Is this an oral contract?

aine kilbride

A number of months ago I had a telephone conversation about some service that this company offers. When I was told the price I said clearly no.

The person then went on to talk about other services (an upgrade) that this company offers and as he was speaking I said 'OK', 'Yeah'. I said these things meaning I'm listening.

Recently this company contacted me by phone saying that I owe them over E 1000 for this upgrade.

He said they had the conversation taped and it said I agreed to this upgrade from the tape. I have not heard the tape. i will hear it soon. The tape I am sure will have me saying Yeah and OK but only I meant I'm listening. I have never got any text or letter or anything written about this.

Apologies for the vagueness but the gist of what I am saying is this.

I never said Yes. I said OK and Yeah meaning I am listening. But they clearly misunderstood this.

Secondly he told me that the conversation was taped just for incidents like this. I understand this but is it ok for them to do that without telling me?

What to do?

Mundo7976

Have you used this upgrade for the last number of months?

aine kilbride

Mundo7976 wrote: »

Have you used this upgrade for the last number of months?

No. Have been unaware of any upgrade. The upgrade will apply shortly.
A total misunderatanding.

And just to add. When the person from the company was telling me about this new service/upgrade I had no idea he was making me an offer.

TimeToShine

They're talking out of their hoop, don't pay a cent and ignore them.

hullaballoo

Is the company or sector a regulated one?

The demand for money from a conversation like that on the basis that what you're saying is correct could be quite a serious breach of a number of different regulatory provisions or even criminal in nature.

davindub

I wouldn't engage with them, just clearly state you did not intend to create a contract with them if they call again.

I would consider making a complaint to https://www.ccpc.ie/consumers/how-to-complain/ if they persist beyond the above statement.

cobhguy28

aine kilbride wrote: »

A number of months ago I had a telephone conversation about some service that this company offers. When I was told the price I said clearly no.

The person then went on to talk about other services (an upgrade) that this company offers and as he was speaking I said 'OK', 'Yeah'. I said these things meaning I'm listening.

Recently this company contacted me by phone saying that I owe them over E 1000 for this upgrade.

He said they had the conversation taped and it said I agreed to this upgrade from the tape. I have not heard the tape. i will hear it soon. The tape I am sure will have me saying Yeah and OK but only I meant I'm listening. I have never got any text or letter or anything written about this.

Apologies for the vagueness but the gist of what I am saying is this.

I never said Yes. I said OK and Yeah meaning I am listening. But they clearly misunderstood this.

Secondly he told me that the conversation was taped just for incidents like this. I understand this but is it ok for them to do that without telling me?

What to do?

Did they send you a contract, and did they tell you, that you have a 14 day cancellation period. The 14 day cancellation period does not start untill, you find out that it exists. So if today is the first time you heard about the cancellation, then today is day number one. So ring them and say you are using your statutory right to cancel.

Mjolnir

Depending on the service you can orally agree most will still send you a copy of the contract you have agreed to.

For a contract to be binding you have to show intent to be bound, by your actions or what you've said.
Would you going "yeah, mhm, ok", etc in a tone that doesn't sound committal form the basis of a contract? no and they'd find it hard to argue it did.
Can they record phone conversations yes. They must inform you it's recorded.

Any chance it was an overzealous sales man that wanted his commission, worked with a few when I previously worked in a call centre that would have been dodgey enough in signing people up for things.
If you're confident ya didn't sign up just keep fitting it. If its communication related mention Ofcom and their rules.

Samuel T. Cogley

Mjolnir wrote: »

Ofcom

*Comreg - unless I've missed this being in the UK.

Mjolnir

Samuel T. Cogley wrote: »

*Comreg - unless I've missed this being in the UK.

Been awhile since I've worked in telecoms got mixed up between the two

L1011

Aptly enough considering the name confusion there, Ofcom in the UK have massively cracked down on operators using confusing methods to get what seems like consent to changes, most commonly what they call "slamming" where any use of "yes" in a call or anything less than chasing the doorstep seller away screaming at them was being used as consent.

Comreg seem to think that clicking a web link is "informed consent" so they work completely differently to Ofcom but threatening the risk of Comreg suddenly waking up and targetting slamming style behaviour could make a telco refund you.

Also, don't google "slamming" without a telecoms related keyword with it - you have been warned!

Mjolnir

L1011 wrote: »

Aptly enough considering the name confusion there, Ofcom in the UK have massively cracked down on operators using confusing methods to get what seems like consent to changes, most commonly what they call "slamming" where any use of "yes" in a call or anything less than chasing the doorstep seller away screaming at them was being used as consent.

Comreg seem to think that clicking a web link is "informed consent" so they work completely differently to Ofcom but threatening the risk of Comreg suddenly waking up and targetting slamming style behaviour could make a telco refund you.

Also, don't google "slamming" without a telecoms related keyword with it - you have been warned!

Under contract law clicking a agree or accept button is consent but then so is signing off an email, I'm sure somewhere in the t&c's at least one company has if you follow link bleh blah blah consent.
Ofcom are much better at keeping companies in check than comreg look at what a certain company that rhymes with dare gets away with.

aine kilbride

Thank you all for your feedback. I appreciate it.

Issue was resolved.

Had a meeting with them. There was some backtracking on their half. A kind of an excuse re the recording. He said recording conversations didn't start until after our initial meeting. He also mentioned a lack of written communication about the whole thing. All failings on their part I think.

But just a general query.

I'm aware that some companies do have a message on their lines saying there are recording you etc. However when I was calling them I never heard any such recording. I would remember that if they did. He did say at the meeting that recording of conversations only started with their company some weeks after our conversation. (I must ring them anonymously to see if they have this message now).

But was it wrong of him then to say to me when we had a disagreement that our conversation was recorded? When I never heard any mention of this on their main line? And when in fact, according to his own admission afterwards, that there was no such recording at all.
That could be seen as a kind of intimidation?

Mjolnir

aine kilbride wrote: »

Thank you all for your feedback. I appreciate it.

Issue was resolved.

Had a meeting with them. There was some backtracking on their half. A kind of an excuse re the recording. He said recording conversations didn't start until after our initial meeting. He also mentioned a lack of written communication about the whole thing. All failings on their part I think.

But just a general query.

I'm aware that some companies do have a message on their lines saying there are recording you etc. However when I was calling them I never heard any such recording. I would remember that if they did. He did say at the meeting that recording of conversations only started with their company some weeks after our conversation. (I must ring them anonymously to see if they have this message now).

But was it wrong of him then to say to me when we had a disagreement that our conversation was recorded? When I never heard any mention of this on their main line? And when in fact, according to his own admission afterwards, that there was no such recording at all.
That could be seen as a kind of intimidation?

There doesn't have to be a message as long as an agent of the company tells you before any negotiation begins.
100% wrong and any court would take a dim view of that kind of blatant lie.