# Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help!



## 8eight8 (28 Aug 2008)

Hi! Hope somebody can advise me.

I have had my mobile-phone bill-pay contract with one of the main providers in Ireland for just over 3 years now. 6 months ago I requested to switch to prepay but was told I would have penalties (€400) for not fulfilling a 1 year contract term I had entered when I got a new phone... fair enough.

 I decided to see out the contract and made a note of its final day intending to leave bill-pay at that time. A couple of months later I received a call from the provider advising me that my tariff-plan was unsuitable and I should save money by changing to a different plan. I agreed to do so and confirmed this would not renew my contract with the sales person.

Having waited and fulfilled my contract, today I rang up to arrange to cancel my bill-pay service and was told that this was not possible because I had renewed my contract when I swapped over to the different tariff a few months back. 20 minutes on the phone going in circles with some low level supervisor them got me nowhere.

Needless to say I'm raging; I feel like I have been had, I'm sure they somehow know they can legally get away with this behavior. I have made a formal complaint to Comreg. I want to leave this provider ASAP and would like to be able keep my phone number of 10 years.

Can anyone please let me know where to get advice or what to do? If necessary I will pay for my fair use to date and then tell them to close the account and refuse to make payment on the penalties they will apply and risk court but I don’t want that hanging over me. I’d rather take them to the small claims court or something. 

Would really appreciate any and all advice, Thanks! Can I name the provider?


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## sandrat (28 Aug 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*

you can keep your number with any provider as far as  i know


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## susan12 (29 Aug 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*

Same thing happened to me except the sales person failed to mention that moving to the new tarif would mean renewing my contract for a further year.  I eventually received a letter from the provider (past the 30 days which legally you have to change your mind) outlining details of the 'new contract' - when I saw this I rang them immediately and demanded being placed back on my old tariff and conditions.  Needless to say the person I spoke to denied that the sales person had failed to mention the 'new contract' but when I asked if these calls were recorded and if such a recording existed of my call there was a change of tone and I was told that I would be placed back on my original rate and contract.

I definitely think the approach being adopted is underhand and Comreg should take action.  I am well educated and pay attention to detail and I am 100% sure that this person never mentioned renewing my contract or committing to an additional year.


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## 8eight8 (29 Aug 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*

Thanks for your comments!

Susan12- What happened to you is exactly what happened to me. An unsolicited call from the provider, telling me I could be on a better tariff that would save me money based on my previous call/text patterns of use.

 Nothing of my contract being renewed was declared by the sales person even when i queried the issue before agreeing to the change of tariff.

They told me they had sent me a letter 7 days after the conversation advising me that I had agreed to renew my contract for one year. I never recieved any letter of this type, funny how every one of their bills finds its way to me fine!


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## advisor (29 Aug 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*



8eight8 said:


> I decided to see out the contract and made a note of its final day intending to leave bill-pay at that time. A couple of months later I received a call from the provider advising me that my tariff-plan was unsuitable and I should save money by changing to a different plan. I agreed to do so and confirmed this would not renew my contract with the sales person.


 
All these companies advise you that calls are recorded.  Insist that they trace back the call where the sales person acknowledged your statement that "this would not renew my contract"  If they deny content of the call ask them are they calling you a liar and advise them of the implications of making such a statement!!  Might work!!


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## Sue Ellen (30 Aug 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*



8eight8 said:


> I have made a formal complaint to Comreg.



What did Comreg have to say?


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## PM1234 (30 Aug 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*

Exactly the same thing happened to me. I couldn't pull out without incurring penalty fees. 

A word of warning. I replaced my handset (the same provider) and the contract was renewed for a further 12 months!


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## RainyDay (30 Aug 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*

You could try submitted a data request under the Data Protection Acts for a copy of all data (including telephone call recordings) that relates to you. THis might help to prove things one way or other.


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## shesells (31 Aug 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*

Can they hold you to a contract you haven't signed? Surely to renew your contract you must do so in writing?


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## Ris (1 Sep 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*

The exact same thing happened to me when it was suggested I change my tariff. Can we name the provider? It would be interesting to see if it was only one provider or whether it is common practice among them all


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## 8eight8 (1 Sep 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*

Thanks for the responses

Sueellen - Comreg gave me a case number and forwarded my complaint to the provider and asked me to wait 2 weeks for a response. At this stage if the problem was not resolved they would look into it and advise further.

Shesells - As far as I can make out the providers get your signature when you first join up for a 1 years contract usually in person to get the cheap phone. They can legally renew this contract verbaly. They are meant to make you aware of the consequenses of changing tariffs, usually an additional 6 months contract.

Thankfully, the provider in question has agreed to remove me from the renewed 1 year contract after some arguing and hastle. This was all caused by an unsolicited call to an existing customer (me) from a salesperson who mislead me. I'm sure they know what they are doing, lucky for them comparing price plans is so confusing most people don't bother.

See:
www.comreg.ie & www.callcosts.ie


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## Nutso (2 Sep 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*

Same thing happened to me last year - got an unsolicited call and was assured by the caller that when I changed plans that certain items on my current plan would still be the same.  It wasn't until several months (when I went over new plan minutes) that I realised this was not the case.  I was absolutely raging and I will refuse to ever renew anything with them over the phone again.  They also claimed to have sent me a letter with the t&c's and indicating that I had agreed to a 12 month contract, which "coincidentally" I did not receive.


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## Complainer (3 Sep 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*

Why not switch on the voice recorder on your mobile phone and tell them that you're recording the call for quality and training purposes!


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## Nutso (7 Sep 2008)

*Re: Mobile Phone Provider Slyly Renewed My Contract Without My Consent... Please Help*

Excellent idea! I love it!


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