Upc breaking contract

iphone6

Upc quoted me half price on total bill after I told them I'd like to leave as they are too expensive got the bill and only a small reduction said the half price be only on a bundle so I'm still paying 3/4 of original costs.

I told them to listen back to first call they said agent is new and they not gonna honors it yet if I broke contract id be paying 200€ to get out of it.

Anything I can do to get them to honour there agreement ?

Mr. Incognito

UPC recently changed their terms and conditions allowing you to leave without penalty before 10 February- did out this notification email and respond you would like to leave in writing

iphone6

Mr. Incognito wrote: »

UPC recently changed their terms and conditions allowing you to leave without penalty before 10 February- did out this notification email and respond you would like to leave in writing

I don't want to leave as they offered a super deal but won't honor it.

MarkAnthony

This isn't really the forum for this as any advice is going to border on legal advice, it gets called consumer advice in the consumer issues forum, so that's what I'm going to dispense.

Firstly no company is going to be forced to provide something on an uneconomical basis if a mistake has been made. That said are you saying that you were out of contract, phoned up to leave (whether you were actually going too or not) they offered you X on the basis of a new contract and you accepted?

Now they expect you to remain in the contract but not at the agreed price?

iphone6

MarkAnthony wrote: »

This isn't really the forum for this as any advice is going to border on legal advice, it gets called consumer advice in the consumer issues forum, so that's what I'm going to dispense.

Firstly no company is going to be forced to provide something on an uneconomical basis if a mistake has been made. That said are you saying that you were out of contract, phoned up to leave (whether you were actually going too or not) they offered you X on the basis of a new contract and you accepted?

Now they expect you to remain in the contract but not at the agreed price?

Yes as they can't honor the contract I can leave without penalty alternatively they will offer me the next best thing all they say on the phone sorry can't do nothing about it.

I think I'm at a loss as I keep pushing they say I can take few days to make up my mind but the new offer is the best they will do.

MarkAnthony

iphone6 wrote: »

Yes as they can't honor the contract I can leave without penalty alternatively they will offer me the next best thing all they say on the phone sorry can't do nothing about it.

I think I'm at a loss as I keep pushing they say I can take few days to make up my mind but the new offer is the best they will do.

Not a huge amount you can do then I'm afraid.

iphone6

Best to just accept the new offer and chalk it down to experience and keep looking at better deals else where,

@markantony cheers

MarkAnthony

Afraid so. I'd still threaten them with the Comreg for pure devilment.

For my money you cant beat the UPC broadband/phone deal then netflix and freeview TV.

Incidentally anyone on here that hasn't got netflix for the forth coming 'Better call Saul" is just wasting everyone's time!

Carawaystick

MarkAnthony wrote: »

Firstly no company is going to be forced to provide something on an uneconomical basis if a mistake has been made. That said are you saying that you were out of contract, phoned up to leave (whether you were actually going too or not) they offered you X on the basis of a new contract and you accepted?

Now they expect you to remain in the contract but not at the agreed price?

I'd doubt the marginal cost to the telecom co is anything like the agreed price, it's much lower, so it wouldn't be uneconomical for the telco to provide the service agreed.

If I were the OP and had paid by direct debit, I'd look at the grievance procedure with your bank.
I'd also get a copy of the recording from the telco, ad pay the 6.35 for a dpa request if necessary.

I'd contact the telco only in writing/email. They probably try to have only oral contracts for their benefit in disputes.

I'd explain to the telco that you feel you were misled and made a transactional decision ( i.e. you decided to pay money) you would not otherwise have made
I might hold fire for their response to see if they agree, as misleading information is a criminal offence ( S.47)

Section 43 (1) of the consumer protection act 2007 :
A commercial practice is misleading if it includes the provision of false information in relation to any matter set out in subsection (3) and that information would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make

Section 47
A trader who engages in any misleading commercial practice described in section 43 (1) or (2) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5 .

iphone6

Carawaystick wrote: »

I'd doubt the marginal cost to the telecom co is anything like the agreed price, it's much lower, so it wouldn't be uneconomical for the telco to provide the service agreed.

If I were the OP and had paid by direct debit, I'd look at the grievance procedure with your bank.
I'd also get a copy of the recording from the telco, ad pay the 6.35 for a dpa request if necessary.

I'd contact the telco only in writing/email. They probably try to have only oral contracts for their benefit in disputes.

I'd explain to the telco that you feel you were misled and made a transactional decision ( i.e. you decided to pay money) you would not otherwise have made
I might hold fire for their response to see if they agree, as misleading information is a criminal offence ( S.47)

Section 43 (1) of the consumer protection act 2007 :
A commercial practice is misleading if it includes the provision of false information in relation to any matter set out in subsection (3) and that information would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make

Section 47
A trader who engages in any misleading commercial practice described in section 43 (1) or (2) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5 .

Where do I look in presuing the case itself, they will say sorry contract broke once this is said and done they still say the offer on table is half price on bundle for 12 months and the orgin offer can't and wont ever be honoured take it or leave it.

I still make argument that should get the orginal half price on whole package but they said can't be done manual on there system and can't over ride it and this came from team leader which won't put me on to some one higher up the ladder,

Once I get copy of call for the 6.50€ what good is it to me as they acknowledged that what I was first told is incorrect.

Thanks

MarkAnthony

Caraway is of course correct, but you'll then end up dealing with the provision (which is no doubt) within there contract on ending their contract at any time, for any reason. This unilateral term may be unfair in of it self, but just to play devils advocate here.