Imagine launch Midband Ripwave Replacement - WiMAX

deravarra · 09-10-2010 06:58PM

Hi folks ... I'll share my approach with you. Hope it helps:

I had to do some research about this, and came up with a pretty good line of attack against them.

Firstly, note the amount of times that you contacted them about the level of (or lack of) service as was being received by you from them ... ie... the amount of times you had to contact them over their **** service.

Say that you had problems from the very start and that you were fobbed off. This was them not allowing you to exercise the seven day cooling off period.

If they suggest that the seven day cooling off period was from the date you signed up to the service, tell them that they are wrong, because the cooling off period only begins when you are in a position to evaluate the service, and if they continue to argue that point, then say that their refusal to allow you your statutory rights according to their own terms and conditions is a breach of their own contract ... ie... they didnt allow you to pursue the cooling off period that they provided for in the contract.

Failing that, go along the lines of the service breaches the sale of goods and supply of services act 1980:

Subject to section 40, in every contract for the supply of a service where the supplier is acting in the course of a business, the following terms are implied—
( a ) that the supplier has the necessary skill to render the service,
( b ) that he will supply the service with due skill, care and diligence,
( c ) that, where materials are used, they will be sound and reasonably fit for the purpose for which they are required

Then, remind them of the penalties if they fail to comply:

A person guilty of an offence under this Act shall be liable—
( a ) on summary conviction, to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment, or
( b ) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both the fine and the imprisonment.

Hope that helps. It did for me ... and my hand was sore after holding the phone for an hour! lol

jayteecork · 09-10-2010 07:15PM

I got an email back from them.

Now I gave the salesman my bank details but had not received the modem or anything yet.
So anyway after reading this thread on boards I decided to cancel straight away. I emailed them and composed a written letter too.

Now they're saying they can find no record of me in their system.
It could be that the salesman hasn't lodged my details with HQ yet but I seriously doubt that. It's been over a week now.

What I'm worried about now if that the modem will arrive and they'll say the 7 days has expired and I'll have to pay 100e if I want to cancel and whatnot.

I have obviously have the emails in my sent folder with the dates but I'm worried this shower will go down this route.
I never registerd the cancellation letter even thought I meant too. I just fired it into the post box.

It comes as no surprise that they're the same company as "Irish Broadband"
2 friends of mine had the Ripwave "Broadband" (lol) and I swear to God dialup was infinitely superior to it. Never did I come across anything like it.
How they were getting away with calling it "Broadband" I shall never know.

alanfa · 09-10-2010 07:33PM

i signed up in may and received their "service" in august I phoned and emailed 3 weeks later , when they got back eventually they were aggresive and confrontational now i'm being threatened with debt collectors if I dont pay

deravarra · 09-10-2010 07:34PM

alanfa wrote: »

i signed up in may and received their "service" in august I phoned and emailed 3 weeks later , when they got back eventually they were aggresive and confrontational now i'm being threatened with debt collectors if I dont pay

Hi ... try that approach I sent to you ... and failing that, give me another pm and I'll try another approach.

alanfa · 09-10-2010 07:37PM

i think i'm just gonna go down and throw their little black box at them i've had enough and now i'm pissed off being consilatory didn work but i THANK YOU SINCERELY FOR YOUR HELP

deravarra · 09-10-2010 07:42PM

alanfa wrote: »

i think i'm just gonna go down and throw their little black box at them i've had enough and now i'm pissed off being consilatory didn work but i THANK YOU SINCERELY FOR YOUR HELP

dont do that ... they will see it as you not attempting to resolve the matter. pm me and we'll work on it together

MyKeyG · 10-10-2010 01:47AM

deravarra wrote: »

Hi folks ... I'll share my approach with you. Hope it helps:

I had to do some research about this, and came up with a pretty good line of attack against them.

Firstly, note the amount of times that you contacted them about the level of (or lack of) service as was being received by you from them ... ie... the amount of times you had to contact them over their **** service.

