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Trying to cancel a SKY Broadband installation is like pulling teeth...

  • 23-11-2018 8:40pm
    #1
    raspberrypi67
    Registered Users, Registered Users 2 Posts: 831 ✭✭✭


    Well Folks,

    How long do you think it would take to cancel an installation that was only done days beforehand.

    Sky installed the modem and said the landline to the path was not great, so I decided to go with it. Cooling off period of 2 weeks so I thought ok.
    Its crap through no fault of sky but do you think its as easy to cancel as it is to get it in??? Ha, no way....
    Today I spent on and off with the sky messenger app on my phone , litterly from 4pm today to approx now, 8.30.
    I got to the point where they said that was fine it could be canceled but not from the UK messenger based app. Well, I had a few expletives on line to them to say the least.
    Has anyone had a similar experience...
    The Ireland site doesn't even seem to have a chat option...its crap...


Comments

  • #2
    Roger Hassenforder
    Closed Accounts Posts: 8,555 ✭✭✭Roger Hassenforder


    raspberrypi67 wrote: »
    Well Folks,

    How long do you think it would take to cancel an installation that was only done days beforehand.

    Sky installed the modem and said the landline to the path was not great, so I decided to go with it. Cooling off period of 2 weeks so I thought ok.
    Its crap through no fault of sky but do you think its as easy to cancel as it is to get it in??? Ha, no way....
    Today I spent on and off with the sky messenger app on my phone , litterly from 4pm today to approx now, 8.30.
    I got to the point where they said that was fine it could be canceled but not from the UK messenger based app. Well, I had a few expletives on line to them to say the least.
    Has anyone had a similar experience...
    The Ireland site doesn't even seem to have a chat option...its crap...


    Have you actually cancelled?
    Can you Email them and tell then you're canceling within your cooling off period, with immediate effect. Plug it out and box it up

    Add the equipment is available for collection from tomorow, but if its not collected with a reasonable period, you'll have to start billing them for insurance, heating and other overheads.


  • #3
    icdg
    Moderators, Technology & Internet Moderators Posts: 12,073 Mod ✭✭✭✭icdg


    Moved to Broadband


  • #4
    Marlow
    Registered Users, Registered Users 2 Posts: 14,555 ✭✭✭✭Marlow


    Roger Hassenforder wrote: »
    Add the equipment is available for collection from tomorow, but if its not collected with a reasonable period, you'll have to start billing them for insurance, heating and other overheads.

    Shipping the equipment back is actually the consumers obligation and also the cost for shipping it back. That's how the statue instrument outlines it. So your suggestion there will just get him/her in trouble.

    Also be aware, that the 14 day cooling off period starts when the contract is signed. Not when the installation is done. When it comes to telecoms contracts, it's there so you can opt out of your decision to bind yourself into a lengthly contract, not to test the service before making a decision.

    /M


  • #5
    Roger Hassenforder
    Closed Accounts Posts: 8,555 ✭✭✭Roger Hassenforder


    Marlow wrote: »
    Shipping the equipment back is actually the consumers obligation and also the cost for shipping it back. That's how the statue outlines it. So your suggestion there will just get him/her in trouble.

    Also be aware, that the 14 day cooling off period starts when the contract is signed. Not when the installation is done. When it comes to telecoms contracts, it's there so you can opt out of your decision to bind yourself into a lengthly contract, not to test the service before making an decision.

    /M

    You sure?
    you've a link to the relevant statute...

    Any time I've cancelled something, the equipment is collected by merchant arranged courier. I just boxed it up, made it available for collection...


  • #6
    Marlow
    Registered Users, Registered Users 2 Posts: 14,555 ✭✭✭✭Marlow


    Roger Hassenforder wrote: »
    You sure?
    you've a link to the relevant statute...

    Any time I've cancelled something, the equipment is collected by merchant arranged courier. I just boxed it up, made it available for collection...

    This refers to the statue:

    http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html

    "You have to pay for the cost of returning the goods unless you were not informed before ordering that you would have to bear the cost."

