€264 Excess Usage Fees

NeverWaining

Just putting a shout out to see if anybody might have been in a similar situation before and who might be able to help or advise. 

Last January I signed my mother up to a new Broadband & Phone Bundle. Like many mothers who wouldn't have grown up with the internet she has absolutely no idea of GBs, broadband speeds, unlimited broadband or anything similar. She uses Facebook and watches David Attenborough on Netflix and she loves it. She doesn't question how it happens.
Last January I signed her up for a new Broadband and Phone package. I am genuinely 99% sure that I was told it would be Unlimited. 99%. And I'm told that I can get a recording of the call by contacting the Data Protection Office to confirm this. I definitely was not made aware that it was a 30GB cap as I would simply not have accepted this.

I noticed that Fibre has recently been introduced to her area and she had been promised a free upgrade to it when I signed that last contract for her so I had reason to get her recent bill (for acc. number) today. I was a bit surprised to see two excess Broadband charges for 19.80(+vat) for November and December. I called Eir immediately and I asked for the total excess charges for 2015. I was absolutely shocked when I heard a figure of €264.


I know this is an error. I know I was not told it was a 30GB allowance. The Eir rep has put it through to another department who will listen to the previous sales call to confirm this. At this stage, as stunned as I am I know that this is a mistake and that it will be rectified. Right?

The Eir customer service rep tells me that because my mother didn't understand broadband charges/excesses/unlimited terms and she didn't complain about these incorrect charges within 14 days of each bill there is the possibility that it is tough luck and Eir will keep the money they've gained from this. A part of me still believes that they will want to settle this fairly but I'm genuinely worried that they won't. I'm told that I'll know more within 10 days.


Would really appreciate it to hear from anybody who has been in a similar situation and as to how it was resolved.
Thanks

davo2001

Eir sales team will tell you whatever you want to hear to get the sale, what usage does your contract say?

NeverWaining

davo2001 wrote: »

Eir sales team will tell you whatever you want to hear to get the sale, what usage does your contract say?

They will tell you it is an Unlimited deal and put you on a lesser 30GB package just to get the sale? Even though that might be what happened here I can't believe that this is how they generally operate. There was a simple error made along the way somewhere surely.

ct5amr2ig1nfhp

"The Eir customer service rep tells me that because my mother didn't understand broadband charges/excesses/unlimited terms and she didn't complain about these incorrect charges within 14 days of each bill there is the possibility that it is tough luck"

This is utter rubbish. If your mother was miss sold your broadband package, you have every right to request a full refund of the excess charges and I would push for a gesture of good will.

Make an official complaint to Eir and ask that they listen to the phone recording. Get a complain reference number. If you are not satisfied with their response, you will have to request the recording most likely through the data protection channel in Eir (note there is a small fee that you must pay to Eir to get your information).

Request all information regarding your account, including contracts and call recordings. You'll have to specify the dates you wish to request.

Try to keep all correspondence in writing... emails, snail mail etc.

Best of Luck. Hopefully the reps here can help you.

NeverWaining

Heaven Helpful Vigil wrote: »

"The Eir customer service rep tells me that because my mother didn't understand broadband charges/excesses/unlimited terms and she didn't complain about these incorrect charges within 14 days of each bill there is the possibility that it is tough luck"

This is utter rubbish. If your mother was miss sold your broadband package, you have every right to request a full refund of the excess charges and I would push for a gesture of good will.

Make an official complaint to Eir and ask that they listen to the phone recording. Get a complain reference number. If you are not satisfied with their response, you will have to request the recording most likely through the data protection channel in Eir (note there is a small fee that you must pay to Eir to get your information).

Request all information regarding your account, including contracts and call recordings. You'll have to specify the dates you wish to request.

Try to keep all correspondence in writing... emails, snail mail etc.

Best of Luck. Hopefully the reps here can help you.

Thanks Heaven Helpful Vigil.
That's only what I have been told. If there is an error in your bill you have 14 days to notify them of it.
I have been in contact with Eir and I have been provided details on how to get a recording of the call (send a postal order for €6.35 to the data protection officer). Unfortunately they told me that this would take some time. It is with another department in Eir and they are going to listen to it and act from there, the result of which we should know before we would get any recording.

As mentioned I still believe that it will be resolved fairly but I can't help be worried that it won't be. If the worst case scenario happens that they won't refund her I think I'll just refund her myself out of my own pocket. She genuinely had no idea she was being charged more than she should although she would have known it was expensive of course. But she wouldn't have said.

NeverWaining

An update on this.

Eir did not contact us back within the 10 days they promised.
I called today for an update and was told that they are going to keep the money, as feared here in my original post:

The Eir customer service rep tells me that because my mother didn't understand broadband charges/excesses/unlimited terms and she didn't complain about these incorrect charges within 14 days of each bill there is the possibility that it is tough luck and Eir will keep the money they've gained from this.

I pushed them about her latest bill, citing that like every other bill during the year their error has resulted in an excess charge of €48.70 and this one is within their famous 14 day terms. Eir deducted and apologised for those excess charges immediately, simply because they have been caught in time. The rest (€216) they will keep.


I have contacted Comreg who have shown some interest. They have requested that I get a complaint number which I have requested today. (ProjectMoose you were correct, I should have done that when you advised it, but no harm done)
I don't know if there is anything Comreg can do but it is worth a shot.

Pegmatite

So did they come back and say what was said in the call recording?

KERSPLAT!

Does the bill not say what package you're on? Even if it's just the package name you can go online and check the bandwidth they give

NeverWaining

Pegmatite wrote: »

So did they come back and say what was said in the call recording?

KERSPLAT! wrote: »

Does the bill not say what package you're on? Even if it's just the package name you can go online and check the bandwidth they give

The bill probably does mention the package and it probably would be possible to check the bandwidth. For me and for you. Does my mother know what bandwidth means? Not a chance. She doesn't understand 'gigabytes' or 'unlimited gigabytes'. Her getting billed €264 for excess internet usage is like you getting a bill in the morning for excess dishwasher usage. She doesn't know or understand why it could happen.
Hence why she got me to do the talking to sign her up for a package. Hence why Eir managed to charge her €264 in excess charges all year and worryingly would have continued to do so if I had not took it upon myself to get her latest bill and account number to try get her upgraded to Fibre.


Eir are not disputing the fact that she was put on a Limited package incorrectly. They have never disputed the fact that we were led to believe it was an Unlimited package when signing up to it. The point they keep making is that they can keep the money.

pawrick

Sounds like shocking customer service in this situation to stick so rigidly to the 14 day rule when the fault originated on their side it seems. Are the reps here not going to try and work it out to save all the trouble?

esforum

theres no such limit on looking for a refund, by law Eir and all companies must refund an overcharge within 14 days of recieving notification of the error when payment was taken by direct debit. Thats the only mention of 14 days

You have 3 years to take legal recourse via the court system, 12 months in small claims (I think. Been a long time since I went that route over something)

Make a written complaint, stop calling. Print emails, topics here to show absolutely no answer to Eir and keep pushing. I cancelled my direct debit, oh they contacted me then allright but for your mam that may not be an option. 

in regards the call being recorded, you would need to make a freedom of information request, cheap to do but a little messy. Theres certain words that have to be used and so on. Still, it might be worth it.

14 days, people take longer holidays than that!

Why has no rep answered this topic?????

Pegmatite

I'm confused

Did they listned to the call recording?

What did they say you agreed to on the call recording?

How did it go on for so long?

Does your mom not look at her bills?