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Eircom's 30 Day Notice Rule Change

  • 10-06-2013 8:42pm
    #1
    Registered Users, Registered Users 2 Posts: 301 ✭✭


    I've been having a problem with Eircom and I hope this mightbe a good forum to resolve my issue and if not, it might be a good opportunity to vent my frustrations and tell others about what I consider unjust practices.

    I had been a long time Eircom customer for Land Line andBroadband and I knew for quite some times there were much better deals out there, but I stuck with Eircom out of some twisted loyalty. I had been thinking of switching for a few years but hung on for a long promise of NGB in my area that hasn't happened after promises for the past few years. Anyway I finally decided to switch and the best deal I could find for my area and my needs was Vodafone, first I called Eircom and asked if they could give me a better deal, but they couldn't, so I called Vodafone and made the switch.

    When I received my final bill from Eircom I was shocked tosee they were charging me for a cancellation fee. I was confused since I was no longer in contract, my original contract was only for 12 months and that had finished years earlier and at the time my contract was agreed to there was no 30 day notice requirement. After questioning this, Eircom told me that in February, 2011 a change was made requiring all customers to provide a 30 days’ notice in writing prior to cancellation or you would be subject to acancellation fee. I honestly told them I had no recollection of any notification and I keep all of my mail and I have thoroughly examined all of my Eircom mail and I could not find any such notification. I never signed any new contract or verbally agreed to these new terms. Be aware that contract modification can only occur when both parties agree to the changes and a contract cannot be modified in whole or in part, by one party without formally notifying the other party and for any modification to a contract to be considered valid, all parties must agree to the subsequent changes.  If one of the parties does not agree to acontract modification, then the changes are not legal or enforceable and only valid modifications are binding according to contract law.

    I have called Eircomand sent several letters and emails about this issue and to no satisfaction. In fact the replies I have received from Eircom have been very nasty and arrogant. In the latest response from Eircom they claimed if I did not receive this notice of change "please be advised that per our terms and conditions of telephone service section 2 it states: Use by the Customer or by another person(whether or not such a person is acting with the authority of the Customer) of any telecommunications service provided by eircom, shall be deemed to constitute an acceptance of this Agreement." So in other words they are saying that even if I didn't receive notification of the new Eircom policy, because I continued to use the Eircom service, I was agreeing to the new termsI wasn't aware of. I'd like to see how that Eircom defence would work in a court of law. Now to add insult to injury, Eircom has handed this case over to a collection agency that is now sending me threatening letters.

    What's also frustrating is I spoke to Eircom before makingthe switch and they never bothered to mention to me there was a new 30 day notification requirement, although I am still quite confident this change does not apply to me. I also find it unbelievably petty that Eircom is pursuingthis UNJUST fee, after all the money I have paid to Eircom over the years. Prior to this issue, I had considered the possibility of switching back to Eircom if the right deal was available, but if this isn't resolved soon, I won't consider any offer from Eircom. I always pay my bills and the reason I made the switch was because times are very difficult and I'm trying to savemoney. On another thread a poster actually said "just pay Eircom since the money you pay them will be compensated by the new savings", this is insane logic, why should I "just pay Eircom", even though it's an unjust fee and something they haven't earned! I am a very stubborn person of principles and this cancellation fee is something I never agreed to and I will never agree to pay this unjust fee.


    Thanking you in advance for your assistance in resolvingthis issue.


Comments

  • Registered Users, Registered Users 2 Posts: 142 ✭✭kilk


    Hi Bozacke,
    how much is the cancellation fee if you don't mind saying.

    It seems to be a lot of hassle to go through with sending letters etc that don't seem to arrive or be recorded.

    Thanks

    Kilk


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    kilk wrote: »
    Hi Bozacke,
    how much is the cancellation fee if you don't mind saying.

    It seems to be a lot of hassle to go through with sending letters etc that don't seem to arrive or be recorded.

    Thanks

    Kilk
    The amount of the cancellation fee isn't the point. The point is I had a contract with Eircom and they think they are big enough to bully us around and introduce new requirements without properly notifying us and I should just bow down to the mighty Eircom and give them extra cash they aren't entitled to, just because they said so!!


  • Registered Users, Registered Users 2 Posts: 14,049 ✭✭✭✭Johnboy1951


    Bozacke wrote: »
    The amount of the cancellation fee isn't the point. The point is I had a contract with Eircom and they think they are big enough to bully us around and introduce new requirements without properly notifying us and I should just bow down to the mighty Eircom and give them extra cash they aren't entitled to, just because they said so!!
    I would tend to agree .....  it does not matter if the charge is only a few cents, if it is not a legal charge then it should not be paid.
    I do hope your are correct and did not receive any notification of the change in contract terms.

    Have you asked Eircom for proof that they notified you specifically?
    Would a general notification, issued say, in the press, cover them legally?
    I guess it depends on the original terms of contract .....  and I - a long time Eircom customer - would not be able to find that original contract here.

