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Can I cancel my contract with UPC without paying charge if not getting proper service

  • 29-10-2012 1:12pm
    #1
    Registered Users, Registered Users 2 Posts: 1,826 ✭✭✭


    I'm on record as ringing UPC about 10 times in the last 2 weeks to report broadband faults as my wireless connection keeps dropping every 15 minutes or so. They keep changing what channel i'm on and various other things to try and fix it.

    Anyway it's still happening, so I'm not getting the service I'm paying for. Now I want to move out of my place and cancel the contract but I still have a few months I think before my 12 months is up. Have I the right to cancel my contract with them due to not getting what I'm paying for?


Comments

  • Registered Users, Registered Users 2 Posts: 3,088 ✭✭✭aaakev


    I left last year for similar reasons and they tried coming after me for €200. I just refused to pay it and then they sent it to their collectors who started to hound me. I called them and explained what had happened and told them not to contact me again, i got one more letter the following week which i just marked as return to sender and sent it back and never heard anything again. That was between jan and april last year


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,375 CMod ✭✭✭✭Nody


    Hold on; is it ONLY your wireless that is having issues? If you plug in a network cable everything works fine? Because that's an easy fix...

    As to the question, you need to have a long history of issues before you can cancel with out cancellation fee, two weeks would not cut it.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    In all honesty OP you kind of give it away in that you now want to move out. Internet is important to me but it wouldn't make me move house! I'm assuming you are moving anyway - that puts this in excuseville. That said you should be receiving decent service. I would suggest sending them a letter stating they have ten working days to replace the router or you will repudiate the contract on the basis on them not providing you with the service you contracted for.

    That is not the end of matters when it comes to a contract, however. They may still insist the contract is valid and that would be for a court to decide. There are several factors to consider.

    Is it a material breach?
    Is it something on your site?
    Is it reasonable to repudiate a contract based on 4 weeks of patchy service?

    I'm not trying to make a call on the above it's up to you.

    In all likelihood UPC will keep billing you. Thats fine unless they, or a debt collection agency, tries to take you to court. If so then you will be relying on the letter you sent to say 'look they were at fault'. If you have access to a FLAC centre I'd run it by them. In the UK non-payment of bills in registered with credit referencing agencies, I have no idea if that happenins in Ireland or whether there has to be a judgment against you before your credit is effected.


  • Registered Users, Registered Users 2 Posts: 1,826 ✭✭✭podge018


    Nody wrote: »
    Hold on; is it ONLY your wireless that is having issues? If you plug in a network cable everything works fine? Because that's an easy fix...

    what's the fix please?


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    podge018 wrote: »
    what's the fix please?

    Get UPC to replace the wireless router or update its firmware, that's what they'll probably do anyway as soon as you try to cancel the service.
    Or as a work around, use a network cable.
    Bear in mind it may not be router at all, it may be your computer that's dropping the connection.

    If it's only WiFi that is unstable but the RJ45 connection is ok then I doubt you have any grounds for cancellation.


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  • Closed Accounts Posts: 1,188 ✭✭✭UDP


    Upc can't be held responsible for interference to your wireless unless it is caused by a router hardware or software fault which is unlikely.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    I find the most reliable 'wireless' network connection is a bloody long cat5 cable.

    If it's too far for a cable its probably too far for wireless in my experience. I hat wireless connection for anything other than light browsing in all honesty.


  • Registered Users, Registered Users 2 Posts: 1,826 ✭✭✭podge018


    it drops on my ps3 and the girlfriend's laptop too. Had this problem before and they replaced the box, looks like it's the same problem. The EPC3925 is notoriously ****e.


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


    Moved to the Broadband forum to see if the guys there can offer some assistance

    dudara


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