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Заключил контракт, обнаружилась куча проблем, послал их подальше и нашел другую контору. Посланные хотели вытрусить из меня бабло/бабки/баксы и даже напрягли для этого некую сиднейскую адвокатскую контору "*** Responde" - таких же клоунов как и сами.
Ниже - текст жалобы Telecommunication Industry Ombudsman. Убил несколько вечеров и выходные на чтение законов и сочинение текста.
результат:
1. Позвонил провайдер и сказал что они мне все простили (то что я им предлагал по-хорошему давным-давно)
2. Позвонили их адвокаты (*** Responde) попросили меня продиктовать мою фамилию по буквам и покликав кнопки на компе закричали: СПАСИБО!!! нас попросили уничтожить ваше дело, а мы его ПОТЕРЯЛИ! Как хорошо что теперь мы его нашли!
Я просто офигел: адвокаты что собирались тащить меня в суд и требовать деньги ПОТЕРЯЛИ мое дело и вынуждены звонить мне узнать как пишется фамилия. И я уверен что у них нехилые зарплаты и клиентам в случае неудачи они рассказывают всякие сказки про адвокатов оппонента, не говоря "да мы потеряли половину ваших бумаг, поэтому прос...ли в суде все что могли, но это не важно для нас, т.к. счет мы вам выставим такой же как и при выигрыше"
Все никак не могу привыкнуть к Австралии.
Надеюсь данная жалоба будет хорошим подспорьем в борьбе с "трудолюбивыми", "ответственными", "радеющими за порученное дело" местными бизнесменами. Я выкинул из неё некоторую личную инфу, не влияющую на текст.
To: Deirdre O'Donnell!
I have some problems with my former internet provider, “People *** Pty Ltd”, PO *** North Sydney 2060, http://www.people***.com.au Phone: 1300 ***.
We discus this matter for a half year and cannot reach agreement.
I phoned them ** November 2007 (as I remember) and after chat with their member of staff asked them to connect me to internet, fixed price, fixed term contract.
In January 2008 I received the first bill from them and it was clearly wrong – too big price, much more then it should be.
I twice unsuccessfully tried to contact them by phone to discuss it. First time I waited for 10 minutes, second time – 15 and nobody answered. They played me message like “we care about our customers” and “we provide very good service” but unfortunately answering phones was not a part of the service.
I used their web-page (http://www.people***.com.au/contact_us) and twice asked them check out my bill (** and ** January, see attachment “BillQuestion.doc” to my message).
Later I got message, where they apologised for some problems with answering calls and messages (attachment “Calls.doc” to my message). Apology – it is good, but I (and Telecommunications Consumer Protections Code ) prefer to see a service.
I got automatic messages like “Billing Enquiry Query. Thank you for contacting People Telecom with your enquiry. Your request is currently being assessed by one of our ... Managers, who will contact you via return email as soon as possible”, but no real answer about my bill (see “BillQuestion.doc” attachment).
I received by usual post written contract from them and discovered extra fees: $1.50 per month for a paper invoice and $2.50 per month as you have not set up direct debit. Electronic invoice and direct debit are not comfortable options for me.
During conversation 16 November I was not told about it, I was sure I will pay only price which was discussed and no more. I asked about it and got clear answer like “price cannot be more anyway”. I cannot prove it, because I still do not have a full record this conversation.
So ** January (still no answers to my messages) I decided to cancel their service and let them know about it by using http://www.people***.com.au/contact_us and they answered after few hours!
If I worried about MY money – they did not answer phones, did not read my messages. But when I wrote message about cancellation – they started to worry about THEIR money and communicate with me ASAP!
Now they are going to court to get “cancellation fee” from me (attachment “demand.jpg”).
I tried to get a full record of our “verbal contract” but they sent me only small part, which cannot help. I do not remember anything about extra fees, but cannot prove it until I get full record.
http://www.tio.com.au/policies/Contr...saction.htm#3a we can find:
We take the view that it is not enough for a provider to give us:
a recording of the part of the call when the consumer agrees to buy the product, also known as the “voice signature”...
I got from them only “voice signature” and nothing more. They did not refuse to give me full record, but also did not do it. Also I was given a “contract” which was filled by their operator during out chat (attachment “Contract.pdf”). There is nothing about the fees there. Fixed price - $34-95 per month and it is all.
