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Eir breaking contract

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  • 18-10-2017 12:43pm
    #1
    koura
    Registered Users Posts: 126 ✭✭


    I have a 12 month contract with EIR for Home/Broadband until the 1-FEB-18. I got notice last week that they are increasing the price on the 1-Nov-17.
    I phoned Eir Customer service and all they were interested in doing is selling me another contract.
    Can the do this.
    Thanks in advance for any advice


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    #2
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    They can try sell you another contract. There is no reason to stop them. You can also change provider once you are allowed to leave your current contract without penalty.


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    #3
    moonlighting
    Closed Accounts Posts: 470 ✭✭moonlighting


    when you call them they will try every trick in the book to make you stay. just be frank and so no thanks please cancel my contract with out penalty.
    thats what i had to do.


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    #4
    koura
    Registered Users Posts: 126 ✭✭koura


    I want to stay in my current contract.


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    #5
    L1011
    Registered Users Posts: 69,023 ✭✭✭✭L1011


    koura wrote: »
    I want to stay in my current contract.

    That isn't an option. Accept price rise and the existing end date; or leave contract entirely are the options.


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    #6
    davyboy1975
    Registered Users Posts: 781 ✭✭✭davyboy1975


    If you want to stay in your current contract then you will have to pay the price increase unfortunately


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    #7
    Zillah
    Registered Users Posts: 17,371 ✭✭✭✭Zillah


    Everyone seems to be ignoring the fact that they are increasing the price of the contract three months before OP's existing contract expires. I feel there is probably some miscommunication going on here. Is the price increase for new contracts? Do you know if they plan on charging you the new rate or the old rate after Nov?

    They certainly have no right to cut you off or change the price until February.


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    #8
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    Zillah wrote: »

    They certainly have no right to cut you off or change the price until February.

    Yes, they do.


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    #9
    Zillah
    Registered Users Posts: 17,371 ✭✭✭✭Zillah


    Slippin Jimmy wrote: »
    Yes, they do.

    Contracts are legally binding in both directions. They can no more choose to increase the price during the term of the contract than OP can choose to lower it. They are both locked into their terms until Feb '18.

    EDIT: Unless Eir have some bull**** language in their contracts that allow them to increase prices at will, in which case they can go jump off a cliff.


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    #10
    L1011
    Registered Users Posts: 69,023 ✭✭✭✭L1011


    Zillah wrote: »
    Contracts are legally binding in both directions. They can no more choose to increase the price during the term of the contract than OP can choose to lower it. They are both locked into their terms until Feb '18.

    You're incorrect here.

    They can increase the price, the customer can choose not to accept and the contract is ended there and then. This is the case for pretty much all consumer telecoms contracts.


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    #11
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    L1011 wrote: »
    That isn't an option. Accept price rise and the existing end date; or leave contract entirely are the options.

    Do you know what happens if you're already out of contract and then the price goes up. Are you back in contract again or still out of contract but with a new price rise. Sorry for the hijack!


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    #12
    Zillah
    Registered Users Posts: 17,371 ✭✭✭✭Zillah


    L1011 wrote: »
    You're incorrect here.

    They can increase the price, the customer can choose not to accept and the contract is ended there and then. This is the case for pretty much all consumer telecoms contracts.

    Does the law actually give them such an exemption to the normal law of contract or have people just decided to roll over and let them get away with it?

    If I was one month into a 12 month broadband contract, having paid an installation fee, and they decided that a new, higher monthly charge would be required for 11 months, I'm quite sure the normal law of contract says I can tell them no, they will continue to provide me with the service at the original monthly fee for 11 more months, because they legally committed to those terms.

    They are a private company, the same laws that apply to me apply to them. I can't tell them after one month that I will be paying a lower fee and they can take it or leave it; just like they can't decide that I will be paying a higher fee and I can take it or leave it.

