Alternating charges without contract

damagegt

Hello

I have been with a provider since 2008 till present but my contracted ended in 2009 but have still been receiving service.Is it legal from them to make increases/decreases to my bill without ever signing a new contract ?

FreudianSlippers

You still have a contract, usually it has a rollover clause of some sort (30 day is standard). It's impossible to say without seeing the contract, but the answer is most likely: yes, they can.

damagegt

FreudianSlippers wrote: »

You still have a contract, usually it has a rollover clause of some sort (30 day is standard). It's impossible to say without seeing the contract, but the answer is most likely: yes, they can.

Do you mean I have 30 days to agree/disagree before the contact continues ?

FreudianSlippers

damagegt wrote: »

Do you mean I have 30 days to agree/disagree before the contact continues ?

Sorry, I realise my post isn't actually fully accurate to your likely scenario when I re-read your OP.

It's likely that your contract didn't end, but the minimum period ended - i.e. you are still in that same contract with them. This contract is very likely to have a clause that says they can vary the charge at any time (for example UPC has a clause like this) and it will have a clause that says if you wish to terminate the contract outside of the minimum term, you must give 30 days notice.

The alternative is that you have a contract which has a term - i.e. it expires after a certain number of months - but it has a rollover or automatic extension clause whereby the contract automatically extends by a set time (often 30 days as well) if one party does not give notice to the other party that they wish to end the contract by whatever means stipulated.

Again, apologies for the info in the earlier post, when I looked again at your post, it's more likely you are referring to a UPC-type contract.

damagegt

FreudianSlippers wrote: »

Sorry, I realise my post isn't actually fully accurate to your likely scenario when I re-read your OP.

It's likely that your contract didn't end, but the minimum period ended - i.e. you are still in that same contract with them. This contract is very likely to have a clause that says they can vary the charge at any time (for example UPC has a clause like this) and it will have a clause that says if you wish to terminate the contract outside of the minimum term, you must give 30 days notice.

The alternative is that you have a contract which has a term - i.e. it expires after a certain number of months - but it has a rollover or automatic extension clause whereby the contract automatically extends by a set time (often 30 days as well) if one party does not give notice to the other party that they wish to end the contract by whatever means stipulated.

Again, apologies for the info in the earlier post, when I looked again at your post, it's more likely you are referring to a UPC-type contract.

It is indeed .Thank you so much.I might be back to you when I find out more.

FreudianSlippers

If it is UPC, it's in Clause 6:

We may vary our Charges from time to time.

Duration is Clause 3:

3.1 Unless otherwise stated in our Price List or other documentation that we provide to you, the minimum period (the “Minimum Period”) of the Services is twelve (12) months starting on the date we activate the Services. You can only terminate this Agreement during the Minimum Period as specifically detailed in this Agreement, otherwise we may charge you a cancellation charge of up to €200, or a charge consisting of all relevant charges which would have been payable to the end of the minimum period, whichever is the lesser amount. If you want to terminate this Agreement after the Minimum Period, one month’s written notice is required.

3.2 For specific Packages (unless otherwise stated in our Price List or other documentation that we provide to you), the Minimum Period is one month and either you or us may cancel additional Services or specific Packages with one month’s notice.

Clause 11.6 deals with cancellation outside of Minimum Period:

11.6 After the Minimum Period expires this Agreement will continue until it is terminated by either of you or us giving the other one month’s prior notice. You must pay all relevant Charges up to the end of that one month notice period.

Victor

FreudianSlippers wrote: »

If it is UPC, it's in Clause 6:

Some bright spark in UPC changed the T&Cs, including a chnage of minimum contract from 12 to 18 months, but failed to tell sales staff. They issued me with two different sets, without distinguishing which apply.

So those are sample UPC T&Cs, not necessarily the ones that apply in every case.

FreudianSlippers

Victor wrote: »

Some bright spark in UPC changed the T&Cs, including a chnage of minimum contract from 12 to 18 months, but failed to tell sales staff. They issued me with two different sets, without distinguishing which apply.

So those are sample UPC T&Cs, not necessarily the ones that apply in every case.

Ah you give me no credit! Contract changed in 2013, OP said his contract was from 2008, so I used the terms from the old one.

...and who said being a lawyer wasn't thrilling!?