Say that you had problems from the very start and that you were fobbed off. This was them not allowing you to exercise the seven day cooling off period.

If they suggest that the seven day cooling off period was from the date you signed up to the service, tell them that they are wrong, because the cooling off period only begins when you are in a position to evaluate the service, and if they continue to argue that point, then say that their refusal to allow you your statutory rights according to their own terms and conditions is a breach of their own contract ... ie... they didnt allow you to pursue the cooling off period that they provided for in the contract.

Failing that, go along the lines of the service breaches the sale of goods and supply of services act 1980:

Subject to section 40, in every contract for the supply of a service where the supplier is acting in the course of a business, the following terms are implied—
( a ) that the supplier has the necessary skill to render the service,
( b ) that he will supply the service with due skill, care and diligence,
( c ) that, where materials are used, they will be sound and reasonably fit for the purpose for which they are required

Then, remind them of the penalties if they fail to comply:

A person guilty of an offence under this Act shall be liable—
( a ) on summary conviction, to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment, or
( b ) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both the fine and the imprisonment.

Hope that helps. It did for me ... and my hand was sore after holding the phone for an hour! lol

Fantastic advice I just have one little concern. I used to work for Perlico BB support and I remember my team leader telling me about some comreg loophole that if a provider advertises a package as 'up to speeds' of yada yada yada then theyre covered. It protects them from elements beyond their control that affects a transmission of say 7Mb like weather, line faults, line degredation, strong radio waves in an area.

deravarra · 10-10-2010 01:56AM

MyKeyG wrote: »

Fantastic advice I just have one little concern. I used to work for Perlico BB support and I remember my team leader telling me about some comreg loophole that if a provider advertises a package as 'up to speeds' of yada yada yada then theyre covered. It protects them from elements beyond their control that affects a transmission of say 7Mb like weather, line faults, line degredation, strong radio waves in an area.

Hi ... that would be fine if there was some decent service now and again. However, you cannot blame all of the above for a consistently poor service, or else your are admitting that your service is not fit for the purpose intended.

the main problem that most of the people here have is not that its not always 7mb ... its that most of them can rarely get about 1mb ... the service is flaky and inconsistent a majority of the times they are trying to access it.

barrmur · 11-10-2010 03:02PM

Anyone out there have problems with broadband from Imagine WiMax? Download speeds as low as 0.03Mb in Sandyford. Woeful customer service. No replies to e mails, no promised call backs. They have sent a bill which I really do not want to pay and I want to cancel the service. There is also a €100 cancellation fee. I have been trying to get answers from them from the day after I installed the wireless hub. Anyone got any advise as regards cancelling and getting out of having to pay the bills for their "service".

I have contacted ComReg and they are on the case. I dont see why I should have to pay for this non service.

MrVestek · 11-10-2010 06:00PM

You're in Sandyford? Why not head down and call into them? I'm sure they'll listen then ;-)

http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=Imagine+Broadband+Services+Ltd,+Dublin,+Ireland&sll=53.286574,-6.370578&sspn=0.152906,0.528374&ie=UTF8&hq=Imagine+Broadband+Services+Ltd,&hnear=Dublin,+County+Fingal,+Ireland&ll=53.276534,-6.207871&spn=0.002403,0.008256&z=18&layer=c&cbll=53.276774,-6.207653&panoid=7NE83K0cRyag3nB9YfJ9hA&cbp=12,119.31,,0,14.24

ratsam · 11-10-2010 11:03PM

Just got a letter from Imagine (Irish Broadband) to tell me that my existing Breeze Max service will in a few weeks no longer work and I will be 'upgraded' to WiMax. I've been following this thread closely for a while and am a bit pi**ed off. Amazingly I have had very few problems with my Breeze connection and I'd be happy enough to stick with it. The speed is never whats advertised but I get by with general surfing, emailing and quite a bit of online gaming on the PS3. My problem is that my options for broadband are extremely limited as I live in the sticks just outside Drogheda. Should I be as worried annoyed as I am...???

