Meteor have breached contract

gavquinn

In Feb 2014 I signed a 24 month mobile phone contract over a telephone, in a recorded sales call to Meteor. I was renewing my expired 24 month contract from Feb 2012, and put through to Meteor’s retentions department. There I spoke to a man in their retentions department who worked out a deal to keep me as a customer. I clearly stipulated several times throughout the call that I would only be willing to sign up for a new contract if I could retain my ‘Unlimited Data’ package.

The sales person told me that this offer would be expiring in May 2014, but said that I would have this offer for the entire 24 months of my contract. I asked repeatedly if I would indeed have the unlimited data package for the 24 month period. I was told categorically that I would have the unlimited data package on my account for the 24 month period. In the following months I had to make several phone calls to meteor over incorrect billing amounts. I was repeatedly charged too much for every bill. As a result, I had to cancel my direct debit and opted to pay the bills manually, in order to ensure that my bills were being charged correctly. I was repeatedly charged penalty fees for exceeding 15 gb on a plan that was named ‘unlimited data’. I was sold this package, even though it was limited to 15gb.

In May 2014, my bill arrived with excessive charges for data. I spoke to customer care several times and a supervisor in the same department who all informed me that the unlimited data plan was in fact limited to 15gb of data. Further I was told that this had expired from my account. I spoke to the same supervisor who said that he had to listen back over my recorded sales call, in order to verify that I was guaranteed the unlimited data package for the entire 24 month contract. The same supervisor confirmed that I was indeed guaranteed this, and reinstated the unlimited data plan on my account. This supervisor gave me a 25% discount for the remainder of my contract, as a gesture of goodwill for the billing issues. In October 2014, I noticed that again the unlimited data plan was removed from my account. I called to Meteor customer care and spoke to a representative. They told me that a case was created and that the sales team would call me back. No call was made to my phone. Again, in December 2014 I called customer care, I was again told to expect a call from sales, no call was returned.

In January 2014 I called again and was told that I would be called back. After this third call I was called back and told that the unlimited data package was not available. I asked to speak to the same supervisor but was refused. I called again to Meteor on this same day to another agent and was told the same thing. I was challenged by both customer service representatives on the 25% discount, saying that as I already have been given a discount, there shouldn’t be a problem.

Both customer service operators offered to sell me a ‘data add on’ for an extra €10 on top of my current bill. Again, I asked to speak to a supervisor but was refused. I stated that I refused to pay more money each month to get what I agreed to contractually. I informed both agents that in Feb 2014, during my recorded sales call, I was guaranteed the unlimited data package for the entire 24 month contract. Both sales agents denied this, and said that there was no record of such an offer on my account. I explained that my call was recorded and was referenced in May 2014 by the supervisor who conceded this fact. Both agents denied knowledge of recorded calls. The agents then suggested that I myself call the retentions department to ‘ask around to see if anyone remembers’ a call in February 2014.

I claim that Meteor is in breach of contract. I agreed to a contract under clearly stressed and repeatedly advised terms. These terms were agreed to by Meteor for the purposes of retaining my custom. Less than half way through my contract, the contract’s terms were changed without my knowledge or consent. I clearly stated in February 2014 that I would only sign my contract should this offer be available, and should they not be able to give this, that I could go to another network who would provide me with an unlimited data package. I was charged repeated penalty fees for exceeding 15 gb of data, although I was unaware that I was on a falsely named 'unlimited data' package.

This package was re-instated and I even opted to add more data to my account at great cost to myself in order to meet my requirements. I was guaranteed several times over my recorded telephone conversation of Feb 2014 that I would have this package for my entire 24 month contract. This was removed from my account several times and extra charges applied.

I was told by 2 customer care agents that re-instating my previous contract was impossible and that I would have to pay extra fees to get what I agreed to contractually. I told both agents on 01/01/2015 that my contract was agreed to with the unlimited data package for the whole 24 months and that with this removed, the contract should be null and void. The reply to this was that I refused the offer to purchase a more expensive plan. My complaint is that my contract has been breached by Meteor. I was mis-sold a plan that was falsely advertised. I guaranteed a plan for the entire contract duration of 24 months which was then removed without my knowledge or consent. My attempts at contact were not followed up.

slimjimmc

Have you a question OP?

gavquinn

slimjimmc wrote: »

Have you a question OP?

Terrebly sorry, I posted this copied from my email. My question is. How am I to be seen in the eyes of the law?

Meteor have broken the contract.

