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Threatened by Eircom

  • 19-03-2013 4:24pm
    #1
    Registered Users, Registered Users 2 Posts: 21


    I am receiving threats of legalaction for failing to pay charges I do not believe I have incurred.

    Despite having requested atranscript of the so called “verbal contract” in the middle of February, I have had no further contact with Eircom until today, when I received another demand for payment, this time including a threat of legal action. 

    I am told that I verbally renewed mycontract over the phone with you on 25/09/2012

    I do not recall agreeing to acontract renewal. I do recall being told that line speeds would improve

    This obligation was not fulfilled,yet I continued to be charged for the service.  

     

    I have reviewed ComReg guidelineswhich state that any verbal Customer Authorisation Form (vCAF) I have with you should be recorded and stored. I have been waiting for you to provide me with a copy of the call in which you claim the contact was renewed. Instead I received a letter with a threat of legal action.  

     

    If you can listen to the call, I amconfident that you will see that no verbal agreement of renewal was ever entered into, and will remove the charge.

     

    If you cannot provide a copy of thecall, then I expect the erroneous charge to be written off as a gesture of good faith. I have been a loyal customer of Eircom for many years, and only changed providers when, despite frequent assurances, service failed to improve. I believe that it is the least you can do.


Comments

  • Closed Accounts Posts: 3,441 ✭✭✭eircom: Mark


    bobsoper wrote: »
    I am receiving threats of legalaction for failing to pay charges I do not believe I have incurred.

    Despite having requested atranscript of the so called “verbal contract” in the middle of February, I have had no further contact with Eircom until today, when I received another demand for payment, this time including a threat of legal action. 

    I am told that I verbally renewed mycontract over the phone with you on 25/09/2012

    I do not recall agreeing to acontract renewal. I do recall being told that line speeds would improve

    This obligation was not fulfilled,yet I continued to be charged for the service.  

     

    I have reviewed ComReg guidelineswhich state that any verbal Customer Authorisation Form (vCAF) I have with you should be recorded and stored. I have been waiting for you to provide me with a copy of the call in which you claim the contact was renewed. Instead I received a letter with a threat of legal action.  

     

    If you can listen to the call, I amconfident that you will see that no verbal agreement of renewal was ever entered into, and will remove the charge.

     

    If you cannot provide a copy of thecall, then I expect the erroneous charge to be written off as a gesture of good faith. I have been a loyal customer of Eircom for many years, and only changed providers when, despite frequent assurances, service failed to improve. I believe that it is the least you can do.

    Hi bobsoper,

    I have been looking through your previous case with us and sent you a PM.

    Thanks, Mark


  • Registered Users, Registered Users 2 Posts: 21 bobsoper


    Hi Mark

    I hadcontacted Eircom  customer service beforeI was talking to Linda, they assured me that the matter would be taken care of but would take about 14 days and I would be contacted about the outcome. Today I receive a threaten letter, so much for dialogue

    I have notcontacted the complaint department per se as I thought the matter was being dealt with.

    I wouldprefer to deal with the matter on this forum as I no longer trust Eircom to make a telephonic reply


  • Closed Accounts Posts: 6,831 ✭✭✭eircom: Alan


    bobsoper wrote: »
    Hi Mark

    I hadcontacted Eircom  customer service beforeI was talking to Linda, they assured me that the matter would be taken care of but would take about 14 days and I would be contacted about the outcome. Today I receive a threaten letter, so much for dialogue

    I have notcontacted the complaint department per se as I thought the matter was being dealt with.

    I wouldprefer to deal with the matter on this forum as I no longer trust Eircom to make a telephonic reply

    Hi bobsoper

    I have sent you a private message in relation to this.

    Regards

    Al


  • Registered Users, Registered Users 2 Posts: 21 bobsoper


    Hi Mark
    I contacted the complaints department as you suggested and received the standard response stating that my complaint would be dealt with within ten working days
    As this matter had been reported through Eircom customer care in the middle of February and has not been acted upon except for the threat of legal action, although they, also, promised resolution within  ten days, without the suspension of the threat of legal action within those same ten days, their response to this problem is totally  unacceptable.


  • Closed Accounts Posts: 3,441 ✭✭✭eircom: Mark


    bobsoper wrote: »
    Hi Mark
    I contacted the complaints department as you suggested and received the standard response stating that my complaint would be dealt with within ten working days
    As this matter had been reported through Eircom customer care in the middle of February and has not been acted upon except for the threat of legal action, although they, also, promised resolution within  ten days, without the suspension of the threat of legal action within those same ten days, their response to this problem is totally  unacceptable.

