Looking for some information.
I signed up for Meteor's 18-month 30 a month bill on a HTC in November. I received my first two month bills and discovered Meteor had signed me up to the 50 a month contract without my permission. When I contacted them about this they denied it. I then provided the bill that stated I was on the 50 a month contract and they provided a contract stated I was on this and they would not change it.
I then provided my physical copy of my contract stating I was on the 30 a month contract. They apologised and offered to change me back to the contract I was on. Obviously I had lost all confidence in them and I wished to cancel the contract under:
"Under Regulation 17 of the European Communities (Electronic Communications Networks and Services) (Universal Services and Users' Rights) Regulations 2003, an operator shall notify its subscribers to that service of the proposed modification in the conditions of the contract for that service and their right to withdraw without penalty from such contract if they do not accept the modification"
They tried everything to avoid cancelling the contract, including paying money back into my account on two occasions. I have repeatedly informed them that this is not what I want to do. I want to cancel without penalty. COMREG are now involved yet Meteor don't seem to want to budge on the issue.
I am curious on what chances I have of getting out of the contract? Am I legally entitled to cancel?
I would say no you are not entitled to Cancel using regulation 17 as long as meteor put you on the right tarriff and reimburse any money they overcharged, Regulation 17 is specifically for when companies put up prices or change the terms of a contract which meteor have not done in this case.
on the other hand though you have just signed up to a long contract which the network provider has tried to blatantly overcharge you for, you should be able to cancel on these grounds alone but that will require the return of the handset you got when you signed up.
I would wonder at how often this convenient "mistake" is made by all operators of signing people up on one rate then charging them a higher rate hoping they will not notice, this is most likely a <SNIP> by sales staff to increase their commission.
Thanks for the feedback.
I'll have to persevere and hopefully they'll back down and cancel the contract. I somehow doubt I'm the first person to encounter this problem!!
Thats a bit of a wild allegation to make!
So explain how this can happen without a 'new' contract document being produced and 'wrong' details being deliberately entered on setting up the customer?
I dont know but you'd still want something to back up a comment like that!
Well if you don't know why are you posting?
Well im not the one making the allegation am i?
Enough wasting space.
OP - as foggy_lad said, you won't be able to cancel the contract on the grounds you are seeking to cancel under. That Regulation doesn't apply in this case.
I understand, was curious.
Would I be entitled to cancel the contract on the grounds that this was misrepresentation by the company under law (The Sale of Goods and Supply of Services Act 1980 Part V (45)) and also negligence of the employee who changed my contract without my knowledge?
I'm just trying to gather as much information on the issue together as I can before I decide on what action to take.
You were put on the wrong price plan but as long as the company rectify this promptly and reimburse you for any overcharge they are upholding their end of the contract and will most likely expect you to do the same. You should get in touch with ComReg and ask them for advice on the issue but they may well tell you the same.
Don't know how online or telesales base their commission, but staff would not benefit from doing this at all in terms of commission. A Connect 20 (€20.33) plan would warrant the same value towards postpaid targets as Smart Unlimited (€86.40).
The only entity who could possibly benefit from that kind of mistake in terms of commission is the store itself as it may warrant a higher margin on the sale. But if the contract received says that it's the Smart €30 plan then that's what it should be, and that's what the stores margin will be based on.
I've no idea how they could produce one with €50 on it if the customers says €30.