Cancelled Eircom Anytime, on to IOL Trial

eirebhoy

I got the IOL Broadband trial last month and set it up on the 17th of September. I was previously with Eircom anytime getting charged é24 per month for 150 hours so I cancelled that just last week. I didn't dial Eircom's 1893 number ever since the 17th so I obviously didn't dial it since I cancelled the Eircom anytime.

I just got my bill today and I haven't been charged my é24 for anytime but I was charged é84 for the internet from 9th - 17th of September. I was expecting to get charged the é24 for this months usage as I was using Eircom anytime on those dates, 9th-17th. As I said I only cancelled my Internet Subscription last week but they said on the phone, since I cancelled it during the time of my current bill I was being charged at the same price as a local call.

If you think about it, if I waited and cancelled it today I would have just been charged my é24. Surely they could have told me this on the phone as I was cancelling.

Is there anything I can do about this? talking to that Robot on the phone is the last resort.

Cheers.

Ripwave

eirebhoy wrote:

If you think about it, if I waited and cancelled it today I would have just been charged my é24. Surely they could have told me this on the phone as I was cancelling.

They told you in the terms and conditions when you first signed up. It's a total con-job, but the contract is very, very explicit about that.

The only saving grace is that the contract also says that you must give the 30 days notice in writing of your intent to cancel. So if you want to argue with them, you can try to make the case that you aren't really cancelled until the end of the billing cycle. You'll still have to pay the extra €25, but if you can get them to agree, it'll save you something.

eircomtribunal

eirebhoy wrote:

Is there anything I can do about this? talking to that Robot on the phone is the last resort.

Don't let people (and Comreg!) make you believe that just because something is written in the terms and conditions (like in this case clause 9.3, on foot of which Eircom tries to extract money from you) makes the clause valid. Imagine they'd included in the small print that you would forfeit your life if cancelling earlier than at the end of the billing period date!

The terms and conditions have to be appropriate and justified for the nature of the contract. Eircom try to hit people with €300+bills in connections with €30/month contracts. While most people will avoid the hassle of bringing Eircom to court on this and simply pay up, the terms and conditions of this contract would not stand up to a challenge.

The Oireachtas Committee on Communications will hold a hearing on Eircom's billing etc and if Eircom does not resolve that issue very soon, the hearing will be an apt place to investigate this issue.
Headline: "Eircom booby-trapped flat-rate Internet products – Comreg knew but did nothing to protect the consumer"

Besides the above argument, there is ripwave's valid point that you can claim on t&c 9.4 (cancellations have to be in writing with 30 days notice) that Eircom is in breach of the t&c.

On a technical side there is another valid argument:
The 1893 number is a number dedicated by Comreg as a flatrate/semi-flatrate number. Only when your package hours are overreached can the calls be charged at per minute fees. You made your calls up to the cancellation on a flatrate basis and Eircom has no right to retrospectively change the nature of those calls as per minute calls. It would be different for calls after you cancellation date.

P.

Have people been hit by these charges who did not go to another provider, but who migrated to a different Eircom FRIACO or dsl package?

govinda

Have people been hit by these charges who did not go to another provider, but who migrated to a different Eircom FRIACO or dsl package?

I was. I terminated my Eircom Anytime account because they dragged their heels over adding my new number following an ISDN/hi-speed line install - I can't believe that it could take even Eircom.net one week to add a new number. I was bounced from pillar to post between Eircom.net and Eircom (phone).

When hi-speed was installed, Eircom (phone) cancelled my CPS agreement without informing me (this has already been discussed in another thread for anyone getting deja vu!) - and I complained loudly to them, ComReg and the Dept. of Comms. As a result, Thomas Ryan in Eircom Escalations agreed to refund me all call charges on my next Eircom bill - as this included the retro-charged calls to Eircom.net Anytime, I escaped the charges.

simonm2

Hi,

I am in the same boat - look at http://www.boards.ie/vbulletin/showthread.php?t=187362.

I am currently awaiting the result of my small claims court process to see what to do next. If it finds in my favour I will go after eircom for compensation as they cut off my telephone in the meantime.

Eircom customer service and complaints haven't a bull's notion what is right/wrong true/false. The T&C would be as watertight as a fishing net if it came to court. What I have established from my posts (link above)

1) some customers are warned when they telephone to cancel the service and are told to wait till the end of the billing period. Some are not informed.