    The actual statue is here: http://www.irishstatutebook.ie/eli/2013/si/484/made/en/print

    So it's important to double-check, what it says in the contract, that has been agreed.

    /M


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  • #7
    Roger Hassenforder
    Closed Accounts Posts: 8,555 ✭✭✭Roger Hassenforder


    Marlow wrote: »
    This refers to the statue:

    http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html

    "You have to pay for the cost of returning the goods unless you were not informed before ordering that you would have to bear the cost."

    The actual statue is here: http://www.irishstatutebook.ie/eli/2013/si/484/made/en/print

    So it's important to double-check, what it says in the contract, that has been agreed.

    /M

    The devil can be in the detail all right.

    When you purchase goods online/phone, you must (usually) pay to return them. Thats my experience

    However, if you purchase a service that requires the supplier to supply equipment to deliver the service, usually that equipment remains the property of the supplier, and their responsibility to recover it from you, on expiry of the contract, or if you wish to exit the contract in accordance with your statutory rights.

    Also, cooling off periods where a service is to be provided (e.g. broadband/Sky TV) your 14 days cooling off period can only commence once you recieve your goods and determine whether the goods are what you reasonably expected under the term of the contract you entered into. You've statutory protection under the sale of goods act that cant be impinged.


  • #8
    Marlow
    Registered Users, Registered Users 2 Posts: 14,555 ✭✭✭✭Marlow


    Roger Hassenforder wrote: »
    Also, cooling off periods where a service is to be provided (e.g. broadband/Sky TV) your 14 days cooling off period can only commence once you recieve your goods and determine whether the goods are what you reasonably expected under the term of the contract you entered into. You've statutory protection under the sale of goods act that cant be impinged.

    No. That's actually wrong.

    With physical goods, your cooling off period begins when you receive the goods.

    With services, where a contract is involved, your cooling off period begins, when you sign the contract. You then have 14 days to cancel said contract. However, if you agree to get the service installed earlier and waive your right to the cooling off period as part of that agreement, then that's your choice.

    Some providers will provide you with the service earlier, even if you didn't agree or they didn't ask you. In that case, you have your 14 days cooling off period, even though the service got provisioned. From the day you signed the contract. Not from the day, the service got provided.

    That's why there is that clause about waiving your right to the cooling off period.

    Fixed line services can be extremely costly to the provider to install/provide.

    /M


  • #9
    Johnboy1951
    Registered Users, Registered Users 2 Posts: 14,049 ✭✭✭✭Johnboy1951


    Not bothered to root through paperwork, but I do recall checking this very point in the eir blurb, and was able to confirm that my cooling off period for FTTH began when the service went live, and only then.


  • #10
    tsue921i8wljb3
    Closed Accounts Posts: 5,017 ✭✭✭tsue921i8wljb3


    Johnboy1951 wrote: »
    Not bothered to root through paperwork, but I do recall checking this very point in the eir blurb, and was able to confirm that my cooling off period for FTTH began when the service went live, and only then.

    It is in the email you should have got confirming your installation.
    Our 14-day cooling off period
    You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days from the date of installing the service. To exercise that right you must inform us of your wish to cancel by calling us on 1901.

    Also quoted in

    https://www.eir.ie/opencms/export/sites/default/.content/pdf/terms/eir-cooling-off-period-text.pdf


  • #11
    Roger Hassenforder
    Closed Accounts Posts: 8,555 ✭✭✭Roger Hassenforder


    Shane Tangy Pound wrote: »
    It is in the email you should have got confirming your installation.



    Also quoted in

    https://www.eir.ie/opencms/export/sites/default/.content/pdf/terms/eir-cooling-off-period-text.pdf

    Installing the service though... surely that means once the service comes out of the box...i.e. when you go live.
    It doesnt say from date of contract?


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  • #12
    Roger Hassenforder
    Closed Accounts Posts: 8,555 ✭✭✭Roger Hassenforder


    Marlow wrote: »
    No. That's actually wrong.

