or how the decision was made,

At least Alan and I agree on one thing, we agree to disagree, 

I understand your views on this Rock 1234

However, both eircom and comreg have ruled no ill practice has been carried out and no laws have been broken. I'm sorry I can't do more on this.

Thanks
Al

Are the details on which Eircom (and maybe Comreg) made their decision available to the other party?
Have Eircom issued a copy of the alleged contract?
Is the other party entitled to see the documents?

This cannot be the first time such a situation has arisen .....  there have been many complaints over the last few years about mis-selling .....  so Eircom must have (ok, should have) in place a specific procedure on how to deal with such situations.

Some exchange of documentation is in order to help resolve the situation.
Should it go to a court then those documents will have to be produced anyway.
Why force the issue to court?

Eircom's decision might very well be correct, but they could at least let the other party view the documentation.

Rock 1234

Does Eircom have any respect or consideration for anyone! Today believe it or not, Eircom sent another door to door salesman to my friends front door, the same house where an Eircom salesman just a little over six months ago broke consumer law by signing her up to a contract without her knowledge and consent, and without supplying her with the proper documentation which is required by law, and now a collection agency are pursuing her for close to 500 euro's for breach of contract, 


Today when the Eircom salesman knocked, my friend asked him could he not read the big notice which she has placed beside her doorbell with the words in very large letters  '' Salespeople Not Welcome Here '' he replied he couldn't read the notice, unfortunately she didn't call the Garda at the time, but she did capture him on film,


I will be writing to Eircom's CEO for an explanation and a written assurance that Eircom's salespeople will not enter this property again, 


When is Eircom going to stop harassing this lady?
  

jdelis

Also they may claim that they have verbal acceptance of the contracts. Don't take that for granted and ask them to provide the recorded conversation. I had such a dispute in the past and when I asked that they backed off.

If I understood correctly, the whole deal was done over the phone. How do they say there is a signed contract?

willycat

As a company, Eircom has reached a masterclass level on providing the worse service ever, while ignoring, harassing and threatening his customers in unbelievable and amazing different ways, while providing the worst customer support I've ever seen. Not only they WILL mess up your contract, they will broke deadlines, make promises that nobody will comply, promise they will call, they will whatever, and they never do. And when you try to leave this mess, they will charge you with nonsense fees and threaten to present legal charges.

I am the perfect example. They messed up my contract, I told them many times, and they wanted to charge me and bring me to court, even if it was their total full mistake. Thank God after weeks and months of proving them THEY were wrong -and not me- they eventually gave up and left me alone.

The only reason they're not broken is because a lot of people in Ireland has no other option rather than to use Eircom for Broadband, even if they only get a third world 0.35MB line, for +50€/month. They basically survive thanks to this and other things like the issue in this thread: urban cowboys (aka salesmans) stealing data from honest people to make them sign contracts without even noticing.

As soon as they get into real competition in all Ireland (not only in Dublin) they will instantly go bankrupt. Hope it happens soon.

eircom: Alan

Rock 1234 wrote: »

Does Eircom have any respect or consideration for anyone! Today believe it or not, Eircom sent another door to door salesman to my friends front door, the same house where an Eircom salesman just a little over six months ago broke consumer law by signing her up to a contract without her knowledge and consent, and without supplying her with the proper documentation which is required by law, and now a collection agency are pursuing her for close to 500 euro's for breach of contract, 


Today when the Eircom salesman knocked, my friend asked him could he not read the big notice which she has placed beside her doorbell with the words in very large letters  '' Salespeople Not Welcome Here '' he replied he couldn't read the notice, unfortunately she didn't call the Garda at the time, but she did capture him on film,


I will be writing to Eircom's CEO for an explanation and a written assurance that Eircom's salespeople will not enter this property again, 


When is Eircom going to stop harassing this lady?
  

Hi Rock 1234

I'm sorry to hear of this - I can assure you that there is no direct attempt to harrass your friend. Your friend can request her address to be taken off the national directory database to prevent sales calls & visits. If you would like to PM me your firends address I'll request for it to be removed from future campaigns.