Rats

alanfa · 11-10-2010 11:24PM

for facebook and emailing its fine but gaming or live streaming forget about it. Its only worth getting if ya have absolutely no other option and you need internet

dvdfan · 11-10-2010 11:29PM

Wow looks like i was lucky i got the antenna installed as it sounds like everyone is having big problems with the standard modem

barrmur · 12-10-2010 09:36AM

I have though about heading down to their offices but as far as I am concerned why should I have to take time off work to point out to them that their service is crap, they dont answer e mails and refuse to call me back. If I go down there all I would be tempted to do is to fling the hub through their front window.

alanfa · 12-10-2010 10:07AM

dvdfan wrote: »

Wow looks like i was lucky i got the antenna installed as it sounds like everyone is having big problems with the standard modem[/QUOTE

Its the 21st Century ya shouldn need an antenna to get broadband ffs, btw when that fool is singing about faster cheaper better maybe he was really selling aerials

alanfa · 12-10-2010 02:37PM

I'd just like to thank everyone for their help and support and to anyone who has contributed to this thread . After contacting Comreg Imagine have finally agreed to cancel their"service" and it looks likely that my problem will be resolved . It's reassuring to know that some organs of the state are still functioning and the samll person still has a voice:D

barrmur · 12-10-2010 02:46PM

Great to hear. Comreg seems to have gotten the ball rolling in my case and it will be interesting to see how I get on from here. I have no intention of paying anything to Wimax and if they want their hub back they can come collect it. To anyone who is reading this trying to decide if they should go for Imagine or not, please save yourself a lot of trouble and go to another provider. Imagine will cause you no end of problems.

Victory shall be mine!!!

jayteecork · 13-10-2010 02:11PM

Finally got my account cancelled after two weeks of emailing them.

My last email was "I have clearly attempted to cancel without 7 days of opening an account as per email dates. I have cancelled the DD at my bank. If the modem arrives it will be left outside my door and it's not my problem"

They reply back within 2 hours saying my account is cancelled, lol.

alanfa · 13-10-2010 02:21PM

jayteecork wrote: »

Finally got my account cancelled after two weeks of emailing them.

My last email was "I have clearly attempted to cancel without 7 days of opening an account as per email dates. I have cancelled the DD at my bank. If the modem arrives it will be left outside my door and it's not my problem"

They reply back within 2 hours saying my account is cancelled, lol.

Good man we have to stand up for our own rights in this awful country , if there was any kind of law here that misleading advertising campaign would be banned

Herby12 · 13-10-2010 09:30PM

Hi, every body.
I´m sorry for my english.
I get my wimax 7mb at Monday and Tuesday a was writing mail that I want to cancel my service. And they refused me.
My email: > I know my rights and I know that I can cancel my contract now without cancellation fee because Im in the cooling off period. And with the beginning of the cooling off period you are wrong becauseÂ the cooling off period only begins when IÂ´m in a position to evaluate the service. Distance Selling Directive applies to any consumer distance contract made under the law of an EU-Member State as well as the European Economic Area (EEA). So please cancel my service and with no cancellation fee.
Wimax reply:
(On the Welcome letter the very last line states "if you change your mind no problem, you can cancel your order, just let us know within the next 7 days. Its also states in our Terms & Conditions
11. TERMINATION
11.2 If the Customer terminates this Agreement or the WiMax Service(s) or any of them, during the Minimum Term, including in circumstances where the customer is changing address, imagine may, without prejudice to its rights to treat the termination as a breach or repudiation of this Agreement, agree to accept such termination provided that the Equipment is returned in good order and that thirty (30) days prior written notice has been received of such termination and the Customer agrees to pay to imagine all outstanding charges accrued in full together with the termination charge of one hundred Euros (â‚¬100) inclusive of VAT for early termination of the WiMax Service(s).

You agreed to the Terms & Conditions when signing up for the service so unfortunately the cancellation fee would be valid, this is in no way affecting your rights.)

