Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

What defines a contract?

  • 06-01-2016 2:08pm
    #1
    Plazaman
    Registered Users, Registered Users 2 Posts: 3,012 ✭✭✭


    I have been with a broadband service provider for about 8 years and over the last while felt I wasn't getting the download speeds specified. I switched provider over the Christmas and when I went to cancel, they told me that when I upgraded a package in Sept 14 a two year contract applied. Now they're looking for €360 (which I negotiated to €250) to cancel.

    Thing is the only thing I remember signing was an upgrade form which did mention the 24 months under the signature line. Can this be considered a contract or should I have got a larger document with terms and conditions on it?

    I'm not too happy considering the poor service I received which made me switch in the first place. I contacted them at least 3 times last year and while they always fiddled with something on their side but it never worked for long.


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    A contract can be verbal. I assume this was over the phone, so they will likely be able to backup their claim of a verbal contract with a recording.

    There are numerous pieces of consumer protection legislation which may allow you out of the contract, but to answer your OP any meeting of the minds on the basis of offer acceptance and consideration forms a valid contract where there is no legally required formalities.


  • #3
    CramCycle
    Moderators, Sports Moderators Posts: 25,518 Mod ✭✭✭✭CramCycle


    I suppose the question is why do you want to cancel. Is the service not as described, are there issues with it.

    If you are just cancelling because you want too it might be hard to argue but if it is due to a range of issues that are solely the providers then you may have grounds to dismiss them as they have not fulfilled their end of the contract satisfactorily.

    eg you signed up for 240mb but are only getting a 24mb connection speed, the connection keeps dropping, the broadband is beinfg choked despite being unlimited etc.


  • #4
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Just cancel the direct debit at the bank and let them go swing


  • #5
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,637 ✭✭✭✭ohnonotgmail


    Mr. Incognito wrote: »
    Just cancel the direct debit at the bank and let them go swing


    really terrible advice. the OP would be back on here in a few months asking what to do about phone calls from debt collectors.


  • #6
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    ohnonotgmail wrote: »
    really terrible advice. the OP would be back on here in a few months asking what to do about phone calls from debt collectors.

    Ignore them.

    They have a contract for 250 Euro which is sketchy at best.

    They cannot affect his credit rating.

    Debt Collectors cannot affect his credit rating. I really wish that people knew this.

    The could seek a judgment but the quantum here is not enough for that.

    The appropriate forum is the small claims court.

    People really need to get some perspective. The chances of them recovering this monies if he tells them to get lost is zero.


  • Advertisement
Advertisement