    Good luck with your position, and hopefully you are on very safe ground  ;)


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


    Bozacke wrote: »
    I've been having a problem with Eircom and I hope this mightbe a good forum to resolve my issue and if not, it might be a good opportunity to vent my frustrations and tell others about what I consider unjust practices.

    I had been a long time Eircom customer for Land Line andBroadband and I knew for quite some times there were much better deals out there, but I stuck with Eircom out of some twisted loyalty. I had been thinking of switching for a few years but hung on for a long promise of NGB in my area that hasn't happened after promises for the past few years. Anyway I finally decided to switch and the best deal I could find for my area and my needs was Vodafone, first I called Eircom and asked if they could give me a better deal, but they couldn't, so I called Vodafone and made the switch.

    When I received my final bill from Eircom I was shocked tosee they were charging me for a cancellation fee. I was confused since I was no longer in contract, my original contract was only for 12 months and that had finished years earlier and at the time my contract was agreed to there was no 30 day notice requirement. After questioning this, Eircom told me that in February, 2011 a change was made requiring all customers to provide a 30 days’ notice in writing prior to cancellation or you would be subject to acancellation fee. I honestly told them I had no recollection of any notification and I keep all of my mail and I have thoroughly examined all of my Eircom mail and I could not find any such notification. I never signed any new contract or verbally agreed to these new terms. Be aware that contract modification can only occur when both parties agree to the changes and a contract cannot be modified in whole or in part, by one party without formally notifying the other party and for any modification to a contract to be considered valid, all parties must agree to the subsequent changes.  If one of the parties does not agree to acontract modification, then the changes are not legal or enforceable and only valid modifications are binding according to contract law.

    I have called Eircomand sent several letters and emails about this issue and to no satisfaction. In fact the replies I have received from Eircom have been very nasty and arrogant. In the latest response from Eircom they claimed if I did not receive this notice of change "please be advised that per our terms and conditions of telephone service section 2 it states: Use by the Customer or by another person(whether or not such a person is acting with the authority of the Customer) of any telecommunications service provided by eircom, shall be deemed to constitute an acceptance of this Agreement." So in other words they are saying that even if I didn't receive notification of the new Eircom policy, because I continued to use the Eircom service, I was agreeing to the new termsI wasn't aware of. I'd like to see how that Eircom defence would work in a court of law. Now to add insult to injury, Eircom has handed this case over to a collection agency that is now sending me threatening letters.

    What's also frustrating is I spoke to Eircom before makingthe switch and they never bothered to mention to me there was a new 30 day notification requirement, although I am still quite confident this change does not apply to me. I also find it unbelievably petty that Eircom is pursuingthis UNJUST fee, after all the money I have paid to Eircom over the years. Prior to this issue, I had considered the possibility of switching back to Eircom if the right deal was available, but if this isn't resolved soon, I won't consider any offer from Eircom. I always pay my bills and the reason I made the switch was because times are very difficult and I'm trying to savemoney. On another thread a poster actually said "just pay Eircom since the money you pay them will be compensated by the new savings", this is insane logic, why should I "just pay Eircom", even though it's an unjust fee and something they haven't earned! I am a very stubborn person of principles and this cancellation fee is something I never agreed to and I will never agree to pay this unjust fee.


    Thanking you in advance for your assistance in resolvingthis issue.

    Hi Bozacke

    If you would like to PM me with your eircom account number and name on the account I can look into that for you.

    Thanks, Mark


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    I PMed Mark as requested and since I haven't yet received a second reply from Mark so I thought I might as well post our PM conversation below for all else to read.

    The bottom line is Eircom charged me a cancellation fee because I didn't give 30 days notice even though 30 days notice wasn't part of my contract when I signed up with Eircom several years ago. According to Eircom, in February, 2011 they changed their policy requiring a 30 days’ notice prior to cancellation or you would be subject to a cancellation fee, even though I already had an existing contract with Eircom that didn't have this requirement. They claim this was sent out to all customers and by not responding to their mail you were in agreement. I save all my mail and I thoroughly went through it all and I never received such a notice. I asked Eircom to provide proof that I was notified and they can't and they claim even if I didn't receive notification of the new Eircom policy, because I continued to use the Eircom service, I was agreeing to the new terms I wasn't aware of. You can't make this stuff up. I have refused to pay this Unjust fee and Eircom has sent my account on to a Collection agency that is sending me threatening messages as if I was a criminal, I don't think Seany Fitz was pursued like this. I am 100% confident that I am in the right and I will not give in to Eircom and their bully tactics. I was told by several other posters I was petty and I should just pay the fee to make my life easier. Why should I pay something that is wrong? Plus, if they think I'm petty, then Eircom is a lot more petty and not only do they have a lot more money than me, but they’re the ones in the wrong and they should waive this fee. Actually "waive" is the wrong term, since that implies the fee is valid, which in my case it isn't.
    _________________________________________________
    Hello,

    I checked with our cancellation team and they had no record of a call to inform us of your intention to cease service or move providers. 

    Eircom require a 30 day written notification before ceasing a service which is standard practice with a number of Utility companies.