    With physical goods, your cooling off period begins when you receive the goods.

    With services, where a contract is involved, your cooling off period begins, when you sign the contract. You then have 14 days to cancel said contract. However, if you agree to get the service installed earlier and waive your right to the cooling off period as part of that agreement, then that's your choice.

    Some providers will provide you with the service earlier, even if you didn't agree or they didn't ask you. In that case, you have your 14 days cooling off period, even though the service got provisioned. From the day you signed the contract. Not from the day, the service got provided.

    That's why there is that clause about waiving your right to the cooling off period.

    Fixed line services can be extremely costly to the provider to install/provide.

    /M

    We'll just have to disagree!


  • #13
    tsue921i8wljb3
    Closed Accounts Posts: 5,017 ✭✭✭tsue921i8wljb3


    Roger Hassenforder wrote: »
    Installing the service though... surely that means once the service comes out of the box...i.e. when you go live.
    It doesnt say from date of contract?

    Yeah at least for eir it is 14 days from the date of installation (going live). I have not looked at Sky's policy so can't say if they do similar.


  • #14
    Roger Hassenforder
    Closed Accounts Posts: 8,555 ✭✭✭Roger Hassenforder


    Shane Tangy Pound wrote: »
    Yeah at least for eir it is 14 days from the date of installation (going live). I have not looked at Sky's policy so can't say if they do similar.

    I got rid of Sky broadband 2 or 3 years ago. successfully argued i was within the 14 days of service going live, but more than 14 days after signing the contract.
    They didnt quibble too much.


  • #15
    tsue921i8wljb3
    Closed Accounts Posts: 5,017 ✭✭✭tsue921i8wljb3


    Roger Hassenforder wrote: »
    I got rid of Sky broadband 2 or 3 years ago. successfully argued i was within the 14 days of service going live, but more than 14 days after signing the contract.
    They didnt quibble too much.

    I see Comreg slapped them with a €117,000 fine for not providing customers with cooling off rights.

    https://www.rte.ie/news/business/2018/0913/993571-sky-pays-penalty-to-comreg/


  • #16
    Marlow
    Registered Users, Registered Users 2 Posts: 14,555 ✭✭✭✭Marlow


    Shane Tangy Pound wrote: »
    I see Comreg slapped them with a €117,000 fine for not providing customers with cooling off rights.

    https://www.rte.ie/news/business/2018/0913/993571-sky-pays-penalty-to-comreg/

    Yep. But even that article outlines the fact, that it's a cooling off period to withdraw from the contract. Not a cooling off period to "test" the service.

    /M


  • #17
    Roger Hassenforder
    Closed Accounts Posts: 8,555 ✭✭✭Roger Hassenforder


    Is it to do with existing customers, were they depriving them of a 'cooling off' period I wonder


  • #18
    tsue921i8wljb3
    Closed Accounts Posts: 5,017 ✭✭✭tsue921i8wljb3


    Marlow wrote: »
    Yep. But even that article outlines the fact, that it's a cooling off period to withdraw from the contract. Not a cooling off period to "test" the service.

    /M

    I agree that the legislation does seem to support what you're saying but obviously eir feel that offering a 14 day cooling off from installation is worth their while so it is probably better for the consumer that companies would do this.


  • #19
    tsue921i8wljb3
    Closed Accounts Posts: 5,017 ✭✭✭tsue921i8wljb3


    Roger Hassenforder wrote: »
    Is it to do with existing customers, were they depriving them of a 'cooling off' period I wonder
    Sky Ireland Limited (“Sky ”) has paid ComReg a penalty of €117,000 after an investigation found that between September 2015 and September 2018, Sky had failed to provide 79,000 of its customers with a contract on a durable medium, and 41,282 of those customers were not afforded their right to a cooling off period contrary to Regulations 10 and 12 of the Consumer (Information and Cancellation) Regulations 2013 (the “2013 Regulations”).

    Seems they didn't give cooling off to at least 41182 customers.


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