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Comreg Website Information - Companies changing Terms and Conditions

  • 16-01-2011 2:07am
    #1
    Moderators, Technology & Internet Moderators Posts: 12,450 Mod ✭✭✭✭


    Here are some very welcome points from the Comreg Site which I had not seen before:

    http://askcomreg.ie/news/changes_to_contracts___consumer_rights.7.1024.LE.asp
    Changes to Contracts - Consumer rights

    4th January 2011

    ComReg notes that certain providers of telephone and/or electronic communications services are proposing changes to consumer contracts (terms and conditions) in the coming period. ComReg has made it clear to all service providers that press notifications (and other forms of notification not sent to subscribers individually) are not considered as meeting the requirement of the Regulations. ComReg would like to remind consumers of their rights in relation to this matter; please see related consumer FAQs

    (My emphasis)

    http://www.askcomreg.ie/home/is_my_service_provider_allowed_to_change_the_terms_and_conditions_of_a_package_i_have_signed_up_for_.1.202.LE.asp
    Is my service provider allowed to change the terms & conditions of a package I have signed up for ?

    In many cases, your service provider can change the terms and conditions of your package. However, your service provider must give you at least one month’s notice of the proposed change to your package and details of your right to withdraw from your contract, without penalty, if you do not accept the proposed change to your contract terms.

    Related FAQs include
    Does my service provider have to let me know if it is changing my terms & conditions?
    Yes, your service provider must let you know about the proposed changes to your terms and conditions at least one month in advance of when the new terms and conditions become effective. Additionally, your service provider must also give you details of your right to withdraw from your contract, without penalty, if you do not accept the proposed change to your contract terms. A press notice and/or a notice on your service provider’s website are not sufficient to let you know about the proposed changes to your contract terms and your right to withdraw.

    What do I do if my service provider did not let me know that it is changing my terms & conditions?

    If you did not receive notice from your service provider about changes to its terms and conditions and you have now realised that the terms have changed you should contact your service provider to enquire about its process for notifying you of the proposed changes and your right to withdraw. If you are not satisfied that you were appropriately notified, at least one month in advance, you should lodge a formal complaint with your service provider. If your complaint is not dealt with appropriately, you can escalate the matter to ComReg’s ConsumerLine.

    Consumer link:

    http://www.askcomreg.ie/about_us/contact_us.26.LE.asp

    If companies have been advised by Comreg of what appropriate notice is required then surely when a company ignores this advice it should be taken to task immediately by Comreg and instructed to postpone any increase until such time as the proper procedure has been followed?


Comments

  • Registered Users, Registered Users 2 Posts: 8,493 ✭✭✭RedXIV


    OK so just so I get this 100% straight....

    For example, My bill in Decemeber came to 168 quid, almost 3 times its usual cost, we got no warning letter, no phonecall, nothing. When we queried it, we found out about the fair usage policy. I've no problem with that had they told me

    When talking to them recently, the rep we were talking to admitted that the notice letter they sent got returned back to them, so would that be enough proof to show that we weren't given adequate notice?

    I'd really like to get out of a big bill if possible :)


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    No, the FUP is in the T&Cs, as is the charge for going over the cap. This refers to changes to the pricing structure, as happened on January 4th, that they didn't notify their customers about.

    If your speed was 15Mbps or lower, you've been hit with a price hike of a couple of euro per month. If you were 30Mbps, there is no price change. Customers were not individually notified of this price change, which is a breech of regulation requirements. Comreg are not investigating this however, because they believe that they haven't had enough complaints to warrant it.


  • Closed Accounts Posts: 2,150 ✭✭✭Johnmb


    jor el wrote: »
    No, the FUP is in the T&Cs, as is the charge for going over the cap. This refers to changes to the pricing structure, as happened on January 4th, that they didn't notify their customers about.

    If your speed was 15Mbps or lower, you've been hit with a price hike of a couple of euro per month. If you were 30Mbps, there is no price change. Customers were not individually notified of this price change, which is a breech of regulation requirements. Comreg are not investigating this however, because they believe that they haven't had enough complaints to warrant it.
    I wonder where it is written in their terms of reference that more than one complaint is needed before they can act, and how many complaints their terms of reference require....


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Johnmb wrote: »
    I wonder where it is written in their terms of reference that more than one complaint is needed before they can act, and how many complaints their terms of reference require....

    I would say it isn't, but I read a Comreg response in another thread where this was their excuse for not doing anything. Anyone that has recently had a price increase (without pre-notification) should submit a complaint to Comreg, whether you're unhappy with the price increase or not. UPC should be told to undo that price increase, and refund everyone the difference, and then write to every single customer and inform them of the new price before applying it.


  • Registered Users, Registered Users 2 Posts: 32,417 ✭✭✭✭watty


    Comreg are rarely proactive in any area. They rarely investigate anything without complaints.


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  • Moderators, Technology & Internet Moderators Posts: 12,450 Mod ✭✭✭✭dub45


    watty wrote: »
    Comreg are rarely proactive in any area. They rarely investigate anything without complaints.

    Unfortunately that seems to be the case. However if a multinational company feels that it can give comreg and its customers the v sign by imposing what is according to the comreg site an illegal price rise what hope is there for any company complying with its own Terms and Conditions?

    Lets get this straight. Comreg say that they informed the companies that press and web site notice of a change in Terms and Conditions wasnt sufficient. (This of course should have been done ages ago but better late than never!)

    UPC went ahead and effectively imposed a price increase on its customer in breach of its own Terms and Conditions and Comreg's warning. This price increase which is "illegal" could yield €750,000 for them in January alone if we average the increase at €1 per customer per month.

    Now if that type of "irregular" action which yields a considerable amount of money for the company doesn't require a strong response from the regulator what does?


  • Registered Users, Registered Users 2 Posts: 4,051 ✭✭✭bealtine


    dub45 wrote: »
    .

    Now if that type of "irregular" action which yields a considerable amount of money for the company doesn't require a strong response from the regulator what does?

    Unfortunately contrary to the high sounding protection of the consumer stuff Comreg come out with, they don't give a damn for consumers. They regulate for the industry not the consumer.
    If you want to follow Comreg's motivations follow the money"...they get paid a percentage of the turnover of the telcos so price increases mean more revenue for Comreg. This is one of the reasons we have the highest line rental on the planet. It's called "regulatory capture" and Comreg are a typical case of it.
    The only solution is the abolition of Comreg or the complete restructuring of them to BE a consumer focused organisation.


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