Is this a breach of contract?

sashafierce

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Mimikyu

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Mountjoy Mugger

It still sounds like a breach of contract.

kippy

Mountjoy Mugger wrote: »

It still sounds like a breach of contract.

Or a mistake......
How about giving them the chance to rectify it first......
Then see how legal the OP wants to get on their asses......

kirving

It's hardly a breach of contract if they fix the error. I had a few issues when I first got my bill which were fixed with a quick phonecall.

Mountjoy Mugger

If a customer errs - late payment or whatever, it's a breach of contract. If a company errs, it's a mistake. OK, got ya now.

kippy

Mountjoy Mugger wrote: »

If a customer errs - late payment or whatever, it's a breach of contract. If a company errs, it's a mistake. OK, got ya now.

I'm not sure what mobile companies you deal with, but they generally give you a call to let you know about the missed payment and resolve the issue before going all high and mighty on it.......

sashafierce

sashafierce wrote: »

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I take it you want to get out of this contract and hope this mistake releases you?

The answer to that would most likely be "no". They (and other mobile companies) make these kind of mistakes all the time, I can't imagine that they'd have neglected to cover themselves for this type of situation in your contract.

twinklediamond

What you want to know is, can you get out of your contract early because of a billing discrepancy that they will most likely rectify, and, hence, get an expensive contracted phone for free/dirt cheap at the expense of Meteor.



No.

pleasant Co.

Deleted User wrote: »

I take it you want to get out of this contract and hope this mistake releases you?

The answer to that would most likely be "no". They (and other mobile companies) make these kind of mistakes all the time, I can't imagine that they'd have neglected to cover themselves for this type of situation in your contract.

Maybe if they make these mistakes all the time then it should be a breach of contract :P i'm sure losing customers would put a halt to these mistakes happening all the time

No, it is not a breach of contract - unless your operator refuses to rectify the situation according to your agreed contract.

lala88

kippy wrote: »

Or a mistake......
How about giving them the chance to rectify it first......
Then see how legal the OP wants to get on their asses......

You should know a company is always wrong...

sashafierce

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sashafierce

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Froststop

€35 is your monthly commitment or line rental for the deal you agreed. €23 is your extra usage which is made up of calls, messages or downloads over your free allowance. Don't forget there's also vat on everything! The only way it can be a breach of contract is if they started charging before your free values had run out. Also check if the free calls are to all networks as it might be for your network only. If most of your friends & family are on other networks the the free calls etc may be of no use.

sashafierce

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Froststop

If the charges are within your free monthly allowance, then it is a breach. They won't admit it, but if your really want to get out of the contract you can force the issue on the grounds they are not "thrust worthy".

You need to get your call data printed to prove your case which you should be able to do on-line. I'd don't think there's much they can do to force you to stay as you hold control of making the payments and they won't want you to give them a bad name. If you pay by direct debit then your within your rights if you don't trust them to take the correct amounts from your account which is only natural.

I know someone who had a similar problem and the network provider made numerous threatening letters and phone calls and in the end she just told them where to go and threatened to go public and that was the end of it!

kippy

Froststop wrote: »

If the charges are within your free monthly allowance, then it is a breach. They won't admit it, but if your really want to get out of the contract you can force the issue on the grounds they are not "thrust worthy".

You need to get your call data printed to prove your case which you should be able to do on-line. I'd don't think there's much they can do to force you to stay as you hold control of making the payments and they won't want you to give them a bad name. If you pay by direct debit then your within your rights if you don't trust them to take the correct amounts from your account which is only natural.

I know someone who had a similar problem and the network provider made numerous threatening letters and phone calls and in the end she just told them where to go and threatened to go public and that was the end of it!

Thrust worthy isnt a term I have come across before. What does it mean in a contractual sense?

lala88

Froststop wrote: »

If the charges are within your free monthly allowance, then it is a breach. They won't admit it, but if your really want to get out of the contract you can force the issue on the grounds they are not "thrust worthy".

You need to get your call data printed to prove your case which you should be able to do on-line. I'd don't think there's much they can do to force you to stay as you hold control of making the payments and they won't want you to give them a bad name. If you pay by direct debit then your within your rights if you don't trust them to take the correct amounts from your account which is only natural.

I know someone who had a similar problem and the network provider made numerous threatening letters and phone calls and in the end she just told them where to go and threatened to go public and that was the end of it!

Ah yes the boards answer to everything use threats to get what you want.

Froststop

kippy wrote: »

Thrust worthy isnt a term I have come across before. What does it mean in a contractual sense?

When you enter into a contract which involves variable bills or direct debits for example, are you not agreeing you thrust the payee to charge/manage variable bills and charge you or take debits from your account.
If they start over charging are you still going to thrust them? Therefore they are untrustworthy. They are not providing the service with "due care and diligence" which you aggreed.
IMO this is grounds for cancellation/breach of contract.

kippy

Froststop wrote: »

When you enter into a contract which involves variable bills or direct debits for example, are you not agreeing you thrust the payee to charge/manage variable bills and charge you or take debits from your account.
If they start over charging are you still going to thrust them? Therefore they are untrustworthy. They are not providing the service with "due care and diligence" which you aggreed.
IMO this is grounds for cancellation/breach of contract.

