So angry I can't sleep

[Frangipani]

Hi

 

Been tossing and turning since 3am its 4.30am here

 

My son and I were making some enquiries for ADSL2 I let my son do some inernet enquiries -unfortunately my son filled in a contract instead of what he thought was an enquiry. Just two days ago mind you. Well, you wont believe what these cowboy salesmen are trying to do.

 

They rang me three days after my initial enquiry -I left a simple message enquiry but nobody called back - so my son emailed them to see if we would get a quicker response. Turns out he completed a contract not an enquiry without my knowledge or consent. He didn't realise at the time.

 

When the company finally called I said sorry you didnt call back - we waited for you to call but after 3 days we have chosen someone else. He proceeded to tell me we had chosen a phone bundling contract with them !!! and that they have activated our phone line and have to take it. I explained it was an enquiry only he persisted to say we had an agreement !!- I said 'no' we don't!! - now getting a little annoyed and explained 'no' we were just making an enquiry!! I said rip it up. Then explained you never called back so we chose another company. Simple.

 

Two hours later they emailed me stating we had completed a contract and if we don't go ahead we still have to pay $195. aust dollars regardless.

 

I have been back and forth regarding my daughters illness seeing this person and that person - so I thought I would let my son solve the internet enquiries to give him experience etc. But he made a mistake and filled in the wrong form - I explained this and they are still holding us to it. Even though they never set foot in our premises and no line has actually been installed. They are absolute sharks.

Sorry rant over. Can they do this ???

 

Help sleepless in Aussie

 

Frang

[Clare63]

Fran,

No wonder you can't sleep, what a mess surely they can't false you to have the contract if you have explained you have made a general mistake, surely people must do it all the time make the same mistake I mean and then these "cowboys" end up making a pack. Could you go to Trading Standards or simular ?

I wish I had some sensible or positive advice, hopefully someone else will come along in in minute with some.

In the meantime try not to fret too much.

Take care

Clare x x x

[Kazzen161]

How old is your son? I thought that (here) children (under 16/18?) were not allowed to enter into such contracts, and that the company had to check, otherwise the contract would be void??

 

You need to check with something like citizens advice bureau on what your rights are.

[Frangipani]

Thanks Clare & Kazzen <'>

 

I sent them an email explaining the circumstances - giving them the benefit of the doubt.

 

Perhaps it was an over enthusiastic Salesman new to the job.

 

Hopefully someone will do the right thing. A bit of a glitch in the communication.

 

Failing that Dept of Fair Trading thanks definitely the next step.

 

Fingers crossed it doesn't escalate to that.

 

F xx

[Kathryn]

Hi Frangipani,

 

<'>

 

I hope you get this sorted without too much more bother.

 

Is the contract valid if your son hasn't signed anything?? Sounds a bit dodgy to me - anybody could fill in an online form.

Not sure what the rules are where you are (or here either, for that matter) but there should usually be some kind of "cooling off " period anyway to allow for people to change their minds.

 

K x

[Gerrard]

Hi Frangipani,

 

I found this site, I hope there may be some useful info on there. I've had cause recently, to investigate my options involving a utility company here in the UK, and was advised to use an Independent ombundsman, which, I figured, must be available in Australia. Good luck

 

 

http://www.tio.com.au/

[Frangipani]

Thanks Kathryn & Gerrard

 

Well I sent them two emails and they just tried to fob me off for another 5 - 30 days and gave me the third degree about contacting the Ombudsman. I am definitely contacting them in the morning.

 

I rang a local radio to pass it by them - they had many ring in with similar stories; they try to strong arm you into paying.

 

I will sleep much better tonight. Sweet revenge tomorrow.

 

F <'>

[Kathryn]

You go get 'em, girl!

 

K x

[mossgrove]

If Australian law is simlar to English contracts entered into by people under 18 have no force which is why they are trying the strongarm tactics as they know there legal position is dodgy.

 

In the UK if a case is referred to the ombudsman the company is not allowed to seek any unpiad debt until the issue is resolved, so you may wish to tell tthem that as the case is being referred to the ombudsman it would not be appropriate to pay their bill unless and until the Ombudsman has made a decision and agrees they are owed money.

 

Simon

[Frangipani]

Thanks Kathryn & Mossgrove.

 

Unfortunately my son just turned twenty.

 

The TIO were very helpful. I had a look at the emails with my son- according to them they connected us on the Thursday, which is the day before I first spoke with them.

 

They sent me two very forceful emails today - I sent them straight onto the Ombudsman.

 

TIO said it could take up to 10 days.

 

Not happy!!

 

 

<'>

[KMC]

Hi there

 

http://www.tio.com.au/POLICIES/Contracts/P...20contracts.htm

 

This might make you feel a little better

 

 

cheers

 

 

KC

[Frangipani]

I need a hug

 

Its all happening, I have forwarded about 10 emails to TIO and replied to at least 5 from the so called Provider.

 

I just dont need this at the moment.

 

Now I have to be patient and wait 10 days for the outcome.

 

[Kathryn]

<'> <'> <'>

 

It's very wearying, isn't it.

 

Hang in there: you'll get there in the end!

 

K x

[Frangipani]

Hi,

 

I received a Collections warning internal collections 5 months later saying I owe not $250 aussie dollars but $372. plus interest accruing. The first paper correspondence received. When I call all I get is an answer machine. So I left a message saying I would be contacting the Telecommunications Ombudsman and 'goodluck' as I am now making an official complaint to the Dept of Fair Trading and may alert the media.

 

Honestly cannot believe a phone enquiry could lead to this. My son maybe at fault but where is the logic. Bunch of misfits imo.

 

Fran

[Karen A]

<'> <'> It is very frustrating that the problem has still not been resolved....don't give up.Karen.

[cmuir]

Hi

 

Normally you have seven days to cancel a contract, but you have to do that in writing by fax/letter/email. Are you still within this timescale? Can you check the small print on the company's website?

 

Caroline.

 

 

Hi, sorry, I now see you did email them. That should certainly stand up!

 

C.

Edited February 25, 2008 by cmuir

[pearl]

<'> Fran <'> Know what you are going through, currently in dispute with a Mr Dick Head from the Utterly Unscrupulous Window company, who signed my 85 year old mum up for �1500 worth of unneccessary work, & took all the cash she had in the house as a deposit. I dont know how these people sleep at night.

[Frangipani]

Well, Well, Well,

 

This whole thing started on 12th September.

 

The Ombudsman failed dismally, so I visited my local MP we have been in communication at least four times over this.

 

The Ombudsman had to supply me with a Solicitor free of charge. But, the Telecommunications company played really dirty, had the MP the solicitor and myself in disbelief. Many nights in tears and emails galore, doctors reports defending my son's 'communication difficulty'.

 

It would have been easier to cave in, but on principal I refused.

 

Guess what,

 

 

 

 

 

 

 

 

its over - we won....

 

Fran falls in a heap...... about time

[asereht]

I'm so glad it worked out well for you <'>

[hev]

brilliant news ,bet you so relieved its over now <'>

[baddad]

Well done

[Clare63]

Fabby news Fran, well done

 

Clare x x x

[Kathryn]

Well done for not giving in!

 

K x