If we read C628:2007 Telecommunications Consumer Protections (TCP) Code, http://www.commsalliance.com.au/__da.../C628_2007.pdf we can see what is wrong:
4.2.6. Contract must state:
(a) what charges may apply, including their amount or manner of calculation
About extra fees and fixed term contract:
5.1.5.
(l) Fixed contract period: permit to Supplier to vary the price... Supplier must offer the consumer the right to terminate the ... Contract without incurring fees ..., other then ... usage or network access...
So if there are extra fees – there must be a right for me to cancel the contract without any penalties. I paid for the service until I was disconnected (31 January) and do not wish to pay any cancellation fees. I believe I have a right NOT to pay them.
We can read here: http://www.austlii.edu.au/au/legis/c...74149/s53.html, TRADE PRACTICES ACT 1974 - SECT 53,
(e) make a false or misleading representation with respect to the price of goods or services;
Their representative ** November did not tell me nothing about these fees and (as I remember) I asked her direct question about “fixed price” and I got clear answer – price cannot be bigger, then $34-95 per month. So I think they broke TRADE PRACTICES ACT also.
Their bills are wrong from point of view Telecommunications Consumer Protections Code:
6.3.1 ... A Supplier must ensure that items and categories in the Bill are described in sufficient manner ... to enable the Customer to identify the individual components...
In their bill there is nothing about extra fee $1.50 for a paper invoice. But I have message what this fee was charged (attachment “fee.doc”). They mentioned in the bill “Non-direct debit payment subcharge $2-50” and it is all (attachment “bill2.jpg”, top).
If the fee was charged – why nothing about it in the bill? If not charged – they do not know what is going on with my account.
Also I was surprised how they charged this fee TWICE in one bill (see attachment “bill2”, top). One bill – one payment. Why are there TWO fees for “Non-direct debit payment”?
They charged me for connection and downloads, but there isn't any information how much I downloaded and which tarriff was applied in the bill.
6.3.2. On each bill it issued a Supplier must include at least:
(d) billing period
They sent me bill for “the period ending 19 December” (attachment “bill1.jpg”). What about start? I was connected in December (as I remember), but I asked for connection 16 Nowember. Do they like to get money for time (November) when I was not connected? Or not? No information about it in the bill.
(m) hours of operation, if the contact point is open less then 24 hours, 7 days per week.
Their call centre (1300 ***) does not work with billing and account enquires at night and Sunday, but nothing about it in the bill.
6.7. ...A Supplier must provide information on billing and prices without Charge, except where:
(a) The Supplier previosly informed Customer of the amount of Charge...
I cannot recall anything like this in my phone conversation. So I believe I was not informed about $1-50 fee for printed bills, until I will be given full record where I can hear otherwise.
9.1.1 (d) providing adequate resources with the authority to resolve Complains...
9.2.4 Supplier must acknowledge written Complains within 5 Working Days of their receipt...
But they did not answer phone (up 15 minutes) and messages (up 15 days). Is it “adequate”? It is “5 working days”?
9.2.9 If ... a Supplier dismisses a Complaint..., it must inform Customer of the reasons and external avenues of resourse.
9.4.1 (b) – like this
They dismissed my complaint about applying cancellation fee in my case, but did not tell me anything about Telecommunications Industry Ombudsman or other options.
And they do not handle complaints in right way. I asked them for full record of the conversation a few days ago and got answer “the written contract you signed with People Telecom” (attachment NoIdeaAnswer.doc). So the member of their staff who wrote the answer did not know what WRITTEN contract does not exist in my case!
In March, when I was disconnected for more then a month, they sent me “overdue payment reminder” where I read “to avoid suspension and possible disconnection of your services, payment of this amount is requied immediately”. I understand what they use standard blank and just enter name and amount of debt, but anyway it gives filling what they do not have any idea about situation with my account.
I need your help, because I do not wish to pay cancellation fee. They have opinion what I must pay, because there is a contract (verbal agreement, not written).
I believe:
- People *** did brake the verbal agreement with me, Telecommunications Consumer Protections Code and TRADE PRACTICES ACT by connecting me to wrong plan, sending me not-clear bill, not-answering by calls and messages, hiding extra fees, poor handling my complaints.
I believe I have a right to leave company with a level of service like this without any penalties and ask you to help me realise the right. I do not want anything from them, I just ask them leave me alone.
