# Service provider dispute, debt collectors and legal action - what to do?



## GingerCat (27 Sep 2013)

We changed landline provider a few months ago. We were out of contract by a couple of weeks - or so we thought. 

On our final bill, there was a charge of €57.83 for breaking our contract.

We rang customer services and were told that our phone contract had started on the date we thought, but because they had messed up installing our broadband and it didn't start working till a couple of weeks after that, they were taking the later date as the start of the contract.

We were assured that they would examine the situation and ring us back within 10 days. No-one ever rang back. We repeated the same phonecall, first to customer services and then to the complaints department. Each time we were told that someone would ring back, and they didn't. During that period we received two letters from a debt collection agency regarding the 'debt', despite being assured that no further action would be taken till our complaint had been looked at.

I contacted the provider's representative on boards, who claims to have contacted the complaints department and the debt collection department repeatedly over the course of a couple of weeks. He can't get a reply from them either.

This morning I got a solicitor's letter threatening legal action.

I've registered a complaint with ComReg this evening. Are they likely to resolve this, and how long will it take? Do I need to reply to the solicitor's letter?


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## WizardDr (28 Sep 2013)

I take it that the services were more than just the Broadband - is that correct?

Then what you do is write a very polite letter to the Solicitors:

Dear X

Please confirm by immediate return that the commencement date of this Contract was XX/XX/XX and that it would be at our option - not yours - to have it extended particularly if this was to our benefit.

There is no basis in law for you to deem a commencement date to be other than what it actually was given that some of the services were provided.

Please note that we have written and spoken to representatives of Y on the following dates:
1, 2,3 ,4, 5

Please note that on Boards.ie it also appears that this company regularly do not answer nor deal with correspondence.

If you do not reply to this immediately, please note that this letter will be used in evidence against your client in the event of legal action.


etc


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## Time (28 Sep 2013)

For €57 they will never sue.


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## GingerCat (28 Sep 2013)

Yes, broadband and phone. We signed up for both at the same time but they messed up the broadband setup, so it wasn't available to us to use for about two weeks after the landline was set up.

I know they wouldn't sue, I just want to stop getting threatening letters for money I don't owe!


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## commonsense (28 Sep 2013)

GingerCat said:


> Yes, broadband and phone. We signed up for both at the same time but they messed up the broadband setup, so it wasn't available to us to use for about two weeks after the landline was set up.
> 
> I know they wouldn't sue, I just want to stop getting threatening letters for money I don't owe!



Do you have the contract? You say here:

_they were taking the later date as the start of the contract._

If you entered into a contract on the 1st of January and they didn't re-issue you with a new contract then the original one stands.


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## WizardDr (30 Sep 2013)

REPLY with your case.


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## gingernut (4 Oct 2013)

..


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## WizardDr (5 Oct 2013)

@Gingernut - do tell us whats happened.


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