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UPC contract

  • 24-08-2011 8:35pm
    #1
    Registered Users, Registered Users 2 Posts: 75 ✭✭


    I got UPC installed about 2 weeks ago, converted from sky. to get straight to the point, I dont like UPC at all, there isnt half as many channels sky offer and the menu/channel listings page annoys me (for no particular reason, it just does!).

    Anyway, I am in a 12 month contract with UPC with a €100 bail out fee, but, I have not paid my bill yet with them, so technically we are not in a legal contract, as one of the terms of a valid contract is money has to exchange hands - regardless of the sum, just to seal the deal as such.

    So, my question is, am I legally bound with them for the 12 months yet, or what? :confused:


Comments

  • Registered Users, Registered Users 2 Posts: 26,735 ✭✭✭✭noodler


    I am not sure that is correct?

    I am open to correction but I thought the fact you called them and got it installed would mean there is a contract.


  • Registered Users, Registered Users 2 Posts: 918 ✭✭✭Agent_99


    What is a contract?

    A contract is a formal agreement between two or more people that is enforceable by law. When you buy goods or services you enter into a contract with the seller. Contracts are made up of terms; some of which can be implied terms. Contracts may be written or oral. It is easier to know what the terms are in a written contract but an oral contract is also enforceable in law. Contracts may differ in many ways and there are no hard and fast rules governing what terms should be in a consumer contract.

    You have implied that you will pay for the service by having the equipment installed, so therefore a contract exists.



    Reference: http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    The terms of the UPC contract will say that payment is made on a agreed date each month. You are in a contract with UPC - the fact that no money has yet exchanged hands is irrelevant.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    eor123 wrote: »
    Anyway, I am in a 12 month contract with UPC with a €100 bail out fee, but, I have not paid my bill yet with them, so technically we are not in a legal contract,

    Incorrect.
    :rolleyes:
    as one of the terms of a valid contract is money has to exchange hands - regardless of the sum, just to seal the deal as such.

    They have provided you with a service, you agreed to the service being installed. You are in contract end of.

    Regardless of if you've paid them they are legally entitled to be paid and are legally entitled to pursue you for any and all payments' owed to them, such action may include passing to a debt collection agency.
    So, my question is, am I legally bound with them for the 12 months yet, or what? :confused:

    They have provided you with the service you subscribed to, the fact that you merely don't like it does not mean they are at fault. You not liking it is basically equal to a change of mind so nothing covers you under consumer law.

    If you break the contract you are liable for any charges.


  • Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    I was the same.

    I hated the interface and other features of the setup so had it uninstalled.

    The contract says you have seven days from date of activation to return it for a refund. You are now past that, so I think you are stuck with it.

    I have the upc tv box sitting here next to me waiting for the courier.


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  • Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    I was the same.

    I hated the interface and other features of the setup so had it uninstalled.

    The contract says you have seven days from date of activation to return it for a refund. You are now past that, so I think you are stuck with it.

    I have the upc tv box sitting here next to me waiting for the courier.


  • Registered Users, Registered Users 2 Posts: 2,828 ✭✭✭robo


    Not sure if this would work, but you could contact Sky & ask them if they want you back - would they pay the €100 bail out fee. It is a shot in the dark, but just maybe... some companies are desperate to get as many customers as they can!


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