Thank you.
There are 8 files attached to my message.
I will be happy to provide any extra information.
Ниже - текст жалобы Telecommunication Industry Ombudsman. Убил несколько вечеров и выходные на чтение законов и сочинение текста.
результат:
1. Позвонил провайдер и сказал что они мне все простили (то что я им предлагал по-хорошему давным-давно)
2. Позвонили их адвокаты (*** Responde) попросили меня продиктовать мою фамилию по буквам и покликав кнопки на компе закричали: СПАСИБО!!! нас попросили уничтожить ваше дело, а мы его ПОТЕРЯЛИ! Как хорошо что теперь мы его нашли!
Я просто офигел: адвокаты что собирались тащить меня в суд и требовать деньги ПОТЕРЯЛИ мое дело и вынуждены звонить мне узнать как пишется фамилия. И я уверен что у них нехилые зарплаты и клиентам в случае неудачи они рассказывают всякие сказки про адвокатов оппонента, не говоря "да мы потеряли половину ваших бумаг, поэтому прос...ли в суде все что могли, но это не важно для нас, т.к. счет мы вам выставим такой же как и при выигрыше"
Все никак не могу привыкнуть к Австралии.
Надеюсь данная жалоба будет хорошим подспорьем в борьбе с "трудолюбивыми", "ответственными", "радеющими за порученное дело" местными бизнесменами. Я выкинул из неё некоторую личную инфу, не влияющую на текст.
To: Deirdre O'Donnell!
I have some problems with my former internet provider, “People *** Pty Ltd”, PO *** North Sydney 2060, http://www.people***.com.au Phone: 1300 ***.
We discus this matter for a half year and cannot reach agreement.
I phoned them ** November 2007 (as I remember) and after chat with their member of staff asked them to connect me to internet, fixed price, fixed term contract.
In January 2008 I received the first bill from them and it was clearly wrong – too big price, much more then it should be.
I twice unsuccessfully tried to contact them by phone to discuss it. First time I waited for 10 minutes, second time – 15 and nobody answered. They played me message like “we care about our customers” and “we provide very good service” but unfortunately answering phones was not a part of the service.
I used their web-page (http://www.people***.com.au/contact_us) and twice asked them check out my bill (** and ** January, see attachment “BillQuestion.doc” to my message).
Later I got message, where they apologised for some problems with answering calls and messages (attachment “Calls.doc” to my message). Apology – it is good, but I (and Telecommunications Consumer Protections Code ) prefer to see a service.
I got automatic messages like “Billing Enquiry Query. Thank you for contacting People Telecom with your enquiry. Your request is currently being assessed by one of our ... Managers, who will contact you via return email as soon as possible”, but no real answer about my bill (see “BillQuestion.doc” attachment).
I received by usual post written contract from them and discovered extra fees: $1.50 per month for a paper invoice and $2.50 per month as you have not set up direct debit. Electronic invoice and direct debit are not comfortable options for me.
During conversation 16 November I was not told about it, I was sure I will pay only price which was discussed and no more. I asked about it and got clear answer like “price cannot be more anyway”. I cannot prove it, because I still do not have a full record this conversation.
So ** January (still no answers to my messages) I decided to cancel their service and let them know about it by using http://www.people***.com.au/contact_us and they answered after few hours!
If I worried about MY money – they did not answer phones, did not read my messages. But when I wrote message about cancellation – they started to worry about THEIR money and communicate with me ASAP!
Now they are going to court to get “cancellation fee” from me (attachment “demand.jpg”).
I tried to get a full record of our “verbal contract” but they sent me only small part, which cannot help. I do not remember anything about extra fees, but cannot prove it until I get full record.
http://www.tio.com.au/policies/Contr...saction.htm#3a we can find:
We take the view that it is not enough for a provider to give us:
a recording of the part of the call when the consumer agrees to buy the product, also known as the “voice signature”...
I got from them only “voice signature” and nothing more. They did not refuse to give me full record, but also did not do it. Also I was given a “contract” which was filled by their operator during out chat (attachment “Contract.pdf”). There is nothing about the fees there. Fixed price - $34-95 per month and it is all.
