Eir contract breach (June 2022)

conorking

Customers of eir on 12/24 month contracts may recall they implemented a contract change in June 2022 to allow price inflation on their charges (which should have been fixed). Technically they breached their contract, and allowed customers to enter a new contract for the services, this time with higher prices.

At the time I resisted. I rang them and told them I don’t accept it (I even have a record of this call following a GDPR data request) but they didn’t agree to my terms (ie to leave the original fixed fees in place) and I kept paying the new higher prices.

My question is, if they unilaterally ended the contract, and I can evidence my rejection of those terms, can I keep the Apple 4k TV device, since they renaged on our original agreement?

irishgeo

https://www.boards.ie/discussion/2058310421/eir-contract-breach-june-2022

If you rejected the contact your not in contract. You should not be paying anything.

Your contract probably states that all goods are still owned by eir unless fully paid for

You don't state that so it's hard to know.

10-10-20

Surely the contract terminates if both parties don't agree on the new terms?

But why now, 14 months later?

28064212

Just saying you reject their terms doesn't end a contract. Your options were to continue paying (showing that you accepted the new terms), or to inform them that you were ending the contract. You chose the first option

conorking

I rejected the new terms. They offered a discount to offset the price increase, but they only implemented it for a temporary period initially (due to system limitations at their end) and told me to ring back a few months later to extend the discount, but when I did so, they didn’t actually extend the discount.

Yes their contract says that the devices remain the property of eir, but they breached that contract.

irishgeo

https://www.boards.ie/discussion/comment/121014712#Comment_121014712

Once your started paying the discounted price your in the new contract.

conorking

It was only on the basis that they agreed to discount my price (I.e. offset the full price increase) for the remainder of the contract that I paid it.

They then did not extend the discount for the remainder of the contract.

Therefore they did not honour the terms on which I agreed to keep paying the discounted fee.

irishgeo

https://www.boards.ie/discussion/comment/121014995#Comment_121014995

Ask for a copy of the phonecall they will have a copy.

Then lodge a complaint. If you have no joy eir then lodge a complaint with comreg.

But I still think you agreed the new contract for a discount for a set period which has run out.

28064212

https://www.boards.ie/discussion/comment/121014995#Comment_121014995

It was only on the basis that they agreed to discount my price (I.e. offset the full price increase) for the remainder of the contract that I paid it.

Do you have proof that they agreed to that discount for the entirety of the contract?

Regardless of the answer, it definitely doesn't entitle you to keep their equipment. If they've broken the terms of the contract, you have the option to exit the contract, and if they've taken money beyond what was agreed, you can retrieve it

conorking

Thanks.

Yes, I have recordings of the calls.

I know it’s probably a grey area, although the contract states that I must return the equipment if I terminate the contract. I didn’t, they did. This point is well established.

I offered to continue a new contract if they extend me a discount and they accepted (this was also captured on the call) but did not honour these new terms.