Thanks

Al

Rock 1234

Thanks to Idelis for your contribution, it was a Eircom door to door salesman who committed the offence in this instance,
Willycat, I got a masterclass from Eircom in dishonourable and questionable behaviour since this case came to my attention, Irish or European laws means nothing to them, while consumer laws are fairly strong in favour of the consumer, how do you prove your case as contracts don't come under ComReg's or the Small Claims Courts remit, 

" I think a lot of people are under the mistaken belief that the Small Claims Court will take on their case sorry unfortunately it won't as it doesn't deal with contracts " 


Thanks to Alan for the information on the "National Directory Database " I didn't know this,


More updates to come on your rights !

eircom: Alan

Rock 1234 wrote: »

Thanks to Idelis for your contribution, it was a Eircom door to door salesman who committed the offence in this instance,
Willycat, I got a masterclass from Eircom in dishonourable and questionable behaviour since this case came to my attention, Irish or European laws means nothing to them, while consumer laws are fairly strong in favour of the consumer, how do you prove your case as contracts don't come under ComReg's or the Small Claims Courts remit, 

" I think a lot of people are under the mistaken belief that the Small Claims Court will take on their case sorry unfortunately it won't as it doesn't deal with contracts " 


Thanks to Alan for the information on the "National Directory Database " I didn't know this,


More updates to come on your rights !

I'm more than happy to help Rock 1234

Once again I would like to confirm that no laws or regulations have been broken in your friends contract with eircom. Upon looking in to this further it has come to my attention that the sales representative left a copy of the agreement when your friend signed up - this agreement also has a guide on where to check eircoms terms and conditions of service.

Furthermore I can confirm that the sales representative took a photograph of the agreement (as procedure requires) and I can confirm that eircom have the photograph in their possession.

Ultimately eircom have overturned the complaint and as have COMREG.

Thanks
Al

Rock 1234

Eircom never ceases to amaze me as they continue to defend the indefensible, What records do you have to prove that your salesman left a copy of the CAF form ( which my friend didn't sign ) along with all the other papers which are required by law including a cancellation form, If Eircom have this information why was it not sent to her under the freedom of information request which she made to Eircom, All she received was a poor quality photograph of a CAF Customer Agreement Form, nothing else,  as you alluded to this photograph can you make out the salesman name?  Can you read this form as I can't ? Is this form clear and legible as required by law? If you can read it maybe you would let me know the salesman's name?

Under section 4 of the Data Protection Acts 1988 and 2003, you have the right to obtain a copy clearly explained, of any information relating to you kept on computer or in structured manual filing system or intended for such system by any entity or organisation, you will probably have to pay a fee but this cannot exceed €6.35, you must be given the information within fourthly days,

eircom: Alan

Rock 1234 wrote: »

Eircom never ceases to amaze me as they continue to defend the indefensible, What records do you have to prove that your salesman left a copy of the CAF form ( which my friend didn't sign ) along with all the other papers which are required by law including a cancellation form, If Eircom have this information why was it not sent to her under the freedom of information request which she made to Eircom, All she received was a poor quality photograph of a CAF Customer Agreement Form, nothing else,  as you alluded to this photograph can you make out the salesman name?  Can you read this form as I can't ? Is this form clear and legible as required by law? If you can read it maybe you would let me know the salesman's name?

Under section 4 of the Data Protection Acts 1988 and 2003, you have the right to obtain a copy clearly explained, of any information relating to you kept on computer or in structured manual filing system or intended for such system by any entity or organisation, you will probably have to pay a fee but this cannot exceed €6.35, you must be given the information within fourthly days,

Hi Rock 1234

As I have previously advised, both comreg and eircom have advised that this complaint will not be upheld and the contract will remain applicable.

You are seeking information which has already been taken in to consideration in the investigations and closure of your friends complaint.

I have seen the photograph of the customer authorisation form which is clearly signed by your friend .

Ultimately COMREG has ruled that everything was followed in compliance with industry regulations and the eircom contract agreed by your friend will remain - for this reason I will be unable to offer you more information or clarification on your friends closed complaint.

Thanks
Al