    However you were not under contract so no early contract charges were applied.

    Thanks, Mark

    +++++++++++++++++++++++++++++++++++++++++++++++++++++++++

    Hello Mark,

    Thanks for your reply, I know I wasn't under contract, that's why I switched, my contract had been finished for several years and I know there were no early contract charges applied, but there was a cancellation charge!! That was the whole point of my message and the message title. 

    You stated "Eircom require a 30 day written notification before ceasing a service which is standard practice with a number of Utility companies." First off, this isn't about any other Utility companies and as you probably also know many other Utility companies don't require a 30 day written notification before ceasing a service. But in accordance with my CONTRACT with Eircom there was no requirement for a 30 day notification. Just because Eircom decides to introduce more draconian rules and doesn't properly inform their customers about these changes doesn't mean it's right!!!!!!!

    Finally I most certainly did speak with Eircom representatives on more than one occasion about the different packages available and I indicated if they couldn't at least match Vodafone, I would be leaving. I was told by one of your colleagues they couldn't match the Vodafone price and they never mentioned anything about requiring notification, but that doesn't matter since my contract didn't require any 30 day notification!!


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


    Bozacke wrote: »
    I PMed Mark as requested and since I haven't yet received a second reply from Mark so I thought I might as well post our PM conversation below for all else to read.

    The bottom line is Eircom charged me a cancellation fee because I didn't give 30 days notice even though 30 days notice wasn't part of my contract when I signed up with Eircom several years ago. According to Eircom, in February, 2011 they changed their policy requiring a 30 days’ notice prior to cancellation or you would be subject to a cancellation fee, even though I already had an existing contract with Eircom that didn't have this requirement. They claim this was sent out to all customers and by not responding to their mail you were in agreement. I save all my mail and I thoroughly went through it all and I never received such a notice. I asked Eircom to provide proof that I was notified and they can't and they claim even if I didn't receive notification of the new Eircom policy, because I continued to use the Eircom service, I was agreeing to the new terms I wasn't aware of. You can't make this stuff up. I have refused to pay this Unjust fee and Eircom has sent my account on to a Collection agency that is sending me threatening messages as if I was a criminal, I don't think Seany Fitz was pursued like this. I am 100% confident that I am in the right and I will not give in to Eircom and their bully tactics. I was told by several other posters I was petty and I should just pay the fee to make my life easier. Why should I pay something that is wrong? Plus, if they think I'm petty, then Eircom is a lot more petty and not only do they have a lot more money than me, but they’re the ones in the wrong and they should waive this fee. Actually "waive" is the wrong term, since that implies the fee is valid, which in my case it isn't.
    _________________________________________________
    Hello,

    I checked with our cancellation team and they had no record of a call to inform us of your intention to cease service or move providers.

    Eircom require a 30 day written notification before ceasing a service which is standard practice with a number of Utility companies.

    However you were not under contract so no early contract charges were applied.

    Thanks, Mark

    +++++++++++++++++++++++++++++++++++++++++++++++++++++++++

    Hello Mark,

    Thanks for your reply, I know I wasn't under contract, that's why I switched, my contract had been finished for several years and I know there were no early contract charges applied, but there was a cancellation charge!! That was the whole point of my message and the message title.

    You stated "Eircom require a 30 day written notification before ceasing a service which is standard practice with a number of Utility companies." First off, this isn't about any other Utility companies and as you probably also know many other Utility companies don't require a 30 day written notification before ceasing a service. But in accordance with my CONTRACT with Eircom there was no requirement for a 30 day notification. Just because Eircom decides to introduce more draconian rules and doesn't properly inform their customers about these changes doesn't mean it's right!!!!!!!

    Finally I most certainly did speak with Eircom representatives on more than one occasion about the different packages available and I indicated if they couldn't at least match Vodafone, I would be leaving. I was told by one of your colleagues they couldn't match the Vodafone price and they never mentioned anything about requiring notification, but that doesn't matter since my contract didn't require any 30 day notification!!

    Hi Bozacke

    A 30 day notice period of cancellation is required according to eircoms cancellation procedure. We can only cascade the information we have and we are not in a position here to debate on eircoms policies or procedures or the reasons behind eircoms policies or procedures. The charge will remain and if you wish to challenge this you can contact eircom complaints on 1800200481.



    Al


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    Hi Bozacke

    A 30 day notice period of cancellation is required according to eircoms cancellation procedure. We can only cascade the information we have and we are not in a position here to debate on eircoms policies or procedures or the reasons behind eircoms policies or procedures. The charge will remain and if you wish to challenge this you can contact eircom complaints on 1800200481.