If we read C628:2007 Telecommunications Consumer Protections (TCP) Code, http://www.commsalliance.com.au/__da.../C628_2007.pdf we can see what is wrong:
4.2.6. Contract must state:
(a) what charges may apply, including their amount or manner of calculation
About extra fees and fixed term contract:
5.1.5.
(l) Fixed contract period: permit to Supplier to vary the price... Supplier must offer the consumer the right to terminate the ... Contract without incurring fees ..., other then ... usage or network access...
So if there are extra fees – there must be a right for me to cancel the contract without any penalties. I paid for the service until I was disconnected (31 January) and do not wish to pay any cancellation fees. I believe I have a right NOT to pay them.
We can read here: http://www.austlii.edu.au/au/legis/c...74149/s53.html, TRADE PRACTICES ACT 1974 - SECT 53,
(e) make a false or misleading representation with respect to the price of goods or services;
Their representative ** November did not tell me nothing about these fees and (as I remember) I asked her direct question about “fixed price” and I got clear answer – price cannot be bigger, then $34-95 per month. So I think they broke TRADE PRACTICES ACT also.
Their bills are wrong from point of view Telecommunications Consumer Protections Code:
6.3.1 ... A Supplier must ensure that items and categories in the Bill are described in sufficient manner ... to enable the Customer to identify the individual components...
In their bill there is nothing about extra fee $1.50 for a paper invoice. But I have message what this fee was charged (attachment “fee.doc”). They mentioned in the bill “Non-direct debit payment subcharge $2-50” and it is all (attachment “bill2.jpg”, top).
If the fee was charged – why nothing about it in the bill? If not charged – they do not know what is going on with my account.
Also I was surprised how they charged this fee TWICE in one bill (see attachment “bill2”, top). One bill – one payment. Why are there TWO fees for “Non-direct debit payment”?
They charged me for connection and downloads, but there isn't any information how much I downloaded and which tarriff was applied in the bill.
6.3.2. On each bill it issued a Supplier must include at least:
(d) billing period
They sent me bill for “the period ending 19 December” (attachment “bill1.jpg”). What about start? I was connected in December (as I remember), but I asked for connection 16 Nowember. Do they like to get money for time (November) when I was not connected? Or not? No information about it in the bill.
(m) hours of operation, if the contact point is open less then 24 hours, 7 days per week.
Their call centre (1300 ***) does not work with billing and account enquires at night and Sunday, but nothing about it in the bill.
6.7. ...A Supplier must provide information on billing and prices without Charge, except where:
(a) The Supplier previosly informed Customer of the amount of Charge...
I cannot recall anything like this in my phone conversation. So I believe I was not informed about $1-50 fee for printed bills, until I will be given full record where I can hear otherwise.
9.1.1 (d) providing adequate resources with the authority to resolve Complains...
9.2.4 Supplier must acknowledge written Complains within 5 Working Days of their receipt...
But they did not answer phone (up 15 minutes) and messages (up 15 days). Is it “adequate”? It is “5 working days”?
9.2.9 If ... a Supplier dismisses a Complaint..., it must inform Customer of the reasons and external avenues of resourse.
9.4.1 (b) – like this
They dismissed my complaint about applying cancellation fee in my case, but did not tell me anything about Telecommunications Industry Ombudsman or other options.
And they do not handle complaints in right way. I asked them for full record of the conversation a few days ago and got answer “the written contract you signed with People Telecom” (attachment NoIdeaAnswer.doc). So the member of their staff who wrote the answer did not know what WRITTEN contract does not exist in my case!
In March, when I was disconnected for more then a month, they sent me “overdue payment reminder” where I read “to avoid suspension and possible disconnection of your services, payment of this amount is requied immediately”. I understand what they use standard blank and just enter name and amount of debt, but anyway it gives filling what they do not have any idea about situation with my account.
I need your help, because I do not wish to pay cancellation fee. They have opinion what I must pay, because there is a contract (verbal agreement, not written).
I believe:
- People *** did brake the verbal agreement with me, Telecommunications Consumer Protections Code and TRADE PRACTICES ACT by connecting me to wrong plan, sending me not-clear bill, not-answering by calls and messages, hiding extra fees, poor handling my complaints.
I believe I have a right to leave company with a level of service like this without any penalties and ask you to help me realise the right. I do not want anything from them, I just ask them leave me alone.
Thank you.
There are 8 files attached to my message.
I will be happy to provide any extra information.
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