Please, help!

andrewlya

DavidP24 wrote: »

Good thinking Batman, I mean Peter.bromley

I checked their terms and conditions and on April 5th 2015 their terms read as below, NO MENTION OF EITHER £25 CHARGE

"

1. If you wish to end your Contract

If you wish to cancel a Service, the following will apply:
to end the Broadband Service you must tell us in writing 30 days in advance of leaving us;
to end the UK Calls Service, you must tell us in writing 30 days in advance of leaving us. However, if you are leaving us to go to another telephone company, we will consider that you have given appropriate notice as soon as when we receive notice from your new provider. In other words, you will not be required to give us 30 days written notice in this instance.
If you wish to end this Contract, you must either call Customer Services or write to us at POP Telecom 9 Ashton Gate, Ashton Road, Romford, Essex RM3 8UF. Any legal proceedings that may be issued by you can only be served by sending them to us at the same address.
If you are ending your contract or any service before the end of your initial term then you will be provided with an early termination fee for the remainder of the contract. This is detailed on our website or you can contact the Customer Service Department, the number can be found on any of your telephone bills from us."

I do not know when these terms came into force but you started your contract on May 5th and the new terms do not say from what date they are effective from.

Assuming you were under the old terms, they have to inform you of new term, OFCOM rules say they have to tell you of any change that is detrimental, they did not inform you and their trying to say it is enough to publish on their website is complete ball hooks. They have to explicitly write to you.


48. Changing these Conditions
We may change these Conditions at any time for legal, regulatory or commercial reasons. We will notify you of all such changes in writing and/or by publishing them on our Website.
If we believe such changes are to your material detriment we will give you at least thirty (30) days’ notice of such changes by writing to you and/or publishing them on our Website or providing them on our Customer Services telephone line by way of a recorded message or by posting them on our website
If you object to any change that we believe is to your material detriment you may terminate your Contract without charge provided that you notify us in writing within thirty (30) days of our notification to you of the relevant change.
When we notify you of any change to these conditions, we will remind you of your right to end this contract without charge
This Contract sets out the whole agreement between you and us for the provision of the Services and supersedes all prior agreements between you and us. Neither of us has relied on any representation arrangement understanding or agreement (whether written or oral) not expressly set out in these Conditions.
If any particular clause of these Conditions shall be, or be held to be, invalid or shall not apply to the Contract, the other clauses hereof shall continue in full force and effect.

It is in your interest to check see if you have any terms mailed to you when you signed up and to check clause 32, they may say it supersedes but OFCOM rules say they have to tell you and you then have 30 days to quit from the day they tell you.

So you can check your terms and tell them to get lost, you need to get them to concede

The archive of their terms for para 32 is archived here:

https://web.archive.org/web/20150406123321/https://www.poptelecom.co.uk/page/termsandconditions#

Absolutely brilliant!
I can't beleive they could have charged me the 50 quid fee had I not checked my old terms...seriosuly, some companies...

I had a response from them saying they will not be charging me for tranfsering my broad band to another company.

peter.bromley

Thank you all for your good advice.
I have looked at my original terms and conditions for my contract taken out in March 2015 and there is no mention of an exit fee or as they refer to it an admin fee.
I phoned them again today spoke to Jack and told him.
His response was to say that they would waive the fee if I sent them a copy of the terms and conditions that they had sent to me.
I pointed out that as they had sent them they must already know that what I am saying is right.
He insisted that they would do nothing unless I sent the t&c as how did they know that I was not bluffing (his actual words) in other words virtually saying that I could be lying. In any event if I could not produce them they would do nothing.
I have sent them off with a suitable covering letter and will be interested in their response.
If nothing else it says quite a lot about the sort of outfit they are.
I suppose there is a lesson here for everyone but I still expected organisations like this to be basically honest. Shows you can never take things at face value.
I look forward to seeing them one day on rogue traders.

andrewlya

peter.bromley wrote: »

Thank you all for your good advice.
I have looked at my original terms and conditions for my contract taken out in March 2015 and there is no mention of an exit fee or as they refer to it an admin fee.
I phoned them again today spoke to Jack and told him.
His response was to say that they would waive the fee if I sent them a copy of the terms and conditions that they had sent to me.
I pointed out that as they had sent them they must already know that what I am saying is right.
He insisted that they would do nothing unless I sent the t&c as how did they know that I was not bluffing (his actual words) in other words virtually saying that I could be lying. In any event if I could not produce them they would do nothing.
I have sent them off with a suitable covering letter and will be interested in their response.
If nothing else it says quite a lot about the sort of outfit they are.
I suppose there is a lesson here for everyone but I still expected organisations like this to be basically honest. Shows you can never take things at face value.
I look forward to seeing them one day on rogue traders.

Well, they are chancers, basically they told me that the new "leaving charge" came into effect in August 2015 so they all should know that any contracts taken out before August 2015 would not incur the £50 charge, they can see on their system that your contract was taken out before August 2015 meaning you are not obliged to pay the new charge but they still insist on you producing them with the T&Cs, shambles is not a word!

Ofcome needs to look into this, hope more and more will complain about this one.