    Al
    Hi Alan,

    Can you read? Eircom introduced the new policy requiring the 30 days notice after I already had an existing contract with Eircom for several years that didn't have this clause. I was never properly notified of this change and even Eircom has acknowledged this,  but unfortunately Eircom is being so arrogant they said even though I was never notified of the change, because I continued to use Eircom, I was agreeing to the new terms they never told me about!!!! I'm sorry, something is wrong there. I've called the Eircom complaints line and they gave me the same robotic arrogant replies. I've also written and emailed Eircom regarding this and all the replies from Eircom either ignored my argument or even agreed with me, but said there was nothing they could do. Meanwhile, I'm getting bullying letters from Eircom's pet pit bull collection agency. If that't the kind of company you want to work for fine, I know we all need jobs, but please don't tell me I'm wrong, because I am NOT!!!!!


  • Registered Users, Registered Users 2 Posts: 802 ✭✭✭Mylow


    Some of these providers use get out clauses by publishing new clauses in newspapers or sending you a random txt message. O2 tried a similar stunt 3 years ago, under EU law once they change the contract you are within your rights to leave within 30days of the new terms and conditions. if you do not contact them within 30 days and say you do not agree to the new T&Cs it is taken that you accepted them. 

    I was only 2 months into a iPhone contract at the time. Cancelled contract, got unlock code and went sim free :-)
    I have zero loyalty to any of the providers, they want to maximise profits and I will always want to minimise my costs...plain and simple.


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    Mylow wrote: »
    Some of these providers use get out clauses by publishing new clauses in newspapers or sending you a random txt message. O2 tried a similar stunt 3 years ago, under EU law once they change the contract you are within your rights to leave within 30days of the new terms and conditions. if you do not contact them within 30 days and say you do not agree to the new T&Cs it is taken that you accepted them. 

    I was only 2 months into a iPhone contract at the time. Cancelled contract, got unlock code and went sim free :-)
    I have zero loyalty to any of the providers, they want to maximise profits and I will always want to minimise my costs...plain and simple.
    Thanks for the reply, but unfortunately for Eircom and fortunately for me that is not how the law works. I was not properly notified, my previous contract is the correct and legal contract and nothing else is legal or valid. Eircom is just trying to bully an intimidate me. They are losing customers every day and they are trying to get some income so they are trying to take money from you as you leave. I am 100% confident I am right and I will go to court and prove Eircom wrong if necessary!!!!!!!!!!!!!!


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


    Bozacke wrote: »
    Thanks for the reply, but unfortunately for Eircom and fortunately for me that is not how the law works. I was not properly notified, my previous contract is the correct and legal contract and nothing else is legal or valid. Eircom is just trying to bully an intimidate me. They are losing customers every day and they are trying to get some income so they are trying to take money from you as you leave. I am 100% confident I am right and I will go to court and prove Eircom wrong if necessary!!!!!!!!!!!!!!
    [font=Times New Roman","serif]Hi Bozacke

    I would like to assure you that I can indeed read however I can only advise on eircoms policy and procedure and unfortunately this is something that is not negotiable from here, eircom require a 30 day notice period of cancellation and if you wish to take any further course of action you are more than welcome to.


    Al[/font]


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  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    Hi Bozacke

    I would like to assure you that I can indeed read however I can only advise on eircoms policy and procedure and unfortunately this is something that is not negotiable from here, eircom require a 30 day notice period of cancellation and if you wish to take any further course of action you are more than welcome to.


    Al
    Hi Alan,
    Thanks for the reply! Sorry I didn't want to attack you, but apparently you can't read!!! If you could read, you would have understood that the 30 day notice policy was not a policy when I originally signed up to Eircom and I was never properly notified of the change in policy and I never agreed to the new policy!!! You stated "eircom require a 30 day notice period of cancellation", but the problem is, that wasn't a condition in MY CONTRACT!!!!!!!!!  Eircom thinks they can just snap their fingers and change all the rules we must abide by, but they can't!! Apparently Eircom thinks they are above the law, but they aren't! As I said before, I understand we all need jobs, but that doesn't mean you have to live the lie too!! 


  • Registered Users, Registered Users 2 Posts: 195 ✭✭psalbmb


    Bozacke wrote: »
    Hi Alan,
    Thanks for the reply! Sorry I didn't want to attack you, but apparently you can't read!!! If you could read, you would have understood that the 30 day notice policy was not a policy when I originally signed up to Eircom and I was never properly notified of the change in policy and I never agreed to the new policy!!! You stated "eircom require a 30 day notice period of cancellation", but the problem is, that wasn't a condition in MY CONTRACT!!!!!!!!!  Eircom thinks they can just snap their fingers and change all the rules we must abide by, but they can't!! Apparently Eircom thinks they are above the law, but they aren't! As I said before, I understand we all need jobs, but that doesn't mean you have to live the lie too!!
    if your so confident that your right, how come you've chosen to come on here abusing eircom agents? May I just say you are "100%" WRONG!!! Eircom, sometime in and around Feb 2011 changed their terms and conditions and as a Eircom customer, whether or not you were in contract at the time, you were legally entitled to leave eircom without penalty.so it begs the questions as would any judge question as to why your only raising this grievance now near some 2 years later. May i suggest you get a life, stop wasting comregs and who ever elses time and accept the terms and conditions


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    psalbmb wrote: »
    if your so confident that your right, how come you've chosen to come on here abusing eircom agents? May I just say you are "100%" WRONG!!! Eircom, sometime in and around Feb 2011 changed their terms and conditions and as a Eircom customer, whether or not you were in contract at the time, you were legally entitled to leave eircom without penalty.so it begs the questions as would any judge question as to why your only raising this grievance now near some 2 years later. May i suggest you get a life, stop wasting comregs and who ever elses time and accept the terms and conditions
    Hello psalbmb,

    May I suggest you're the one who needs to get a life!! I'm not sure what your ulterior motive is, but it is apparent that you work part-time for a phone provider, let me guess is it E-Mobile, Meteor or maybe even Eircom? 