    Hi bobsoper,

    I spoke to a manager in the customer care team. We have your case with us logged on the 20th. Can you confirm the name of the agent you spoke to in customer care?

    Thanks, Mark


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  • Registered Users, Registered Users 2 Posts: 21 bobsoper


    I didn't speak to an agent today, I contacted them by email


  • Registered Users, Registered Users 2 Posts: 21 bobsoper


    Hi Mark
    I believe the agent I spoke to on Feb 20 or thereabout was named Tony


  • Closed Accounts Posts: 3,441 ✭✭✭eircom: Mark


    bobsoper wrote: »
    Hi Mark
    I believe the agent I spoke to on Feb 20 or thereabout was named Tony

    Hi bobsoper,

    I checked with our customer care complaints team today, they still have no record of a call or e-mail to them.

    We are not trying to delay a response to your issue, however we were unable to get a record of the call to see if you were advised of the new contract. So logging an official case with customer care is the next step to escalate that.

    Can you give them a call on the number I PM you on the  19-03-2013?

    Thanks, Mark


  • Closed Accounts Posts: 3,441 ✭✭✭eircom: Mark


    bobsoper wrote: »
    Hi Mark
    This is a copy of the  email I sent to complaints and the reply I received


    early release charge

    [img=32x32]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image002.gif[/img]

    Bob Soper  

    12:55 PM (23 hours ago)[img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img]
     
    [img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img][img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img]
    to ccm [img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img]


    Accountno (removed)

     

    Itried to resolve this matter on Boards.ie but was referred to you.

     

    Despitehaving requested a transcript of the so called “verbal contract” I have had no further contact with Eircom until today, when I received another demand for payment, this time including a threat of legal action. If the sales call made on 25/09/2012 is reviewed it will include promises to the line and broadband services. These promises have never been fulfilled.

    I feel that I have been duped by a con artist, tyingme to a contract, for below standard service, for twelve months by promising the saving of a few pence for six months and then repeating the same process six months later.

     

    I am receiving threats of legal action for failing topay charges I do not believe I have incurred.

    Despite having requested a transcript of the so called“verbal contract” in the middle of February, I have had no further contact with Eircom until today, when I received another demand for payment, this time including a threat of legal action. 

    I am told that I verbally renewed my contract over thephone with you on 25/09/2012

    I do not recall agreeing to a contract renewal. I dorecall being told that line speeds would improve

    This obligation was not fulfilled, yet I continued tobe charged for the service.  

     

    I have reviewed ComReg guidelines which state that anyverbal Customer Authorisation Form (vCAF) I have with you should be recorded and stored. I have been waiting for you to provide me with a copy of the call in which you claim the contact was renewed. Instead I received a letter with a threat of legal action.  

     

    If you can listen to the call, I am confident that youwill see that no verbal agreement of renewal was ever entered into, and will remove the charge.

     

    Ifyou cannot provide a copy of the call, then I expect the erroneous charge to be written off as a gesture of good faith. I have been a loyal customer of Eircom for many years, and only changed providers when, despite frequent assurances, service failed to improve. I believe that it is the least you can do

     

     Irequest that all threats of legal action are suspended until such time as the proof of the debt is established



     

     

     

     

     

     

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    [img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img][img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img][img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img][img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img]Thank you for your e-mail re:"early release charge" (KMM100736​96I20425L0​KM)  
     
     
     
     
     
    Inbox
     
    x
     
     
     
     
     
     
    [img=32x32]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image002.gif[/img] eircom Customer Care Management

    Mar 20 (1 day ago)[img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img]
     
    [img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img][img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img]
    to me [img=1x1]file:///C:/Users/Win7/AppData/Local/Temp/msohtml1/01/clip_image003.gif[/img]

    Dear Bob Soper (address removed)Thank you for your e-mail received 20/3/13.We will assign your complaint to the appropriate area for resolution.Please note that we resolve the majority of complaints received withinten working days, so you can expect to be contacted within thistimeframe.Please be assured we have received your complaint and we aim to resolvethis as soon as possible.Kind regards,eircom customer service


    Hi bobsoper,

    Thanks for getting back to me. I will follow up with the e-mail section who escalate the complaints to managers in the relevant section and get back to you.

