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ODCA forwarding eircom Flat Rate terms complaints to eircom

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  • 21-04-2005 3:14pm
    #1
    daymobrew
    Registered Users Posts: 6,511 ✭✭✭


    Last year when I terminated by eircom Flat Rate dial-up package. eircom made a mistake in the date they terminated my contract so I got hit with a large bill, per item 9.3 (see below) of the Flat Rate Terms & Conditions.
    As it was eircom's mistake I was refunded.

    I contacted the Office of the Director of Consumer Affairs (ODCA) about item 9.3 but they disagreed that it was an unfair term.

    Today I got an email from the ODCA about item 9.3:
    On receipt of a number of complaints in relation to the matter, this Office received legal advice that Clause 9.3 of eircom net's terms and conditions for dial up internet customers is not in breach of any consumer legislation. Nevertheless, this Office has strongly made the case with the company that it is in the best interests of consumers to change to 'pro-rata' billing for the final billing period and, failing this, to give higher visibility to the implications of Clause 9.3 which may not be understood by all consumers.
    The email went on...
    If your account has NOT been credited with the difference between the flat rate and the per minute rate for the final billing period, I would be grateful if you would let me have your eircom account number, the amount you were billed for the final period and permission to bring this to the attention of the company.
    So, if you are one of those NOT credited, you can contact ODCA at: odca@entemp.ie (entemp.ie is Department of Enterprise, Trade and Employment)

    The nasty item from the T&C:
    http://home.eircom.net/products/flatrate/terms
    9.3 On termination of this agreement for Flat Rate Services, the Customer will be charged eircom net Pay As You Go per-second rates for all calls made to the Flat Rate Service from the end of the previous Billing Period to the date of cancellation of the Service. For this last Billing Period, the customer will not be charged a Flat Rate Subscription.

    Please don't respond to this saying "You agreed to the T&C so you can't complain". I didn't complain to ODCA because I was out of pocket (I was refunded for their mistake) but on behalf of others who either didn't read the 5100 words in the T&C or didn't realise the deviousness of item 9.3.

    Can you imagine going to the cinema and being charged extra for leaving early?


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