You mean "trust"?

Froststop

lala88 wrote: »

Ah yes the boards answer to everything use threats to get what you want.

You have to play them at their own game, sending threatening letters and harassing phone calls to an OAP because she wanted to cancel the contract because the provider couldn't provide a reliable broad band service.

dudara

A mistake can happen once, and I'd give them a chance to rectify it. If it happens more than once, that's a different story.

dudara

lala88 wrote: »

Ah yes the boards answer to everything use threats to get what you want.

@lala88 Please post constructively and add to the conversation. If you point out something, then please put forward a counterargument.

dudara

lala88

Froststop wrote: »

You have to play them at their own game, sending threatening letters and harassing phone calls to an OAP because she wanted to cancel the contract because the provider couldn't provide a reliable broad band service.

Im always amazed at the amount of OAP who seem to get into trouble with phone companies. It seems that everyone uses them as an example to try and back up there points

Froststop

lala88 wrote: »

Im always amazed at the amount of OAP who seem to get into trouble with phone companies. It seems that everyone uses them as an example to try and back up there points

It doesn't matter if she was 20 or 80 years. She complained about their broad band not working when it started giving trouble, which was taking about 5 minutes to load a page. When they couldn't rectify the problem after numerous calls to customer care she asked to cancel and then they started acting up. They were at fault not the customer and they threatened her with legal action if she didn't pay the get out fee. Was she meant to pay for a service they could not provide? Would you pay?

Froststop

We're getting side tracked now from the OP, apologies to the OP

lala88

Froststop wrote: »

It doesn't matter if she was 20 or 80 years. She complained about their broad band not working when it started giving trouble, which was taking about 5 minutes to load a page. When they couldn't rectify the problem after numerous calls to customer care she asked to cancel and then they started acting up. They were at fault not the customer and they threatened her with legal action if she didn't pay the get out fee. Was she meant to pay for a service they could not provide? Would you pay?

If it doesnt matter then why bring up the fact they were an OAP?

Greyfox

Froststop wrote: »

If the charges are within your free monthly allowance, then it is a breach. They won't admit it, but if your really want to get out of the contract you can force the issue on the grounds they are not "thrust worthy".

I'd don't think there's much they can do to force you to stay as you hold control of making the payments and they won't want you to give them a bad name. If you pay by direct debit then your within your rights if you don't trust them to take the correct amounts from your account which is only natural.

Absolute nonsense of the highest order! billing errors happen quite often with all Telecom companies which is why they cover themselves very well in the terms and conditions. The onus is very clearly on the customer to notice the error and once it's fixed and refunded in a reasonable timeframe theirs nothing customers can do

Their is much they can do to force you to stay, with the direct debit system if your bill is twice as high then average on a certain month then the twice as high amount will be taken (and credited back next bill if due), if you cancel the direct debit and don't pay another way you run the risk of been cut off and then having to pay a cancellation fee

P. Breathnach

Greyfox wrote: »

Absolute nonsense of the highest order! billing errors happen quite often with all Telecom companies which is why they cover themselves very well in the terms and conditions. The onus is very clearly on the customer to notice the error and once it's fixed and refunded in a reasonable timeframe theirs nothing customers can do ...

OP tells us that the incidence of errors is quite high (every couple of months); the nature of the error is indicative of some sort of carelessness by Meteor (charging for a category of call that should be free under the terms of the contract); and the remedial action is that OP has to wait until the next billing date to have things rectified.

That's not reasonable, and T&Cs cannot be invoked to have it treated as reasonable.

Froststop

P. Breathnach wrote: »

OP tells us that the incidence of errors is quite high (every couple of months); the nature of the error is indicative of some sort of carelessness by Meteor (charging for a category of call that should be free under the terms of the contract); and the remedial action is that OP has to wait until the next billing date to have things rectified.

That's not reasonable, and T&Cs cannot be invoked to have it treated as reasonable.

Regular mistakes surely gives reason to cancel, I agree 100% if they can't sort it after the first or second time the OP was charged incorrectly then IMO I'd be looking to cancel.

Froststop

Greyfox wrote: »

Absolute nonsense of the highest order! billing errors happen quite often with all Telecom companies which is why they cover themselves very well in the terms and conditions. The onus is very clearly on the customer to notice the error and once it's fixed and refunded in a reasonable timeframe theirs nothing customers can do

Their is much they can do to force you to stay, with the direct debit system if your bill is twice as high then average on a certain month then the twice as high amount will be taken (and credited back next bill if due), if you cancel the direct debit and don't pay another way you run the risk of been cut off and then having to pay a cancellation fee

Are they going to take you to court for a couple of hundred euros or less?
Multiple errors is surely a breach, are you saying you would stay with them?
I'd understand if it was a one off error and they sorted it once notified.

People need to start standing up for their rights, we seem to have a habit of just accepting things in this country "shr it'll be all-right" and it's one of the reasons Ireland is in the crapper. They say jump and we ask how high!