Unknowingly tied into 12 month contract - What are my options ?

Scientist_Matt

A Couple of months ago, I purchased a TopupTV anytime box. I wanted an new PVR and having been a previous customer wanted to see what the new service was like.

Before purchasing a box via the website, I contacted TUTV directly to see if, as a previous customer, there were any offers on - and was told I could get a box for £49.99. An offer which I accepted.

Approx one months later, I decided that the new service is not worth the £9.99/mnth and wanted to cancel (My recomendation - stay away from it). So last week contacted TUTV to cancel. So far, so good. I was put through to cancellations, asked why I wanted to leave, offered a reduced rate for three months and finally it was pointed out that I was paid up to the end of the month and that cancellation was immediate. At this point I decided since I've paid for it I might as well have one last use of it and then cancel it.

When I called back later in the week to cancel I was told that I couldn't cancel as I was tied into a 12 month contract :mad: (the £49.99 offer was contingent on this). Now, I was not made aware of this when I purchased the box and indeed wouldn't have taken the offer, had I known.

Where do I stand with this? Since I wasn't told that I was entering into a contract, have I entered into it? can I cancel? The only thing TUTV have said to me so far is to put my complaint into writing, which I have but I want to know where I stand before finishing it and posting it.

Matt

pinkshoes

Don't you have to sign something saying you agree to a 12 month contract? Check all the paperwork they sent you, and see what it says, and also check all the terms and conditions on their web page. If nothing says about a 12 month contract, then you have a good case. Companies often record telephone conversations too, so maybe they'll have a record of their staff not telling you of such a contract?!

Scientist_Matt

Re paperwork, unfortunately, I've had a clear out and can't find much of what came with the kit. From memory however, it was just here's your new box, here's your new card, and this is to confirm your DD details - no mention of 1 year, or T&C's for that matter.

From the conversation I had with someone last week, they do record conversations, so there should be record of what was / was not said. Which is something I suppose

I guess what I really want to know is where do I stand in terms of the law? can this apparent contract be broken or will i have to see it out. My basic standpoint is that I don't see how can it be a contract if one party never knew about it, I feel that I have been sold something with hidden strings attached and I want out.

Matt

Hapless_2

It does say on the web page, existing customers £49.99 12 month contract. If you had paid £99.99 there would have been no contract.


12 month contract. £9.99 a month
No contract. £9.99 a month
Then just £9.99 a month


http://www.topup.tv/customer.html

Butlers1982

Re paperwork, unfortunately, I've had a clear out and can't find much of what came with the kit

Tut tut tut!
You should never throw anything to do with contracts away!

ring them and ask them to send you a copy.

Scientist_Matt

Hapless,

Those prices you quoted weren't on the website when I purchased my box - I think they were quoting £170 for the box or £130 with a contract. So when I asked if there was anything as a returning customer and was offered £49.99 and wasn't told about the 12 month contract I assumed the price was relating to being just a returning customer.

And yes Buttler1982, you are right - i should never throw paperwork away and usually don't. anything that got binned did so because I interpretted it as junk.

Lessons / Reminders from this are :

1) Caveat Emptor. If it looks too good, it usually is.
2) Read Everything that comes in the package and don't throw it out.

Now, I've Just got to wait and see what happens from the letter to customer services....

Matt

rogerdodger_2

how did you get on with customer services, did they let you out of contract?

i had this for 4 months but couldnt get a decent signal so never got any of the perks.
i am trying to get out of paying rest of contract that i knew nothing about until i cancelled the payment!

Scientist_Matt

Hi RogerDodger,

Yes, eventually they let me out of the contract. Though it was a bit of hassle.

I joined the Which legal service and got some advice from them on how to compose my letter of complaint. Took about four weeks from date of sending until I got a phone message asking me to call back re my letter. and would I call back to arrange cancellng.

I called back got a helldesk operator who informed me again that I could not cancel, even though their system had the letter on it. [customer service absolutely sucked here IMHO]. After making a fuss, I got to speak to someone who spoke to someone else and I was allowed to leave.

I have a copy of the letter somewhere if it'll be any help to you

Matt

hollydays

Scientist_Matt wrote: »

Hi RogerDodger,

Yes, eventually they let me out of the contract. Though it was a bit of hassle.

I joined the Which legal service and got some advice from them on how to compose my letter of complaint. Took about four weeks from date of sending until I got a phone message asking me to call back re my letter. and would I call back to arrange cancellng.

I called back got a helldesk operator who informed me again that I could not cancel, even though their system had the letter on it. [customer service absolutely sucked here IMHO]. After making a fuss, I got to speak to someone who spoke to someone else and I was allowed to leave.

I have a copy of the letter somewhere if it'll be any help to you

Matt

" helldesk"-that is sometimes very appropriate.. I think you just invented a new term

rogerdodger_2

matt, that would be great!

i have just replied to their email explaining i am in contract asking to see the signed document, i never signed anything so i assume they will probably not have anything to show me.

rogerdodger_2

according to the Consumer Protection (Distance Selling) Regulations 2000
i should have received a written copy of the contract i agreed to over the phone.
i didn't get this, i emailed them back explaining this and asked if they could compromise with my contract!!