    In response to your question “why your only raising this grievance now near some 2 years later”, because I didn’t know about it 2 years ago, Eircom never notified me of the change!! Yes, in Feb 2011 Eircom changed their terms and conditions but they never properly notified me. I save all my mails and I went through them all and this change was never communicated to me, it wasn't on any of my bills and I never received a phone call about the change (they are a phone company, they could have called). Just because they put it on their website and never told me about it doesn’t mean it’s legal. By the way I put something on my website pertaining to you and if you don’t respond you’ll owe me your first born! Now doesn't that sound ridiculous?

    I don’t need bad law advice from a pseudo law student, I just want Eircom to admit they are wrong and reverse their illegal charges, which they are!!!!!


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


    Bozacke wrote: »
    Hello psalbmb,

    May I suggest you're the one who needs to get a life!! I'm not sure what your ulterior motive is, but it is apparent that you work part-time for a phone provider, let me guess is it E-Mobile, Meteor or maybe even Eircom?

    In response to your question “why your only raising this grievance now near some 2 years later”, because I didn’t know about it 2 years ago, Eircom never notified me of the change!! Yes, in Feb 2011 Eircom changed their terms and conditions but they never properly notified me. I save all my mails and I went through them all and this change was never communicated to me, it wasn't on any of my bills and I never received a phone call about the change (they are a phone company, they could have called). Just because they put it on their website and never told me about it doesn’t mean it’s legal. By the way I put something on my website pertaining to you and if you don’t respond you’ll owe me your first born! Now doesn't that sound ridiculous?

    I don’t need bad law advice from a pseudo law student, I just want Eircom to admit they are wrong and reverse their illegal charges, which they are!!!!!
    Hi Bozacke

    I have advised you on numerous occasions that I will not arrange the reversal of these charges. You will get no other response from us here and If you still wish to seek a different response to your demand I advise that you bring your request elsewhere.

    Also, I would like to make it clear that psalbmb has no connection to thispage's moderators or eircom itself.


    Al


  • Registered Users, Registered Users 2 Posts: 195 ✭✭psalbmb


    Bozacke wrote: »
    Hello psalbmb,

    May I suggest you're the one who needs to get a life!! I'm not sure what your ulterior motive is, but it is apparent that you work part-time for a phone provider, let me guess is it E-Mobile, Meteor or maybe even Eircom? 

    In response to your question “why your only raising this grievance now near some 2 years later”, because I didn’t know about it 2 years ago, Eircom never notified me of the change!! Yes, in Feb 2011 Eircom changed their terms and conditions but they never properly notified me. I save all my mails and I went through them all and this change was never communicated to me, it wasn't on any of my bills and I never received a phone call about the change (they are a phone company, they could have called). Just because they put it on their website and never told me about it doesn’t mean it’s legal. By the way I put something on my website pertaining to you and if you don’t respond you’ll owe me your first born! Now doesn't that sound ridiculous?

    I don’t need bad law advice from a pseudo law student, I just want Eircom to admit they are wrong and reverse their illegal charges, which they are!!!!!
    No i don't work for any provider. i myself have had several problems with eircom in the past regarding the broadband and service, your just someone who thinks that you know it all when you've not clearly investigated thoroughly. and also who said i was a law student? you love to make weird accusations don't you.


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    psalbmb wrote: »
    No i don't work for any provider. i myself have had several problems with eircom in the past regarding the broadband and service, your just someone who thinks that you know it all when you've not clearly investigated thoroughly. and also who said i was a law student? you love to make weird accusations don't you.
    Hello psalbmb,


    I didn't say you were a "law student", I called you a  "pseudo law student", there's a difference. That's not a weird accusation, just an obvious observation based on your posts!! 

    You're the one who hasn't investigated thoroughly. As much as they like to think they can, Eircom can not just change the rules to suit themselves. I am right, I know I'm right, I will not pay a fee that I never agreed to and I am not legally obligated to pay and I will never give Eircom another penny. When I switched I would have considered switching back to Eircom in the future if the right deal was available, but not now!!

    As far as Alan, you didn't advise me on numerous occasions, you posted half-facts without reading all of my posts and your information didn't acknowledge all of my points. As I said before, Eircom can not just "change the rules" without properly notifying their customers and think they are right. I feel sorry for you, having to defend the undefendable.