I want to give my 30 days notice and leave. And won't be paying any cancellation fees, since they broke the contract.

I should also say, I will return the phone to meteor with all accessories/packaging, etc.

monkeysnapper

I had a call with Vodafone in Feb last year where they told me as soon as e fiber was available I would be given that plus unlimited internet for my 18 month contract .

1st month I was charged for going over my internet usage . Took me loads of calls to get my penalties taken off , which they did eventually .

Then in July they basically refused to give me e fiber without a extra charge . I informed them of recording to clarify they were in wrong. I told them I would be taking off my direct debit and refusing to pay a penny more and tear up my contract on them because they broke contract.

They said they would have to get recordings . 3 weeks later they gave in and gave me what I wanted because I was right. Hang in there op . There all the same .
In future I will be informing them I will be recording these calls for my training purposes .
They have broken the contract so you need to inform them you want a file of recording to your e mail and then when you have proof ditch these cowboys .

delahuntv

what contract? Do YOU have a recording of the call? - If not, you revert to the written contract or the published terms and conditions.

Most phone compnaies have a 15gb cap - this is to ensure some users don't clog up the network.

I'd say they won't have an issue with you leaving, but if you got a phone in your upgrade, you will need to either pay for that or return it.

There is NO CHANCE they will let you keep a subsidised phone and not pay compensation.

If you think you are right, you can make a complaint - somehow, I think your over-complaining will go against you along with the fact YOU have no recording of the conversation or anything in writing.

foggy_lad

OP You need to request a copy of your contract from Meteor in a formal manner, by email or written letter. Formally request proof of your contract with meteor including any/all audio recordings relating to your contract.

gavquinn

monkeysnapper wrote: »

I had a call with Vodafone in Feb last year where they told me as soon as e fiber was available I would be given that plus unlimited internet for my 18 month contract .

1st month I was charged for going over my internet usage . Took me loads of calls to get my penalties taken off , which they did eventually .

Then in July they basically refused to give me e fiber without a extra charge . I informed them of recording to clarify they were in wrong. I told them I would be taking off my direct debit and refusing to pay a penny more and tear up my contract on them because they broke contract.

They said they would have to get recordings . 3 weeks later they gave in and gave me what I wanted because I was right. Hang in there op . There all the same .
In future I will be informing them I will be recording these calls for my training purposes .
They have broken the contract so you need to inform them you want a file of recording to your e mail and then when you have proof ditch these cowboys .

Ok, so ask them for the recording to be sent to me? The 2 cust serv. people were nice, but both were scratching heads regarding this 'recording' of calls. I know it was recorded for as mentioned, the team leader I dealt with in May said he 'had to go back and listen to the call, to ensure you were offered that. All sales calls are recorded.'

I want to rescind the contract at this stage. I pay all my bills, I'll courier them the phone when it's done.

One does worry about the credit rating..

gavquinn

delahuntv wrote: »

what contract? Do YOU have a recording of the call? - If not, you revert to the written contract or the published terms and conditions.

Most phone compnaies have a 15gb cap - this is to ensure some users don't clog up the network.

I'd say they won't have an issue with you leaving, but if you got a phone in your upgrade, you will need to either pay for that or return it.

There is NO CHANCE they will let you keep a subsidised phone and not pay compensation.

If you think you are right, you can make a complaint - somehow, I think your over-complaining will go against you along with the fact YOU have no recording of the conversation or anything in writing.

Thanks for the reply, much thanks to everyone for reading in fact, I know it's a long mail.

I don't want to keep the phone, I'll courier it down to them or deliver it myself down to HSQ.

I know there's a 15gb cap now, but it was sold as 'unlimited data'. Misleading as anyone can see.

Terms and Conditions cannot supersede the law. As a lecturer once put it. 'I can't pay you to kill my wife and then sue you for not doing it.' The law says if a contract was not breached, I was 'tricked' into the contract. I repeated myself on the recorded call several times to ensure I was recorded. I was told 'you'l have unlimited data for the whole contract.'

The thing is. One can enter into a contract over the phone in Ireland when accepting services. The phone call is the proof of contract acceptance. That said, if Meteor say that the call recording doesn't exist, how can the contract? For them to say I'm tied to a contract, they must (and do) have that recorded call.

gavquinn

foggy_lad wrote: »

OP You need to request a copy of your contract from Meteor in a formal manner, by email or written letter. Formally request proof of your contract with meteor including any/all audio recordings relating to your contract.

I will do, thanks for the reply. The forums have told me a lot, has anyone similar experience? Or gotten out of a contract?

