UPC cool off period a joke!

clara_thornton

The OH requested to cancel UPC within the 14 and 7 day cooling off period. UPC state 7 days EU directive states 14. Anyway he was told that they won't cancel the service as he plugged in the modem to test it. The speeds he got were atrocious, 10mb instead of 200mb. After a lot of repeating on the phone from us and UPC we are no closer to a resolution. According to citizens information they are indeed covered by the EU legislation and unless they verbally made it clear that opening the box and plugging the modem in would void the cancellation period they had take it back and not charge a cancellation fee.

UPC have said they would have it fixed by a technician but as the speed of 200mb is too much for the laptop he uses (as it doesn't have a gigabit network card), he requested to lower the speed to 120. They refused to this without having an 18 month contract at full price. So as it is within the cool off period and he is within his rights he has to pay in protest 200 euro and then go through the small claims court to get this back. If he stops any direct debit he would damage his credit rating so this seems to be the only way forward.

Worst company to deal with ever, service ordered less than a week ago modem arrived Saturday and now have a 200 euro payment to make. I can safely say we will never again give them business.

Sorry for the rant but I am pretty annoyed with them!

degsie

I don't understand why your OH wouldn't give UPC a chance to correct the problem with a technician callout. Also a gigE port would be required for 120Mbit also.

clara_thornton

degsie wrote: »

I don't understand why your OH wouldn't give UPC a chance to correct the problem with a technician callout. Also a gigE port would be required for 120Mbit also.

Basically 120 will still give the best speeds over 60. Also if the technician were to fix it we are stuck with 200mb we can't use fully. Either way the fact they said that they weren't covered by the EU directive and their refusal to cancel the connection within the cool down period despite it being the law is the issue here. And as I said the 200 euro fee that has to be paid and fought to get back is a joke also.. What is the point of having the cool down period?

28064212

Cancelling the direct debit will not affect your credit rating. The only way UPC can affect your credit rating is to get a judgement against you in court

garyegt

UPC are the best of the lot. the cool off period is 7 days, i dont know where you are getting 14 from, but every service provider is 7 days, and they cant all be wrong.

28064212

It doesn't seem like the cooling off period applies here

Consumers are entitled to a cooling-off period of 7 days, which begins on the day that they receive the product. In the case of a service, the cooling-off period begins on the day the contract for distance selling was concluded or the day written confirmation of the contract was received.
...

Cancellation will not be accepted, however, in the following cases:

• The provision of services have already begun with the consumer's agreement
• ...

From: http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html

So your OH can't get a refund under that protection. You might be able to argue that UPC aren't providing the service you asked for, but that's going to be pretty hard to show: UPC need to provide a 200mbps connection to your router, and a working router. If your devices can't take advantage of that, it's not their problem

clara_thornton

The Directive expands the current English Distance Selling Regulations which already provide consumers with protections when shopping online or purchasing goods when not actually in a retailer's store or premises.

Consumers have 14 calendar days to change their minds and return the goods for any reason

Currently under English law consumers have seven working days to cancel a sales contract and change their minds. This is commonly referred to as the 'cooling off period'. This will be extended to a minimum of 14 calendar days. The 14 day period will begin from the time the consumer receives the goods – not at the conclusion of the contract as is currently the case.

From out-law dot com

Service contracts

You may also withdraw from a service contract - for instance a telephone subscription - concluded online or with a door-to-door salesman. You have 14 days to withdraw once the contract has been concluded.

From europa dot eu

garyegt

clara_thornton wrote: »

The Directive expands the current English Distance Selling Regulations which already provide consumers with protections when shopping online or purchasing goods when not actually in a retailer's store or premises.

Consumers have 14 calendar days to change their minds and return the goods for any reason

Currently under English law consumers have seven working days to cancel a sales contract and change their minds. This is commonly referred to as the 'cooling off period'. This will be extended to a minimum of 14 calendar days. The 14 day period will begin from the time the consumer receives the goods – not at the conclusion of the contract as is currently the case.

From out-law dot com

Service contracts

You may also withdraw from a service contract - for instance a telephone subscription - concluded online or with a door-to-door salesman. You have 14 days to withdraw once the contract has been concluded.

From europa dot eu

this doesnt apply in ireland. the cooling off period is 7 days from day the order is placed. if you dont believe me, ask comreg.

UPC are good, but if you buy 200 meg from them but your laptop wont take that then its hardly their fault. you bought something that doesnt work with your devices and now you want to cancel. this isnt upc's fault, its your own.

clara_thornton

garyegt wrote: »

this doesnt apply in ireland. the cooling off period is 7 days from day the order is placed. if you dont believe me, ask comreg.

UPC are good, but if you buy 200 meg from them but your laptop wont take that then its hardly their fault. you bought something that doesnt work with your devices and now you want to cancel. this isnt upc's fault, its your own.

Well even if this is the case we were within the seven day time frame also! And they are still refusing to cancel without the 200 euro fee! Also proving it is simple 10mb downloads from a 200mb connection is nothing to do with the devices.

degsie

The cooling off period is valid only if you leave the supplied equipment unopened in the box! It's daft I know, but that what UPC stipulate.
Also If you are connecting a laptop with a 10meg ethernet port you are only going to get 10Mb/s. Just saying...

28064212

garyegt wrote: »

this doesnt apply in ireland. the cooling off period is 7 days from day the order is placed. if you dont believe me, ask comreg.

You're wrong there, the laws changed last month: http://www.eccireland.ie/june-2014-ebulletin-consumer-rights-directive/

garyegt wrote: »

UPC are good, but if you buy 200 meg from them but your laptop wont take that then its hardly their fault. you bought something that doesnt work with your devices and now you want to cancel. this isnt upc's fault, its your own.

Except this is exactly what the distance-selling withdrawal laws were brought in for.

Having looked at the actual directive (PDF), it looks like the OP does have a case, and that UPC can only charge for days of service already provided, not an extra termination fee. Specifically:

Article 9.1. Save where the exceptions provided for in Article 16 apply, the consumer shall have a period of 14 days to withdraw from a distance or off-premises contract, without giving any reason, and without incurring any costs other than those provided for in Article 13(2) and Article 14.

Articles 13 and 14 don't apply in this case.

If the consumer has made a request for the service to start before the cooling off period begins, as in this case:

3. Where a consumer exercises the right of withdrawal after having made a request in accordance with Article 7(3) or Article 8(8), the consumer shall pay to the trader an amount which is in proportion to what has been provided until the time the consumer has informed the trader of the exercise of the right of withdrawal, in comparison with the full coverage of the contract. The proportionate amount to be paid by the consumer to the trader shall be calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided.

The only semi-relevant exception from the right of withdrawal is Article 16(a):

service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;

However, the service contract has not been fully performed. This is only relevant where, for example, you have asked a painter to complete a job, and they've finished. You cna't withdraw there. Does not apply in this case.

OP, the burden of proof of withdrawal is on you, so make sure you have evidence that you have an explicit statement setting out your decision to withdraw from the contract (email/registered letter) dated from before the 14 days.

Also, UPC are almost certainly going to fight you on this. I would cancel your direct debit immediately, contact your bank and ensure UPC are put on your account's direct debit blacklist (your bank are required to provide this facility under new SEPA rules). Unless they get a judgement in court aginst you, they can't affect your credit rating.

UPC can only validly charge you for the daily cost of the contract multiplied by the number of days from when it was switched on to the date you formally notified them.