Please anyone can help with this case. Thanks

alanfa · 13-10-2010 09:50PM

Herby12 wrote: »

Hi, every body.
I´m sorry for my english.
I get my wimax 7mb at Monday and Tuesday a was writing mail that I want to cancel my service. And they refused me.
My email: > I know my rights and I know that I can cancel my contract now without cancellation fee because Im in the cooling off period. And with the beginning of the cooling off period you are wrong becauseÂ the cooling off period only begins when IÂ´m in a position to evaluate the service. Distance Selling Directive applies to any consumer distance contract made under the law of an EU-Member State as well as the European Economic Area (EEA). So please cancel my service and with no cancellation fee.
Wimax reply:
(On the Welcome letter the very last line states "if you change your mind no problem, you can cancel your order, just let us know within the next 7 days. Its also states in our Terms & Conditions
11. TERMINATION
11.2 If the Customer terminates this Agreement or the WiMax Service(s) or any of them, during the Minimum Term, including in circumstances where the customer is changing address, imagine may, without prejudice to its rights to treat the termination as a breach or repudiation of this Agreement, agree to accept such termination provided that the Equipment is returned in good order and that thirty (30) days prior written notice has been received of such termination and the Customer agrees to pay to imagine all outstanding charges accrued in full together with the termination charge of one hundred Euros (â‚¬100) inclusive of VAT for early termination of the WiMax Service(s).

You agreed to the Terms & Conditions when signing up for the service so unfortunately the cancellation fee would be valid, this is in no way affecting your rights.)

Please anyone can help with this case. Thanks

Hi these people are unscrupulous get on to comreg straight way and cancel the direct debit with the bank . Best of luck

jor el · 13-10-2010 09:57PM

Herby12 wrote: »

Please anyone can help with this case. Thanks

Their terms and conditions mean very little when you have the right to cancel, as you've said, within the 7 day cooling off period. Cancel the direct debit, return the modem, be done with them.

alanfa · 13-10-2010 10:04PM

jor el wrote: »

Their terms and conditions mean very little when you have the right to cancel, as you've said, within the 7 day cooling off period. Cancel the direct debit, return the modem, be done with them.

That would be fine if you were dealing with a reputable company , after dealing with them for 3 months trying to cancel they were so insistent that I pay all these absurd charges it was only when I got Comreg involved that they listened. Bearing in mind that they did provide me with a service it shows how ruthless that they are.:eek:

deravarra · 13-10-2010 10:08PM

Herby12 wrote: »

Hi, every body.
I´m sorry for my english.
I get my wimax 7mb at Monday and Tuesday a was writing mail that I want to cancel my service. And they refused me.
My email: > I know my rights and I know that I can cancel my contract now without cancellation fee because Im in the cooling off period. And with the beginning of the cooling off period you are wrong becauseÂ the cooling off period only begins when IÂ´m in a position to evaluate the service. Distance Selling Directive applies to any consumer distance contract made under the law of an EU-Member State as well as the European Economic Area (EEA). So please cancel my service and with no cancellation fee.
Wimax reply:
(On the Welcome letter the very last line states "if you change your mind no problem, you can cancel your order, just let us know within the next 7 days. Its also states in our Terms & Conditions
11. TERMINATION
11.2 If the Customer terminates this Agreement or the WiMax Service(s) or any of them, during the Minimum Term, including in circumstances where the customer is changing address, imagine may, without prejudice to its rights to treat the termination as a breach or repudiation of this Agreement, agree to accept such termination provided that the Equipment is returned in good order and that thirty (30) days prior written notice has been received of such termination and the Customer agrees to pay to imagine all outstanding charges accrued in full together with the termination charge of one hundred Euros (â‚¬100) inclusive of VAT for early termination of the WiMax Service(s).

You agreed to the Terms & Conditions when signing up for the service so unfortunately the cancellation fee would be valid, this is in no way affecting your rights.)