I know I COULD return the phone and just ignore all debt collectors, letters, etc, but I want them to rescind the contract. Take the loss as a fraction of a percentage.

foggy_lad

gavquinn wrote: »

I will do, thanks for the reply. The forums have told me a lot, has anyone similar experience? Or gotten out of a contract?

I know I COULD return the phone and just ignore all debt collectors, letters, etc, but I want them to rescind the contract. Take the loss as a fraction of a percentage.

If they have no recording of the original call then there is no contract and you get to leave with a months notice and keep the handset!

monkeysnapper

Yeh, ask for file of recording and written contract ( current one) so you can prove that current contract is incorrect to what you signed up to . Your recording is this,
The best you'll prob get is refunded and maybe something extra . Aim high tho .

Good luck

I know from my point of view I'm recording all these things for now on . But I'll be informing them I'm recording them so as to keep it legal

gavquinn

monkeysnapper wrote: »

Yeh, ask for file of recording and written contract ( current one) so you can prove that current contract is incorrect to what you signed up to . Your recording is this,
The best you'll prob get is refunded and maybe something extra . Aim high tho .

Good luck

I know from my point of view I'm recording all these things for now on . But I'll be informing them I'm recording them so as to keep it legal

Thanks a million for your help Mr Snapper.

Mr. Incognito

You can take a claim in the small claims court for the difference.

Write out what happened and the dates and ask for a copy of the recordings.

gavquinn

FYI Guys.

http://www.irishstatutebook.ie/2011/en/si/0337.html

(4) An undertaking referred to in paragraph (1) shall, not less than one month prior to the date of implementation of any modification to the contractual conditions proposed by the undertaking, notify its subscribers to that service of—

(a) the proposed modification in the conditions of the contract for that service, and

(b) their right to withdraw without penalty from such contract if they do not accept the modification.

(5) The Regulator may specify the format of notifications referred to in paragraph (4).

(6) A subscriber referred to in paragraph (4) may withdraw from his or her contract with the undertaking or provider without penalty if he or she does not accept a proposed modification referred to in paragraph (4).

As stipulated by law, If I do not accept modifications to my contract/pricing tariffs, one may leave the contract without penalty.

This is what was put up on their pay as you go (PAYG) site. Not how they've hidden the information on their site in an article:

http://www.meteor.ie/terms_and_conditions/notifications/payg_suspension_credit/

This is from their last change in 2014, note how they've omitted this reference to the right to withdraw from a contract without penalty:

http://www.meteor.ie/terms_and_conditions/notifications/billpay_directory_enquiry_pricing_change_november2014/

The above extract from section 14, has no mention that subscribers must notify them in 30 days. Meteor have added this in. Of course, it's on the PAYG page, who gets a free iPhone5 on PAYG? They've omitted this detail, but the statute is there in black and white. Not also how they've hidden this reference.

The burden of informing the customer is 30 days prior to changes. Subscribers are not limited in time to inform Meteor. (The last change was only 7/8 weeks ago.)

I do not accept the modifications to my contract, namely regarding my loss of my 'Unlimited Data', or the modifications of November 2014 to directory enquiries tariff increase.

Gatling

Sounds like any excuse to get out of a bill .

The change to directory enquiries is a 3rd party premium service got nothing to do with meteor it's across all networks.

gavquinn

Gatling wrote: »

Sounds like any excuse to get out of a bill .

The change to directory enquiries is a 3rd party premium service got nothing to do with meteor it's across all networks.

Incorrect.

First, it doesn't matter what it sounds like, (not being rude here) the law says I don't have to accept the changes I've mentioned: The removal of my unltd data, and the directory enquiries price increase.

IF Meteor absorbed the directory enquiries price increases themselves instead of passing the increase on to customers, the T&Cs shouldn't change. They have changed, my tariffs have increased, my data allowance decreased.

Look at the links, it's black and white.

P.S. I've paid all of my bills.

delahuntv

gavquinn wrote: »

Incorrect.

First, it doesn't matter what it sounds like, (not being rude here) the law says I don't have to accept the changes I've mentioned: The removal of my unltd data, and the directory enquiries price increase.

IF Meteor absorbed the directory enquiries price increases themselves instead of passing the increase on to customers, the T&Cs shouldn't change. They have changed, my tariffs have increased, my data allowance decreased.

Look at the links, it's black and white.

P.S. I've paid all of my bills.

YOU sir are incorrect - try reading the ENTIRE contract, not just the line you think suits yourself.

