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AOL Contract Cancellation

sparxy
sparxy Posts: 19 Forumite
edited 26 February 2011 at 4:55PM in Broadband & internet access
Unfortunately this is a long post, it is a bit of a complicated situation.

Recently we decided to swap ISP, as we're not really getting a great deal (looking to move phone aswell).

Apparantly, we're in another contract with AOL. We've been with them since approx 2001 for internet, and 2004 for broadband. Rang up, and was told there would be a £46.60 cancellation charge as we were in an 18 month contract since 31st December 2009!!!

We had been paying £19.99 for a good 6 months at least while the same plan was £14.99 (were not in a contract at this point), before they changed the prices over for us aswell in Dec 2009 and started the new contract.

I'm going to write a formal letter of complaint to them, after the most unhelpful advisor ever refused to explain why we were in a contract at all (just, we were), and to contact their complaints dept - the address she gave me didnt have a post code due to it being a "PO Box" - Yeah, right, so looked up the proper address online.

I'm going to argue these points:
  • The contract was formed without our agreement - the account holder does not read emails, since they did not send any post to us regarding this till after the cooling off period, we did not know about it
  • We have been a loyal customer for over 9 years
  • They recently introduced a £1.99 charge for credit/debit payments (Last november) effective from 1st Jan 2011, through email, which the account holder did not read/agree to.
Basically they've messed us around, changing payments willy nilly, and we've had enough. Any more ideas?

(On a side note, we ordered from talktalk, and then a day later cancelled the order due to issues - apparantly they'd already contacted AOL and they sent us an email saying they would cancel our service - i phoned them up and made sure they'd keep it connected -- does anyone know if they will charge us the cancellation fee for this even though we havent technically cancelled yet?)

Comments

  • steveE2
    steveE2 Posts: 1,327 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    When you agree a price reduction normally this starts a new contract.
    I'm going to argue these points:
    • The contract was formed without our agreement - the account holder does not read emails, since they did not send any post to us regarding this till after the cooling off period, we did not know about it
    • We have been a loyal customer for over 9 years
    • They recently introduced a £1.99 charge for credit/debit payments (Last november) effective from 1st Jan 2011, through email, which the account holder did not read/agree to.
    If the account holder didn't bother to read the emails that's their problem, AOL fulfilled the conditions by notifying them.

    Loyalty counts for nothing these days

    See above: payment can be made by direct debit at no extra charge, if you choose an alternative payment method then the charge applies.

    May not be what you want to read but I would say aol are within there rights to charge the cancellation fee.
  • sparxy
    sparxy Posts: 19 Forumite
    The payment could be made by direct debit, however we have paid the same method since 2001, so why would we change it now?

    Yeah, I guessed as much! I will pop a letter off to their complaints dept anyway, worth a try (I got a free sky+ HD box, new dish, and hd pack free for a year when I complained about something much smaller with sky!)
  • steveE2
    steveE2 Posts: 1,327 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    sparxy wrote: »
    The payment could be made by direct debit, however we have paid the same method since 2001, so why would we change it now?

    Yeah, I guessed as much! I will pop a letter off to their complaints dept anyway, worth a try (I got a free sky+ HD box, new dish, and hd pack free for a year when I complained about something much smaller with sky!)

    Another ISP has recently done the same charging for payments made other than DD, think it was Plusnet but not sure.
    Always worth trying a nice complaint never know what you may get without asking
  • pcombo
    pcombo Posts: 3,429 Forumite
    "The contract was formed without our agreement - the account holder does not read emails, since they did not send any post to us regarding this till after the cooling off period, we did not know about it"

    Appeal rejected.
  • I am also pursuing AOL with misleading terms and conditions.

    I was in a 18m contract of £14.99/month and likewise they changed it via an email to £19.99 plus the debit card charge and vat put it up to £22!
    The Office of Fair Trading are currently investigating misleading terms and conditions .They ceratinly fit the catergory !!
    I have always been happy with them but certainly will be changing when contract up to a more honest company if there is one .
  • sparxy
    sparxy Posts: 19 Forumite
    steveE2 wrote: »
    When you agree a price reduction normally this starts a new contract.

    Our "agreement" meaning us not cancelling within their 7 day cooling off period?
  • steveE2
    steveE2 Posts: 1,327 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    sparxy wrote: »
    Our "agreement" meaning us not cancelling within their 7 day cooling off period?
    When "before they changed the prices over for us aswell in Dec 2009"
    By accepting the lower price you started a new contract.
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