Consent to eircom 12 month contract

kippax

We recently joined eircom for a landline and had huge problems just getting in the landline anyway after 2 months could not handle the very poor customer service and we switched to vodafone. We were then hit with a €230 breach of contract charge. We never consented or opted in to enter a 12 month contract apparently its on there terms which we did not sign has anyone a similar experience as they have no sent a debt collection agency chasing the €230 and I would rather go to jail than pay it out of pure principle

I sent a letter requested proof of our opt in to consent to a 12 month contract but they have not responded. I intend to do to COM REG amd the data p[rotection office but just wondered if anyone had a similar experince

dudara

@kippax - I've split out your post into its own thread. Do you want me to move this post to the Talk to Eircom forum?

dudara

Bepolite

Did you agree verbally? Biggest myth going that verbal contracts aren't worth the paper they're printed on.

ytpe2r5bxkn0c1

You don't need to sign t&c for them to hold. Did you check the t&c? If not then you were foolish and it is your own fault. Almost all contracts with utilities tie you in to a period - you should have checked this out. 12 month contract on telecoms is quite usual.
How long have you committed to with your new supplier? Did you even check?

sandin

if you have had problems with eircom, god help you with vodafone. That's my experience anyway.

As for your contract - all telecom companies have a minimum term of 12 months - including vodafone. Its in the terms and conditions that they send you. Unless you contact them with 7 days saying you are not agreeable to ther terms, then the terms stand up.

Don't waste your time on comreg - you made the error by making an assumption. As for the date protection office ?????????? - Sure why not Joe Duffy as well?

kippax

When I joined vodafone they recorded the tel part of our conversation to verify proof of my opt in to consent to a 12 month contract it is not legally acceptable to issue terms without some proof of consent by a consumer to accept them check your facts out and no I am not ignorant of the issues I have worked in a commercial environment for 20 years and signed and proof read many contracts I put this comment out there to get general consumer views on this mater as I wonder why we as average consumers should accept this from eircom I personally will legally fight this on the principle I did not provide consent to there 12 month contract . The reason I mentioned data protection office they regulate the issue around consumer consent and am sure I could get advice from there office on this matter.

sandin

eircom send you a copy of their contract by post - read it.

and data protection office is about consent to use your information for purposes other than what you have agreed to.

Move on or you'll get yourself in a total tissy over an error YOU made - is it really worth €250 to spend hours of time fighting a battle you simply will not win because eircom have their STANDARD terms and conditions to fall back on and it was YOU that cancelled the contract.

BTW - Eircom continue to get money from you as Vodafone are only a reseller of the eircom lines! Only difference is the bill comes with a different logo.

ytpe2r5bxkn0c1

You are completely mistaken on many fronts. Vodafone may record phone conversations (likewise Eircom) but it is certainly not to prove you accepted their t&c. Have you seen the t&c from Vodafone - there's no way they could be read out in full during your phone call.
You do not have a leg to stand on and if you have 20 years experience then it is clearly not in Irish consumer law. You have broken a contract.

Cabaal

err, you said you recently got a landline installed?

Well if thats the case it came with a contract, all landline installs by eircom come with contracts these days. Have done for a few years now.

By switching to another provider you broke your contract with eircom,

dudara

You don't actually have to sign a contract to be covered by one. Accepting the landline installation and using their service could also be considered as acceptance of the contract.

Del2005

kippax wrote: »

When I joined vodafone they recorded the tel part of our conversation to verify proof of my opt in to consent to a 12 month contract it is not legally acceptable to issue terms without some proof of consent by a consumer to accept them check your facts out and no I am not ignorant of the issues I have worked in a commercial environment for 20 years and signed and proof read many contracts I put this comment out there to get general consumer views on this mater as I wonder why we as average consumers should accept this from eircom I personally will legally fight this on the principle I did not provide consent to there 12 month contract . The reason I mentioned data protection office they regulate the issue around consumer consent and am sure I could get advice from there office on this matter.

