Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Penalties under contract

Options
  • 19-06-2010 9:56pm
    #1
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭


    This comes about from this thread.

    Under Regulation 17 of the European Communities (electronic communications networks and services)(Universal Service and Users’ rights) regulations 2003 if o2 varies your contract you are then free to cancel the contract without penalty. Now o2 have been releasing people from their contracts and still retaining them as customers. Others have been released but told they must leave the network.

    Now, it is being argued that being told to leave the network amounts to a penalty. Now personally I disagree with this. I also contend that o2 are under no obligation to retain customers that cancel their contracts.

    Who is right in this situation?


Comments

  • Options
    #2
    JoeB-
    Registered Users Posts: 689 ✭✭✭JoeB-


    I think you are Haddockman..

    O2 end the contract, and then refuse to provide a new one. Their refusal to provide a new contract isn't an action taken under the old contract, and so isn't a penalty under the old contract.

    Also, it is likely that they can end any contract at any time for no reason, they might have to give 30 days notice, but in the end, if they don't want you as a customer then they don't have to take you on....


    I don't think it's ideal... as companies can simply refuse to deal with people who demand their rights.. for example, Vodafone ended my contract as I insisted that they honour the law in relation to contracts, and the minimum info which must be contained within them.

    (As per the whole COMREG 07/49 thing... i.e info on refund and compensation arrangments which apply if contracted service levels are not met must be specified within a contract, and it wasn't)

    It did take a long time for them to ban me.. perhaps a year or so, and they only banned me from the broadband dongle thing, not from the regular phone thing. Of course I moved provider anyway. I got 30 days notice of the impending ban.

    It is unfair... to ban people for making valid complaints.. but it is in the T&Cs, and COMREG don't want to help, so nothing can be done.

    Cheers so
    Joe


  • Options
    #3
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I rang O2 last week and asked to change my price plan. I was told I had to wait until August when I was six months into my contract. I heard about Regulation 17 on Wednesday and rang them again. Told them I wanted to change the plan if they didn't I would be exerecising my right under Regulation 17. She told me I would have to leave the network. I said that was fine. So she agreed to change me to a lower plan from monday if I stayed.


  • Options
    #4
    opinion guy
    Closed Accounts Posts: 11,001 ✭✭✭✭opinion guy


    Can we just clear up that O2 are NOT forcing people off the network, in fact its Vodafone that are doing is.


    In regards to them cancelling their number - I'm fairly sure they can't do this even if they no longer will provide you service. You legal types will know better than me but itsn't there some kind of regulatory protection of your number brought in with number portability a few years back ?


  • Options
    #5
    JoeB-
    Registered Users Posts: 689 ✭✭✭JoeB-


    Well, it seems that O2 are saying to some people that if they cancel a contract under Reg 17 then they must leave the network... however it also appears that when a user says 'ok' to that that O2 then say 'well, we'll actually keep you on'.. so it seems they're bluffing and that you have to call their bluff.


    On Vodafone dumping your number.. while it may be that they shouldn't be doing it they can just do it anyway, and you may have to go to Court to have the decision reversed.. so the Vodafone threat is valid, and it would affect many people's decision to exercise their rights under Reg 17.


    I think you would have to port your number to a new network, and then cancel your old contract under Reg 17, after the number has ported. Of course, that means that for a short period of time you would have had your old contract,. but with no number.. so you might have to get or buy a new SIM card just for that short period.


    The point is that companies can do whatever they want, even if it amounts to bullying... COMREG can be quite unhelpful and so in the end you may need to go to Court, which isn't ideal for anyone.

    Cheers so


  • Options
    #6
    cookie1977
    Registered Users Posts: 6,794 ✭✭✭cookie1977


    JoeBallantine wrote: »
    Well, it seems that O2 are saying to some people that if they cancel a contract under Reg 17 then they must leave the network... however it also appears that when a user says 'ok' to that that O2 then say 'well, we'll actually keep you on'.. so it seems they're bluffing and that you have to call their bluff.


    On Vodafone dumping your number.. while it may be that they shouldn't be doing it they can just do it anyway, and you may have to go to Court to have the decision reversed.. so the Vodafone threat is valid, and it would affect many people's decision to exercise their rights under Reg 17.


    I think you would have to port your number to a new network, and then cancel your old contract under Reg 17, after the number has ported. Of course, that means that for a short period of time you would have had your old contract,. but with no number.. so you might have to get or buy a new SIM card just for that short period.


    The point is that companies can do whatever they want, even if it amounts to bullying... COMREG can be quite unhelpful and so in the end you may need to go to Court, which isn't ideal for anyone.

    Cheers so

    When I rang to say cancel my contract I had no difficulties and they cancelled on the spot with no hassle. I'm still with them and they sent me an email to confirm that I've been removed from commitment with them. I'm fascinated by it all to be honest. I think they (the networks) are as unsure as us in how to handle it all and so are feeling their way through the quagmire. I'm sure though they are getting clarifications on everything to ensure it doesn't happen again.


  • Advertisement
Advertisement