  • Registered Users, Registered Users 2 Posts: 14,049 ✭✭✭✭Johnboy1951


    Bozacke,
                     I think you need to write a letter to Eircom, stating that you have no record of receiving a notice of a change to the terms of your contract, or of renewing your contract. If they have proof that one of those happened, request that they send it to you.


    You should also reference a copy of the contract you believe is the valid one, which has no 30 day notice.


    You could then state that failing receipt of proof to the contrary you believe the old contract terms apply and consequently you are not obligated to make the payment demanded.


    Simply request they withdraw their demand.


    They will either withdraw the demand or provide proof ......  either way the situation will be clarified for both parties.


  • Registered Users, Registered Users 2 Posts: 912 ✭✭✭bmm


    You could talk to Comreg . They are the so called communications regulator for ireland although at times you would think they were working for telephone companies. They are under staffed and spend their time fobbing customers off. Good Luck


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    Bozacke,
                     I think you need to write a letter to Eircom, stating that you have no record of receiving a notice of a change to the terms of your contract, or of renewing your contract. If they have proof that one of those happened, request that they send it to you.


    You should also reference a copy of the contract you believe is the valid one, which has no 30 day notice.


    You could then state that failing receipt of proof to the contrary you believe the old contract terms apply and consequently you are not obligated to make the payment demanded.


    Simply request they withdraw their demand.


    They will either withdraw the demand or provide proof ......  either way the situation will be clarified for both parties.
    Hi Johnnyboy,

    Thanks for the reply. I have sent that letter to Eircom several times. The problem is (just like here), they don't read the entire letter and tell me they changed the rule and I have to pay it. 

    This forum was probably a waste of time, but I wanted to vent my frustration with the corporate bully. I'm sure this will be sorted eventually, but they aren't making it easy.  Thanks to all for the messages.


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    bmm wrote: »
    You could talk to Comreg . They are the so called communications regulator for ireland although at times you would think they were working for telephone companies. They are under staffed and spend their time fobbing customers off. Good Luck
    Hi bmm,

    Thanks, I've sent several mails to comreg, but I haven't received a proper reply yet.


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  • Registered Users, Registered Users 2 Posts: 14,049 ✭✭✭✭Johnboy1951


    Bozacke wrote: »
    Hi Johnnyboy,

    Thanks for the reply. I have sent that letter to Eircom several times. The problem is (just like here), they don't read the entire letter and tell me they changed the rule and I have to pay it. 

    This forum was probably a waste of time, but I wanted to vent my frustration with the corporate bully. I'm sure this will be sorted eventually, but they aren't making it easy.  Thanks to all for the messages.

    Once you told them you would not pay unless they provide the proof requested, and actually did request that proof from them, then it is up to them to make the next move.
    Any further letters from them should get a response from you to the effect that you are still waiting for the proof to be supplied.

    Keep such letters very simple and exactly to the point.
    Just ask for proof of contract.
    Don't muddy the waters giving them other things to write about.


  • Registered Users, Registered Users 2 Posts: 29 arienlass


    Hi, Just to give you an update Eircom admitted that they were in the wrong and the bill was written off! :D


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


    arienlass wrote: »
    Hi, Just to give you an update Eircom admitted that they were in the wrong and the bill was written off!

    Hi arienlass

    I'm glad to see this has been resolved.

    Al


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    arienlass wrote: »
    Hi, Just to give you an update Eircom admitted that they were in the wrong and the bill was written off!
    Hi Arienlass,

    Good news! Your determination paid off and it only took eircom 4 months to finally admit their obvious mistake.


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


    Bozacke wrote: »
    Hi Arienlass,

    Good news! Your determination paid off and it only took eircom 4 months to finally admit their obvious mistake.

    Hi Bozacke

    This mistake was identified in early May.

    Please see the last post on this page: http://www.boards.ie/ttfthread/2056572673/3#post84033621

    Arienlass case was much different to yours and followed the correct proceedure in having this investigated.

    Al


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    Hi Bozacke

    This mistake was identified in early May.

    Please see the last post on this page: http://www.boards.ie/ttfthread/2056572673/3#post84033621

    Arienlass case was much different to yours and followed the correct proceedure in having this investigated.

    Al
    Hi Al,

    I have followed all of the correct procedures. Yes, arienlass's case was a little different from mine, but it just shows how incompetent and arrogant eircom is!


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


    Bozacke wrote: »
    Hi Al,

    I have followed all of the correct procedures. Yes, arienlass's case was a little different from mine, but it just shows how incompetent and arrogant eircom is!

    I'm sorry you feel this way Bozacke. I have done my best to advise you on the process to follow and I have done my best to advise you on eircoms position regarding your query.

    In fairness, if you look at the link I haveprovided, you will see that we responded to arienlass, We then advised
    arienlass on the correct procedure tofollow and this mistake was rectified.

    Al


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    I'm sorry you feel this way Bozacke. I have done my best to advise you on the process to follow and I have done my best to advise you on eircoms position regarding your query.