All large firms record incoming calls to call centres, some record all calls in and out. But that's not the issue.

Both times I signed up with Eircom I got a contract in the post within days. There was a contract to return, for 12 months, but it also stated that by using the service I agreed to the contract. The only way out is to cancel within 7 days, but then you couldn't have got Vodafone as they need an active line to port over.

You can go as legal as you want but Eircom, and most companies, have better solicitors than you can afford so good luck.

Bepolite

It's possible the agent didn't read out a statement to the OP, the only way to know is for the call to be listened to. Relying on anyone's memory is never a good idea.

What was the reason for switching to Vodafone, it's possible Eircom have breached the contract. It's unlikely this will ever get to court, it's more likely that you'll just get debt collectors making a nuisance of themselves.

L1011

The contract on telephony packages bought over the phone is generally third party verified, with the ordering system unable to proceed without this.

SpaceTime

MYOB wrote: »

The contract on telephony packages bought over the phone is generally third party verified, with the ordering system unable to proceed without this.

That's only where the line and/or services are being ported to a new operator from an exsiting one.

If you setup a new line with eircom, there wouldn't be any third party verification.

It's a ComReg rather than general contract law requirement.
It's designed to prevent the occurrence of "slamming" where by people could be moved to another operator without consent by an over-zealous sales person.

kippax

when signing up to vodafone they made it clear they were now going to record my consent to agree to a 12 month contract under current DP legislation and the impending EU wide legislation explicit consent is a key are of note eircom have accepted I did not consent to a 12 month contract by cancelling the bill some of you need to brush up on your law

mrsbyrne

kippax wrote: »

when signing up to vodafone they made it clear they were now going to record my consent to agree to a 12 month contract under current DP legislation and the impending EU wide legislation explicit consent is a key are of note eircom have accepted I did not consent to a 12 month contract by cancelling the bill some of you need to brush up on your law

Kippax i have huge experience in this and Eircom dont make any silly mistakes. You agreed to a 12 month contract with eircom. whether that was your understanding at the time or not is irrelevant. you should not waste any more time or money "fighting" this because it is not a battle you can win. you are reneging on the contract and you have to compensate the other party.

foggy_lad

What the OP is saying is that when you sign up to Eircom they don't tell you it is for 12 months but instead send out a contract for you to sign which also has all the terms and conditions. If you fail to return this contract signed then you have not agreed to the terms and conditions so if Eircom have provided a service they are within their rights to reverse any work carried out. but it would cost them too much to reverse a connection.

kippax

I appreciate all your collective views many thanks for responding to this thread

CruelCoin

kippax wrote: »

We recently joined eircom for a landline and had huge problems just getting in the landline anyway after 2 months could not handle the very poor customer service and we switched to vodafone. We were then hit with a €230 breach of contract charge. We never consented or opted in to enter a 12 month contract apparently its on there terms which we did not sign has anyone a similar experience as they have no sent a debt collection agency chasing the €230 and I would rather go to jail than pay it out of pure principle

I sent a letter requested proof of our opt in to consent to a 12 month contract but they have not responded. I intend to do to COM REG amd the data p[rotection office but just wondered if anyone had a similar experince

You don't have to sign anything to agree to a contract.

In my company for example, all promotional material is sent out with a copy of the terms and conditions with a line that clearly states that by placing an order you accept the terms in full. Eircom likely have the same.

You broke a contract, and they have hit you with a charge as stated in their terms.
If you're willing to go for jail on principle, jail is where you will be going.

CruelCoin

kippax wrote: »

when signing up to vodafone they made it clear they were now going to record my consent to agree to a 12 month contract under current DP legislation and the impending EU wide legislation explicit consent is a key are of note eircom have accepted I did not consent to a 12 month contract by cancelling the bill some of you need to brush up on your law

Impending law means nothing. The only enforceable laws are those in place already.

Ever had an argument with someone? Ever just say "ok ok whatever" rather than carry out the argument?
That's not to say you're agreeing with them, it's just you saying you want it to stop and you don't care anymore. Two different things.