    Thanks, Mark


  • Registered Users, Registered Users 2 Posts: 21 bobsoper


    Hi Mark
    I have just spent over a hour on the phone, most of it on hold, and with the help of three very efficient ladies I think I am at last going to get this problem resolved.
    I thank you and everyone involved in this matter.


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  • Closed Accounts Posts: 3,441 ✭✭✭eircom: Mark


    bobsoper wrote: »
    Hi Mark
    I have just spent over a hour on the phone, most of it on hold, and with the help of three very efficient ladies I think I am at last going to get this problem resolved.
    I thank you and everyone involved in this matter.

    Hi  bobsoper,

    Followed up with customer care and I can confirm the case has been escalated to have the call listened to.

    21/03/2013 13:35:31

    I will track the progress and get back to you.

    Thanks, Mark


  • Registered Users, Registered Users 2 Posts: 21 bobsoper


    Hi Mark

    After await of three weeks Eircom have finally informed me that they have located (not listened to) the call recording from the sales rep and they are standing by the early cease charges I am disputing.

    However I canonly get a copy of this recording if I pay for it.

     

    This seemsto amount to extortion.

     

    Perhaps Ishould accept what they say because a large corporation is rarely mistaken and never tells lies.

    It is howeverstill my belief that I owe nothing and until such time as Eircom provide proof to the contrary that will remain my position.

     

    So to datethe communication has been basically:

     

    “Pay usmoney.”

    “I do notbelieve I owe any money.”

    “If you donot pay us we will take steps to get the money you owe.”

    “Prove tome that I owe you money,”

    “We haveproof but you can’t have it unless you pay us money.” 

     

    As Iunderstand it if a legal contact exists between two parties, both should have access without let or hindrance.

    By theircontinual refusal to accede to my reasonable request for proof of contract without preconditions is tantamount to denying my legal and civil rights.


  • Closed Accounts Posts: 4,476 ✭✭✭Samba


    I actually clicked on this thread by mistake!
    Anyhow - http://www.dataprotection.ie/viewdoc.asp?DocID=14


  • Registered Users, Registered Users 2 Posts: 21 bobsoper


    I thank you for your imput Samba and I am well aware  of the data protection act but as this dispute is between two known parties who are both freely entitled to the information it is contrary to the spirit of the act that one party should force the other to pay for said information.


  • Closed Accounts Posts: 3,441 ✭✭✭eircom: Mark


    bobsoper wrote: »
    Hi Mark

    After await of three weeks Eircom have finally informed me that they have located (not listened to) the call recording from the sales rep and they are standing by the early cease charges I am disputing.

    However I canonly get a copy of this recording if I pay for it.

     

    This seemsto amount to extortion.

     

    Perhaps Ishould accept what they say because a large corporation is rarely mistaken and never tells lies.

    It is howeverstill my belief that I owe nothing and until such time as Eircom provide proof to the contrary that will remain my position.

     

    So to datethe communication has been basically:

     

    “Pay usmoney.”

    “I do notbelieve I owe any money.”

    “If you donot pay us we will take steps to get the money you owe.”

    “Prove tome that I owe you money,”

    “We haveproof but you can’t have it unless you pay us money.” 

     

    As Iunderstand it if a legal contact exists between two parties, both should have access without let or hindrance.

    By theircontinual refusal to accede to my reasonable request for proof of contract without preconditions is tantamount to denying my legal and civil rights.

    Hi bobsoper,

    I apologise for the delay in getting back to you.

    I was reviewing the case with managers in eircom customer care and data protection.

    As per the official complaint you logged, the call was listened to and the contract was advised. A manager in complaints contacted you back to confirm this with you and outline the early contract cease charges will stand.

    As you quoted customers are entitled as per regulations to list to a recording of the call.


    "I have reviewed ComReg guidelineswhich state that any verbal Customer Authorisation Form (vCAF) I have with you should be recorded and stored. I have been waiting for you to provide me with a copy of the call in which you claim the contact was renewed. Instead I received a letter with a threat of legal action." 

    As you aware telecommunication companies are within regulations - "You may be asked to pay a fee, but this cannot exceed €6.35".

    So we have advised you that in order to send out a hard copy of the call recording we require that you accept the charge to do so as per regulations.

    You are well within your rights to chose not to pay the charge if you wish. However that does not constitute failure by eircom to provide the call recording. So eircom will not be negating the contract / charges on that basis.

    Thanks, Mark


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