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26-08-2013, 18:11   #1
Captain Morgan
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Cooling off period query UPC

I upgraded my UPC package to the new Horizon bundle over the phone on Thursday 15th August. The box arrived on Saturday 17th.

I've had nothing but problems with the box since it arrived and have been on the phone to their tech support 4/5 times in the last week at an average of 45 minutes a call I'd guess.

The TV is slow and sluggish and is constantly freezing. There is also a number of recordings where there is no sound. The box randomly reboots itself also.

The internet has gone terrible since upgrading also. Went from 50Mb to 150Mb and I'm lucky to get 10Mbps where as before I was getting 35-45Mbps.

The wifi coverage has also dropped so much you can only get decent signal in the same room as the box. Even in rooms next to it the signal is very low and speed suffers because of it. Generally getting 1Mbps or less.

I always thought a cooling off period was 7 working days, but UPC say it's 7 days and if I want to return to my old package I'll have to pay €150 to do so.

I was wondering is this correct? I agreed to a new contract on the phone but didn't get any documentation.

I'm very annoyed about the whole thing and amount of time I've wasted over the last week.
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26-08-2013, 18:18   #2
dudara
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Did you order by distance? ie. not in person? If so, the NCA says 7 working days. Working days are conventionally taken to mean Mon-Fri. I know this can vary but the convention is Mon-Fri in Ireland.

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The 'cooling off' period
When you buy an item on-line, by phone or catalogue you are given a "'cooling off; period of at least seven working days starting from the date you received your purchase. Before the end of the seven days you must decide if you want to keep the goods, or cancel the order and return the goods and get a refund.
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26-08-2013, 18:21   #3
Captain Morgan
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Originally Posted by dudara View Post
Did you order by distance? ie. not in person? If so, the NCA says 7 working days. Working days are conventionally taken to mean Mon-Fri. I know this can vary but the convention is Mon-Fri in Ireland.
Yeah I ordered over the phone.

UPC are adamant it's 7 days, not working days, and my cooling off period ran out on Saturday.

I spoke to the NCA and they told me to have a look at the contract but I can't see any mention of a cooling off period online and I didn't receive a written contract. They also advised the product is faulty and not fit for it's purpose but I thought using the cooling off period would be easier than going down that routes.
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26-08-2013, 18:23   #4
ken
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7 days or not if the machine is not working correctly surely they are in breech of contract. Tell them you want out because of failure to deliver the stated offer. If they create fuss tell them you want a copy of the recordings of your calls so you can show to the regulator you've been more than fair.
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26-08-2013, 18:25   #5
Captain Morgan
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7 days or not if the machine is not working correctly surely they are in breech of contract. Tell them you want out because of failure to deliver the stated offer. If they create fuss tell them you want a copy of the recordings of your calls so you can show to the regulator you've been more than fair.
I'm waiting to hear back from the Boards reps about it as the agent on the phone wasn't having any of it, stating I'm in contract and will have to pay €150 to cancel the TV. They told me it's because of the mercury in the remote and I'm not holding it straight enough.

All I want to do is go back to my old set up.

Their attitude over the last week has really annoyed me.
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26-08-2013, 19:12   #6
slimjimmc
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Quote:
Originally Posted by Captain Morgan View Post
Yeah I ordered over the phone.

UPC are adamant it's 7 days, not working days, and my cooling off period ran out on Saturday.


I spoke to the NCA and they told me to have a look at the contract but I can't see any mention of a cooling off period online and I didn't receive a written contract. They also advised the product is faulty and not fit for it's purpose but I thought using the cooling off period would be easier than going down that routes.
The law says otherwise.
Quote:
6. (1) There is an implied condition in a distance contract that -
(a) the consumer has a period of 7 working days in which to cancel the distance contract without giving a reason, and,
(b) if the consumer exercises that right of cancellation, he or she shall not incur any charges or penalties for so doing except the direct cost of returning the goods.
It might depend on the meaning of a "working day", since the regulations don't appear to define it.
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26-08-2013, 20:51   #7
Del2005
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Why don't you want a replacement? I've had Horizon for a few months now with no issues
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26-08-2013, 20:53   #8
Captain Morgan
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Why don't you want a replacement? I've had Horizon for a few months now with no issues
I've read of a few people having issues so thought cancelling within the 7 days would save a lot if headaches.

I never refused a replacement. I haven't been offered one yet.
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26-08-2013, 23:46   #9
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Quote:
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They told me it's because of the mercury in the remote and I'm not holding it straight enough.
Throughly intrigued: Would it be too much of derailment to ask you to elaborate?
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27-08-2013, 00:13   #10
Captain Morgan
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Throughly intrigued: Would it be too much of derailment to ask you to elaborate?
One of the issues I'm having with the TV service is the menus lag and won't register key presses, and if they do it could take 5/10 seconds before the box responds.

According to the rep I spoke to today this is because the remotes have mercury so they know which side of the remote is being used, the QWERTY side or the normal side.

If I don't hold the remote very straight the remote doesn't know what way it's being held, which apparently causes the lag.

I don't know what's worse, a remote with mercury or a remote that has to be on a flat surface to be able to use it.
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27-08-2013, 00:31   #11
Captain Morgan
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The majority of the remote hasn't been working all evening. (TV Guide, recordings, Menu, OK, etc.) and I can't reset the box as I'm moving a large amount of files across my NAS.
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27-08-2013, 13:33   #12
RangeR
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I'd...
  • keep a full document of every conversation and interaction with their support department.
  • use their support department every day in order to rectify the issues. They close late, I believe. 8pm ish
  • give them 30 days to come to a satisfactory resolution [a working service] or Horizon contract cancellation and re-instate old service without liability.
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05-09-2013, 19:34   #13
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I completely understand where you're coming from, I got it too, didn't realise the direct swap was limited broadband, have 100% more than my allwance in under two weeks. Haven't been able to get the HDMI to work from the start, keep getting a HDCP error. If I want to upgrade to the Unlimited package it'll cost me €45 and an extra €7 a month for what I already had before this Horizon BS. I am looking at cancelling at this stage as I haven't received what was advertised.
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