Its in BLACK and WHITE!

gavquinn

delahuntv wrote: »

YOU sir are incorrect - try reading the ENTIRE contract, not just the line you think suits yourself.

Its in BLACK and WHITE!

Have I hurt your feelings? Try reading the entire post maybe. And point out where I'm incorrect.

thehouses

Meteor are a poor company to deal with and I would strongly advise anyone to stay from them. There is never a call back from a supervisor when promised and they seem to take joy from poor customer service. For example unlimited data has a limit, yet this is somehow legal. Have a look at their forum for another issue where they seem to take joy from having a policy where customers can get bills in the thousands of euro. http://forums.meteor.ie/t5/Mobile-Broadband/Crazy-Billing-for-Mobile-Broadband-Buyers-Beware/td-p/172119

gavquinn

My story at the beginning is an overview.

I called them 5 times from 05/11/2014 and never got a call back regarding my plan and contract. Nobody called me back at all even once.

I've researched a lot of opinions online, I've seen peoples grievances, I'm lucky that my problems aren't as bad as many other people's.
The first 2 year contract I had was flawless, but I've got them on some tight points:

- Sales call was recorded, recording referenced, then existence of which denied. (I have all names and dates)

- Offer was made with pre-requisite clear outlined. I was essentially given the 'yeah,yeah' treatment to get me to verbally sign, which is legal. Unfortunately, tricking someone into a contract, such as telling someone that they'll pay X when they'll have to pay more is illegal. Unlimited Data was never going to last 24 months, 2 people named have confirmed this.

- Unlimited Data was removed from my account without notice or acceptance. This constitutes a T&C modification. If they argue, 6 weeks ago they also modified T&C regarding costs to directory enquiries, i.e., if I run up a directory enquiries call for 30 mins, contract says I have to pay. But I do not have to accept this modification. Both of these qualify as a contract modification. I only need one, I have two.

I'd advise anyone in the right who wants to take them on to do their homework legally, google and search and read everything. It took a lot of hours of searching.

gavquinn

Well, spoke to cancellations in Meteor today. I did research more on the Directory Enquiries price increase. It seems that as it's a third party cost, they don't have a choice about the price increase.

Fair enough, but that being said, that was just an extra push for Meteor. I still have them on the fact that my T&Cs were changed twice without notice or agreement.

I called cancellations, I was argued with politely, I was told that;

'The 25% discount mean that it wasn't possible also to add the unlimited data. So in order to get the unlimited data package back on, you'll have to give up the discount.'

So they tried to wrangle out of the facts that are there, they've avoided them and offered me 15gb. I said no. I got a call back and was offered no bill increase, but 20gb added on for the entire 24 month contract.

I said thanks but declined. They did ask why I wasn't taking this offer. I said AGAIN:

'My contract was changed twice. I signed up for unlimited data for the 24months of the contract. I didn't get 1 month's notice of this modification. I did not then, nor do I now accept this modification. I want to withdraw from my contract.'

I'm told this has to be escalated and that I'll get a call back from a manager.

Also, I reported this to ComReg, they came back quickly and agreed that I should have been notified and started a case with Meteor. Not wanting to give too much space, I didn't wait for replies. I sent a 6 page registered letter, pre-empting all responses and arguments from Meteor.

I'll chase up tomorrow and push for a reply by the manager. I've notified Meteor that a ComReg case has been started. I don't want to give them time to argue or sit on it, I want them to just say 'Oh go on, let him withdraw'. They can just let me go and file it under losses.

This isn't a scam to get from a contract, this case is legitimate and backed up.

I'll update in case anyone's interested.

thehouses

It would be nice to see how it will work out for you all right. Best of luck.

wmpdd3

Great to see how this pans out, it's an issue with over the phone contacts. The recording is so important.

ssmith6287

Does small print not say unlimited based on fair play usage or something along them lines. Where they take the average and double or add a percentage. I remember it being explained to me before

gavquinn

So sorry I haven't thought of boards!

The latest is that a few days later they called to say I could withdraw. It turns out, I had them on the T&Cs change. They can't do that without 30 days notice, and you don't have to accept them. Also, the website says 'failure to notify us indicates acceptance.' Ignore that, it's rubbish, the law's the law. You can leave, you're in the right - that's just them trying to convince you of otherwise. These modifications were made, I don't accept them. The fact that they didn't inform me in 30 days notice was incidental, and didn't really matter. I hope that this info will be helpful to some others out there!