    In fairness, if you look at the link I haveprovided, you will see that we responded to arienlass, We then advised
    arienlass on the correct procedure tofollow and this mistake was rectified.

    Al
    Hello Alan,

    Be honest, you don't feel sorry and you haven't provided any substantial advice at all! The bottom line is you can't change the conditions of someones contract, not notify them of the changes and tell the customers they must comply with these new requirements. Then tell your customers they should be going to the eircom website every day to keep track of changes and think you are RIGHT! 

    As I said before, I know we all need a job, and you may have to be the company spokesperson, but at least try to be honest!


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


    Bozacke wrote: »
    Hello Alan,

    Be honest, you don't feel sorry and you haven't provided any substantial advice at all! The bottom line is you can't change the conditions of someones contract, not notify them of the changes and tell the customers they must comply with these new requirements. Then tell your customers they should be going to the eircom website every day to keep track of changes and think you are RIGHT!

    As I said before, I know we all need a job, and you may have to be the company spokesperson, but at least try to be honest!

    Bozacke

    I have conveyed and advised you of eircoms proceedure and position in response and relation to your query. I can only work with the information I have. I understand you disagree however there is no need to claim that I am being dishonest.

    Should you wish to make a complaint on the cancellation charge please call eircom complaints on 1800200481.

    I am no longer going to rearrange the wording of eircoms position to your query in response to your posts on this thread as you can view my previous posts to you.

    Al


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  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    I am no longer going to rearrange the wording of eircoms position to your query in response to your posts on this thread as you can view my previous posts to you.
    Hello Alan,

    Can anyone at eircom even read my full message?

    I never asked you to rearrange the wording of eircoms position to my query and you can view my previous posts also, maybe you can actually try and read them this time. I think my case is very clear and it should be obvious to a child.
     
    • I had a contract with eircom and that contract didn't have any clause requiring me to provide 30 days notice.
    • Two years ago eircom changed the conditions and claims to have sent out a postcard that on the back in small print mentioned a change requiring 31 months written notification. I save all of my mail and I am certain I never received this postcard. Eircom never mention this change in any correspondence I received and it wasn't on any of my bills. I told eircom I never received it and I was told by eircom it didn't matter if I received it or not, since the change was posted on the eircom website.
    • So eircom and their stoodges actually think they can bully their customers to accept new conditions in their contract that they were never notified of and they think that their customers are obligated to regularly visit the eircom website to read the small print and see what new changes eircom might inflict on them. 

    You can tell me all you want that you aren't going to waive this fee, but waive is the wrong word. Waive implies eircom has some right to this fee which they do not!  How can eircom think they are right? I know I'm right and I will not give money to eircom they aren't entitled to, it's bad enough I over-paid eircom for all these years. If necessary I will take legal action against eircom. 

    I initially posted here thinking maybe I would get a reasonable eircom rep who could help me, but that wasn't the case and now it's turned into a fight.

    Everything I have written is the truth, so if you do not have anything constructive to add to my post, please refrain from trying to get the last word.


  • Registered Users, Registered Users 2 Posts: 686 ✭✭✭DieselPowered


    Bozacke wrote: »
    According to Eircom, in February, 2011 they changed their policy requiring a 30 days’ notice prior to cancellation or you would be subject to a cancellation fee, even though I already had an existing contract with Eircom that didn't have this requirement. They claim this was sent out to all customers and by not responding to their mail you were in agreement. I save all my mail and I thoroughly went through it all and I never received such a notice. I asked Eircom to provide proof that I was notified and they can't and they claim even if I didn't receive notification of the new Eircom policy, because I continued to use the Eircom service, I was agreeing to the new terms I wasn't aware of.

    Hi Bozacke,

    I too am a current long term old contract customer of Eircom and this thread made me check back. I do not recall any change or update to a cancellation fee I agreed to that I can locate in my files, so while you are being quoted current terms and conditions for cancellation (no issues there), I think you are right to challenge this in its current form, so you have some support on your stance here. Well done.


    Thanks.


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


    Hi Bozacke,

    I too am a current long term old contract customer of Eircom and this thread made me check back. I do not recall any change or update to a cancellation fee I agreed to that I can locate in my files, so while you are being quoted current terms and conditions for cancellation (no issues there), I think you are right to challenge this in its current form, so you have some support on your stance here. Well done.


    Thanks.
    [font=Times New Roman","serif]Ok Bozacke

    I can assure you that I have read your posts. I will not respond to this any further as I have made myself perfectly clear on eircoms position regarding this issue. If you wish to take legal action you are more than welcome to.


    Al[/font]


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    Ok Bozacke

    I can assure you that I have read your posts. I will not respond to this any further as I have made myself perfectly clear on eircoms position regarding this issue. If you wish to take legal action you are more than welcome to.


    Al
    Hello Alan,

    Sorry, maybe you read my posts, but apparently you didn't comprehend, since it is quite clear I am 100% right. You can not change someones contract without notifying them.

    Eircom has become such a joke, despite the possible impact it may have on our economy, I will enjoy the day when Eircom goes under.


