Utv broadband - mislead by salesperson

Nephew

My mother agreed to switch her phone over to UTV. She also took up their broadband package of 7mb which includes phone calls. The sales guy told her she would not be tied to a contract, partly why she switched. He also told her the first month of the broadband would be free and phone and/or broadband could be cancelled at any time without being penalised.

It turns out the phone line is only capable of 2mb max. She would not have taken the broadband if she had known this as the guy promised a 7mb line and said if the phone line was not capable of it she could cancel the broadband at any time. He said he would call to confirm what the phone line could actually handle. He never did.

I tried to get it up and running and the service is piss poor for a 1mb line let alone 2mb. When I called to cancel the trial period I was told there was no such thing as a free trial, it was a fixed 12 month contract and she was on a 3mb package. I was told that the guy called her to confirm that the line was not capable of 7mb and he got permission to proceed with the broadband, but he never did. They also told me it would cost €60 to cancel the broadband and if the phone was switched to another provider in the next 12 months that the full 12 month contract for the broadband would have to be paid in full.

Basically they are investigating it internally but it is a case of his word against my mothers and if he has lied as it is to potential customers he will surely lie to cover his ass from getting fired. What is the best way to proceed with this?

jor el

If this was done over the phone then they should have a recording of the order, and the conversation that took place. If they claim not to have a recording, then you can claim no contract exists, as they have nothing to back it up with.

Distance Selling rules may be of benefit to you here too
http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping-from-Home/distance-selling.html

You bought something that is not what was ordered, as you're on the 3Mbps package instead of 7, in which case you are entitled to cancel it without penalty, as it's not what you ordered.

If they didn't provide written confirmation of the contract, how it could be cancelled, minimum contract period, etc, then you have very strong case against them for miss-selling a service.

When in contact with them next, ask for the recording of the original order. If they refuse, tell them you will lodge a complaint with the data protection commissioner. Next tell them you are lodging a complaint to the NCA about their miss-selling of products. After that tell them to cancel the contract and return any money owed to you or you will file a small claims court case against them.

Nephew

Thanks Jor El. I really appreciate your advice. It was actually one of the salesmen who call to houses selling their products so unfortunately there's no voice recording

Yawns

They should have the voice recording of when he supposedly called to say the line couldn't handle 7mbs and got the go ahead for the 3mb?

91011

I've moved all lines & broadband from UTV internet cos their custoemr service is utter crap.

Moved premises and was told I had to put a line cancellation in writing - did so, no response. They claimed they never got it.

Did so again, no response, claimed they never got it again. (standard ormeau rd address with full postcode)

They then said I could e-mail the request (prior they said I coudn't) and that cancellation would only take palce 30 days after THEY responded to me.

Upshot is I cancelled 3 accounts with them and went back to eircom cos their rates / bundles are finally offering good value.

Never Utv again (and they used to be so good!)