    EDIT:

    I did some digging. They have a bullshit clause in their terms:
    this Agreement may be terminated by either party on one month’s written notice to the other. In the event of changes notified by eir to the Agreement, the Customer may terminate this Agreement, without charge, by serving notice in writing prior to the date of implementation of such changes. The Customer will be deemed to have accepted any implemented changes, by continuing to use the Facility.

    At least it swings both ways. I wonder how many customers realise they have the right to leave their contracts early if they want?

    Anyway OP, it seems like you agreed to let them change the terms of the agreement with one month's notice when you signed up, so unfortunately you have to decide if you want to pay the new fee from Nov onwards, or you can switch. You should definitely switch to UPC if you can, much better technology.


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    #13
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    emeldc wrote: »
    Do you know what happens if you're already out of contract and then the price goes up. Are you back in contract again or still out of contract but with a new price rise. Sorry for the hijack!

    You are still out of contract.


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    #14
    ED E
    Registered Users Posts: 36,167 ✭✭✭✭ED E


    Zillah wrote: »
    At least it swings both ways. I wonder how many customers realise they have the right to leave their contracts early if they want?

    Everyone knows, the letter/email they get clearly states it.


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    #15
    Zillah
    Registered Users Posts: 17,371 ✭✭✭✭Zillah


    ED E wrote: »
    Everyone knows, the letter/email they get clearly states it.

    I meant in other circumstances, like if they find a better deal or don't like the quality of the service.


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    #16
    koura
    Registered Users Posts: 126 ✭✭koura


    Yes I am still in contract. I looked through the contract and I don't see any reference to breaking the contract at one month notice.
    I didn't notice that I could break contract with them at a months notice without penalty.??


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    #17
    whiterebel
    Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,931 Mod ✭✭✭✭whiterebel


    koura wrote: »
    Yes I am still in contract. I looked through the contract and I don't see any reference to breaking the contract at one month notice.

    Post number 12 shows the contract period from their T&Cs.


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    #18
    meep
    Registered Users Posts: 1,291 ✭✭✭meep


    Zillah wrote: »
    I meant in other circumstances, like if they find a better deal or don't like the quality of the service.

    In those circumstances, the customer can break the contract with 1 months notice but will be subject to a (hefty) cancellation penalty.

    The only way to get out of the contract without a cancellation fee is if eir change the terms. They will send a letter advising of the changes and what the customer options are.


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    #19
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    meep wrote: »
    In those circumstances, the customer can break the contract with 1 months notice but will be subject to a (hefty) cancellation penalty.

    The only way to get out of the contract without a cancellation fee is if eir change the terms. They will send a letter advising of the changes and what the customer options are.

    Seems a bit unfair then that the customer isn't compensated in the same way should they have to cancel a contract because Eir decide to increase the prices.


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    #20
    jlm29
    Registered Users Posts: 3,818 ✭✭✭jlm29


    We have a business account with eir, and got a letter telling us about it, but it also specified that we can withdraw from our contract with no penalty if we wish


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    #21
    BrokenArrows
    Registered Users Posts: 7,498 ✭✭✭BrokenArrows


    Its all stated in the contracts. Its bull**** but its what you sign up to.

    Its a pitty we cant randomly send them a letter saying we want to decrease our bill by 5%. If Eir dont like it they can withdraw from the contract penalty free. :D


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    #22
    amtc
    Registered Users Posts: 2,490 ✭✭✭amtc


    It's a ComReg decision that should a material change to terms, conditions, price occur in contract you are entitled to withdraw and you must be advised of this.

    In my case I was in unlimited contract with 3 (just started) for 60 euro with new Samsung phone for 18 months. I invoked it and am now on unlimited package of 29 euro on rolling 28 day contract and kept handset with no fee.


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    #23
    whiterebel
    Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,931 Mod ✭✭✭✭whiterebel


    amtc wrote: »
    It's a ComReg decision that should a material change to terms, conditions, price occur in contract you are entitled to withdraw and you must be advised of this.