2) at least one person has got a refund for a hundereds of Euros in the same circumstances.

According to Eircom Ripwave and eircomtribunal are wrong.

3) Eircom have told me explicitedly, in writing, that section 9.4 does not apply to the anytime package (see above above Eircom staff not having a bull's notion).

4) eircom refused to refund me saying it would be "unfair" to other customers. (but point 1 &2)


If you are willing to go through the talking computer and can eventually get to a human being (might be better used the complaints number) you may eventually get through to someone willing to refund you. It will be a hard slog.

If you want to wait a bit, I will be posting the results of my small claims application when I get a result, whatever the outcome. I hope it will be within the next 2 weeks.

simonm2

eirebhoy wrote:

Is there anything I can do about this?

Cheers.

Have a look at the other thread. In essence, Eircom have settled the small claims court procedure in my favour in exactly the same circumstances. I haven't the full details yet - but I will post everything in the not too distant future.

eircomtribunal

simonm2 wrote:

Have a look at the other thread. In essence, Eircom have settled the small claims court procedure in my favour in exactly the same circumstances. I haven't the full details yet - but I will post everything in the not too distant future.

Great to hear that. Can't wait to hear the details.

P.

P.S.

I am aware of another case where Eircom privately settled in favour of the customer. The bill was in the 300 euro region.

I would assume that people who were hit by smaller sums would not have complained, or even noticed. Comreg, if they want to have any credibility, should make sure, that all customers hit by this Eircom booby-trap, will have their charges refunded.

shoegirl

This sounds like what happened to me when I moved house and closed my phone line. They charged me the full cost of the internet charges instead of simply allowing me my 25hrs per month. What annoyed me was that effectively that was retrocharging me after the calls had already taken place, besides I had advised eircom to close my line in the same call as I made to open my new line.

Needless to say, I chose esatBT for my internet access in the new line, though with their shocking lack of billing management (which is borderlining on the utterly illegal) I don't know if I am that much better off.

To be honest I didn't read the t&c so I suppose I've no excuse, it was very annoying, however, to be effectively overcharged by about 20-30 euros.

eircomtribunal

shoegirl wrote:

To be honest I didn't read the t&c so I suppose I've no excuse, it was very annoying, however, to be effectively overcharged by about 20-30 euros.

What if the t&c had included the term that you'll forfeit one of your kidneys?

There is no excuse for Eircom to booby-trap this simple contract with this clause. Such an inequitable termination penalty hidden under the boilerplate would not stand in court and one single telephone call of a regulator with balls to the incumbent should have solved the issue.

P.

DonegalMan

simonm2 wrote:

Have a look at the other thread. In essence, Eircom have settled the small claims court procedure in my favour in exactly the same circumstances.

I forgot to update this with my own story.

When I got Broadband (not with Eircom), I cancelled my Anytime account and was landed with a bill for €180 because of calls being backdated at per-minute rates to the previous billing date.

I refused to pay it, told them Comreg had said this was wrong and that I knew at least one other person who had successfully taken them to Small Claims Court over it.

They gave me a credit of €180 without any further argument

The moral of the story is - Eircom are like all bullies, you have to stand up to them !

Martin

eircomtribunal

DonegalMan wrote:

They gave me a credit of €180 without any further argument
The moral of the story is - Eircom are like all bullies, you have to stand up to them !

Martin

When was this? Fair play to you.

Since a few years there is very strong T&C law in place which unambiguously prohibits clauses like Eircom's.

People should not have to know or find out, and deal with this sort of illegal practises themselves. Eircom should be held accountable for this by the ODCA and/or ComReg, just like the banks are lately treated. It is not good enough for Eircom to pay out the few who notice and are able and willing to stand up.
A lot of people are caught out by this swindle with minor sums and it is not worth the bother to complain.
It just ain't right.

P.

DonegalMan

eircomtribunal wrote:

When was this?

Back in Jan/Feb

Fair play to you.

You're surprised at me fighting with Eircom? LOL

People should not have to know or find out, and deal with this sort of illegal practises themselves. Eircom should be held accountable for this by the ODCA and/or ComReg, just like the banks are lately treated. It is not good enough for Eircom to pay out the few who notice and are able and willing to stand up.
A lot of people are caught out by this swindle with minor sums and it is not worth the bother to complain.
It just ain't right.

P.

I agree entirely, that's why I posted this as I'm sure Eircom are still doing it to this day and that people are just paying it.