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


    Bozacke wrote: »
    Hello Alan,

    Sorry, maybe you read my posts, but apparently you didn't comprehend, since it is quite clear I am 100% right. You can not change someones contract without notifying them.

    Eircom has become such a joke, despite the possible impact it may have on our economy, I will enjoy the day when Eircom goes under.

    [font=Times New Roman","serif]Bozacke[/font]

    [font=Times New Roman","serif] [/font]

    [font=Times New Roman","serif]I do comprehend what you are saying however I am only offering eircoms position in response as you are posting this to an eircom page on this forum that is responsible to offering customer service and advice. I think you need to remember that I can only convey eircoms position to this and not mine personally before insulting my intelligence. As I already said you are more than welcome to take legal action on this.


    Al[/font]


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    Bozacke



    I do comprehend what you are saying however I am only offering eircoms position in response as you are posting this to an eircom page on this forum that is responsible to offering customer service and advice. I think you need to remember that I can only convey eircoms position to this and not mine personally before insulting my intelligence. As I already said you are more than welcome to take legal action on this.


    Al
    Alan,

    You didn't read again and you still want the last word. Typical of an eircom shill.

    I'll say it one more time, You can not change someones contract without notifying them!!!


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


    Bozacke wrote: »
    Alan,

    You didn't read again and you still want the last word. Typical of an eircom shill.

    I'll say it one more time, You can not change someones contract without notifying them!!!
    Bozacke

    I've sent you a DM

    Al


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    Bozacke

    I've sent you a DM

    Al
    Hello Alan,

    I'm sorry, but your DM just repeated the same nonsense I have already received from you and the rest of the eircom shills.

    Once again please read - "I NEVER RECEIVED ANY NOTIFICATION FROM EIRCOM"!!!

    and posting your new contract requirements on the eircom website doesn't constitute informing customers!!!!!!!!!!!


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


    Bozacke wrote: »
    Hello Alan,

    I'm sorry, but your DM just repeated the same nonsense I have already received from you and the rest of the eircom shills.

    Once again please read - "I NEVER RECEIVED ANY NOTIFICATION FROM EIRCOM"!!!

    and posting your new contract requirements on the eircom website doesn't constitute informing customers!!!!!!!!!!!

    Bozacke


    Please view this extract from my PM:


    If you advise that you did not receive this notice of change please be advised that per our terms and conditions of telephone service section 2 it states:


    2. Use by the Customer or by another person (whether or not such a person is acting
    with the authority of the Customer) of any telecommunications service provided by
    eircom, shall be deemed to constitute an acceptance of this Agreement. This
    Agreement shall be deemed to commence on the date the service has been first
    provided and the services will continue unless and until terminated pursuant to this

    Agreement.

    Use of our service agrees acceptance of this terms and conditions and as per these conditions all customers are required to provide 30 days notification to cease their account.

    The charges on your final bill are valid and will stand.

    If you are not happy with this then you can also go to comreg or take further legal action


    Al


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    Bozacke


    Please view this extract from my PM:


    If you advise that you did not receive this notice of change please be advised that per our terms and conditions of telephone service section 2 it states:


    2. Use by the Customer or by another person (whether or not such a person is acting
    with the authority of the Customer) of any telecommunications service provided by
    eircom, shall be deemed to constitute an acceptance of this Agreement. This
    Agreement shall be deemed to commence on the date the service has been first
    provided and the services will continue unless and until terminated pursuant to this

    Agreement.

    Use of our service agrees acceptance of this terms and conditions and as per these conditions all customers are required to provide 30 days notification to cease their account.

    The charges on your final bill are valid and will stand.

    If you are not happy with this then you can also go to comreg or take further legal action


    Al
    Hi Al,

    The 30 days notification was not part of my contract or agreement. As I have said 100 times before eicom is not god, they can not change the rules and not notify the customer of the changes. I never received any notification and posting contractual changes on an eircom website does not constitute notifying the customers!!!!!


    Pretty simple!!!


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


    Bozacke wrote: »
    Hi Ali,

    The 30 days notification was not part of my contract or agreement. As I have said 100 times before eicom is not god, they can not change the rules and not notify the customer of the changes. I never received any notification and posting contractual changes on an eircom website does not constitute notifying the customers!!!!!


    Pretty simple!!!


    Hi Bozacke

    Ok, If you wish to challenge this I suggest you contact comreg or take further legal action

    Al


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  • Registered Users, Registered Users 2 Posts: 301 ✭✭Bozacke


    Hi Bozacke

    Ok, If you wish to challenge this I suggest you contact comreg or take further legal action

    Al
    Hello Alan,

    I already contacted comreg, but they are very slow to respond, but I am confident I will prevail!


  • Registered Users, Registered Users 2 Posts: 71 ✭✭Herr Khume Schuccs


    Hi Bozacke,
    I have the same problem and found your post helpful at the time, thanks. For info, ComReg have recently ruled against Eircom's 30 day notice requirement, see http://www.comreg.ie/_fileupload/publications/ComReg13114.pdf
    HKS


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