    In my case I was in unlimited contract with 3 (just started) for 60 euro with new Samsung phone for 18 months. I invoked it and am now on unlimited package of 29 euro on rolling 28 day contract and kept handset with no fee.

    Its an EU Regulation. Comreg haven't the stones to take on the carriers like that.


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    #24
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    amtc wrote: »
    It's a ComReg decision that should a material change to terms, conditions, price occur in contract you are entitled to withdraw and you must be advised of this.

    In my case I was in unlimited contract with 3 (just started) for 60 euro with new Samsung phone for 18 months. I invoked it and am now on unlimited package of 29 euro on rolling 28 day contract and kept handset with no fee.

    What contract change happened with 3?


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    #25
    njs030
    Closed Accounts Posts: 4,030 ✭✭✭njs030


    emeldc wrote: »
    Seems a bit unfair then that the customer isn't compensated in the same way should they have to cancel a contract because Eir decide to increase the prices.

    When a customer tries to change the terms of the agreement by cancelling the contract early they are penalised by having to pay the rest of the contract.
    When the supplier tries to change the terms they are penalised by having to offer the customer the opportunity to leave the contract early.

    It's the exact same thing, in both cases the party changing the contract loses out.


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    #26
    TheMilkyPirate
    Registered Users Posts: 6,012 ✭✭✭TheMilkyPirate


    Slippin Jimmy wrote: »
    What contract change happened with 3?

    There 40e a month plan went up to 45


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    #27
    amtc
    Registered Users Posts: 2,490 ✭✭✭amtc


    It is a ComReg decision implementing an EU directive. A regulation has direct and immediate effect and there have been only two. Believe me, I work in this area.

    The 3 one was a price increase. It doesn't have to be for the package you are on.


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    #28
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    koura wrote:
    I want to stay in my current contract.


    Why? Eir will charge you up to 100 Euro extra a month if you go over 1TB data, whereas the exact same line via Skype or Vodafone won't have you having any extra charges if you decide to watch a lot of Netflix or other...


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    #29
    emeldc
    Registered Users Posts: 2,597 ✭✭✭emeldc


    notjustsweet wrote: »
    When a customer tries to change the terms of the agreement by cancelling the contract early they are penalised by having to pay the rest of the contract.
    When the supplier tries to change the terms they are penalised by having to offer the customer the opportunity to leave the contract early.

    It's the exact same thing, in both cases the party changing the contract loses out.

    Not quite the way I see it.
    If the customer breaks the contract they pay an exit penalty.
    If the customer stays after a price rise they pay an increased price penalty.
    Why should the customer suffer at all. EIR are the ones changing the terms of the original contract which in my opinion should be honoured before any price changes.


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    #30
    Former Former
    Closed Accounts Posts: 7,728 ✭✭✭Former Former


    emeldc wrote: »
    Not quite the way I see it.
    If the customer breaks the contract they pay an exit penalty.
    If the customer stays after a price rise they pay an increased price penalty.
    Why should the customer suffer at all. EIR are the ones changing the terms of the original contract which in my opinion should be honoured before any price changes.

    They're not changing the terms. They're changing the price, which is permitted under the contract.

    This is standard practice for pretty much all telecoms providers. Most of the time people are delighted to be able to get out early and shop around for discounts.


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    #31
    njs030
    Closed Accounts Posts: 4,030 ✭✭✭njs030


    emeldc wrote: »
    Not quite the way I see it.
    If the customer breaks the contract they pay an exit penalty.
    If the customer stays after a price rise they pay an increased price penalty.
    Why should the customer suffer at all. EIR are the ones changing the terms of the original contract which in my opinion should be honoured before any price changes.

    An increased price penalty? No they choose to stay and pay the increase rather than leave.

    They also chose to sign a contract with this company in the first place that had these clauses in it, no one is every forced to sign these contracts it's always a choice!


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