Please anyone can help with this case. Thanks

Imagine are really tying every trick in the book with their attempts at extorting money out of people.

See the part where they said "terms and conditions ...."? well, e terms and conditions also mention the 7 day cooling off period whereby you can decide not to proceed with the contract. They will try to bs you and say that the 7 day period started from the time that you signed a contract. However, this I'd really low from imagine, because e contract does not begin until you received the modem from them. For exemple, if you signed up with them in may, but didn't received your modem until august... they will suggest that the contract began in august, and not may. They can't have it both ways as they would like to. If the contract begins on receipt of the modem, then the 7 day cooling off period begins at the same time.

Definitely bring this to comreg. And by the way, I'm not sure why you quoted the direct selling thingy in here, as the sale of goods and supply of services act 1980 provides the proper legal framework for any response to imagine's persistent badgering of it's 'clients'.

Good luck with it all and keep us informed.

alanfa · 13-10-2010 10:15PM

its disgraceful that Imagine are allowed to conduct their business in this fashion

Herby12 · 13-10-2010 10:46PM

I try to cancel direct debit but the lady in the AIB said that they need some information from the imagine and she also said that if they don't give me information what I need a can cancel DD on the day when they charge my account so I will watching. And that's mail what a just send:
Under EC (Protection of Consumers in Respect of Contracts Made by Means of Distance
Communication) Regulations, 2001 a consumer has the right to cancel an order and
receive a full refund, within seven working days of receipt, known as the “cooling off”
period.
And as I remember I let you know that I´m not available during the September and the day when you can deliver service is 1 of October (from this day a was available for delivery) and even though you sent me some letter and try to deliver my wimax. If you don´t believe me you can check your records that a told this to your colleague. So I should get my letter now and that's mean I'm in cooling off period. So my cooling off period is now and I want cancel my contract without cancellation fee.
And one more thing I get welcome letter from you at 24.08.2010 and at this time wimax wasn't available in Tralee so how I can be in a position to evaluate the service.
Once again: Distance Selling Directive applies to any consumer distance contract made under the law of an EU-Member State as well as the European Economic Area (EEA).
The cooling off period only begins when I´m in a position to evaluate the service.

My download and upload 0.65Mbps/0.25Mbps When I'm lucky a have stable 1Mbps/0.20Mbps
Test sites Imagine speed test and SpeedTest.net

barrmur · 14-10-2010 08:50AM

If you have an online bank account you might be able to cancel the DD online. I still think however that the bank has to cancel the DD as soon as you ask them to. You do not need permission from IMAGINE.

As previously suggested I would advise getting on to ComReg straight away. If it helps their number is 01 8049668. Make sure to mention 7 days cooling off and keep all e mails from and to IMAGINE.

alanfa · 14-10-2010 08:55AM

barrmur wrote: »

If you have an online bank account you might be able to cancel the DD online. I still think however that the bank has to cancel the DD as soon as you ask them to. You do not need permission from IMAGINE.

As previously suggested I would advise getting on to ComReg straight away. If it helps their number is 01 8049668. Make sure to mention 7 days cooling off and keep all e mails from and to IMAGINE.

the bank explained to me that once Imagine have your details the bank must process their request and if they seek funds they may get them, and bank charges on £12 apply every time the bank decline to pay the DD

barrmur · 14-10-2010 09:05AM

Balls to that. Still I think our forgien friend has a really strong case here. He/She wanted to cancel within 7 days. The T&C say that he can. As I said just keep a record of all communications and give ComReg a call.

When IMAGINE called me yesterday the person I was talking to said that "I should not have been sold the service as I was not in range of their mast". Its strange that when I put my address and phone number into their website and point out my house on a map I am told, "Congratulations you are within our coverage area"!!!

Surely this has to be illegal??

alanfa · 14-10-2010 09:06AM

ha ha very good , yes he has a cast iron case but as you know Imagine ignoree you , he must contact comreg

Imagine launch Midband Ripwave Replacement - WiMAX

Comments