Problem with transfer to different telephone provider

KaKo27

Hallo,
I am new to the forum and would like to say hallo to you all.
Our problem is the following:
We changed telephone provider for the home phone from Bt to Call Select in 2011. Call Select changed hands a few times and we ended up with a company called Chess Telecom. The charges went up and up. BT offered us a good deal to go back to them, and we decided to do that.
And now Chess are telling us, that the contract with them runs for 5 (!) years, that means till Nov 2016. We were not aware, that the contract with Select would run for such a long time, and we have no paperwork, which would say so.
Chess want £28.00 per month early termination fee, which makes x 28 month £ 784.00 plus £ 99.00 administration fee.
Are they right to do so?

JJ_Egan

https://www.google.co.uk/search?q=Chess+Telecom+MSE+site:forums.moneysavingexpert.com&client=firefox-a&hs=6EW&rls=org.mozilla:en-GB:official&channel=np&gws_rd=ssl

As per multiple posts that's the contract .

KaKo27

...for your help. I see, we are not the only one's having problems with Chess Telecom. But I can't see us having success getting out of the "contract" without paying or staying till the end in 28 month...

macman

Business or residential contract?

KaKo27

It is a business contract.

Heinz

Write it off as a business expense then.

macman

Then you have no consumer protection and you are bound by the T&C's applying at the time the contract commenced. If you didn't check them then, that does not void the contract without penalty.
Did the original contract you agreed with Select Call have a five year minimum term? If not, Chess cannot impose it retrospectively.
The alternative is to try and negotiate a lower ETC, or (if not too late) to cancel BT, and stick with Chess for another two years plus.

KaKo27

We have decided to stay with Chess for the time being and cancelled the BT order (grudgingly), because it turned out that the termination fee would be even higher, 40 something pounds times 28 month, which is the average of our call charges of the last six month.
We are not aware, that the original contract with Select was fixed to 5 years . Our paperwork doesn't show it, but Chess say, they have a voice recording of the original oral contract.
When we told them we have to stay with them, they promised to offer us a better deal and someone would call us, which still has to happen, but they say it would be a 3 year contract.
It just is disheartening, that companies like that get through with such things, and one can do nothing about it.

bubieyehyeh

Why not call their bluff and ask them to play you the oral recording.

KaKo27

Yes, I thought of it but unfortunately too late.
They came back to us yesterday and offered us a much better contract. Hopefully they will honour it.
Thank you all for your help.

Enterprise_1701C

Would still ask to hear the oral recording, then you have something to go back to if they do not honour the contract. Don't forget that the contract does not stop them putting prices up.