Q My mother is an elderly widow in poor health. As her designated caregiver, I recently got access to her bank accounts and upon checking her accounts, I learned she was still paying a TV subscription to a property she had bought five years ago. was transferred. I have since learned that my mother called the TV provider in March 2017 to inform her that she would be taking over the property and that she would need to cancel her TV subscription. During this call, the TV provider actually sold her another TV subscription and advised my mother to take the service with her when she left – and to let the TV provider know when. Has gone. My mother moved home in May 2017. However, she forgot to inform the TV provider about her move, not knowing that she was still being charged for a TV subscription – and then signed up for another TV subscription provider at her new home. did. I managed to contact the TV provider and it has now stopped the service and charges on my mother’s account. However, the TV provider said that my mother is not entitled to refund of fee for the last five years as she did not advise it when she actually moved. Could this be true? It seems incredibly unfair that an elderly woman has been paying a TV subscription for the past five years for a service that was given to another asset she didn’t own. Tommy’s, Dublin South
a When entering a service contract over the phone, the first thing to be aware of is that it is as valid and binding as a written contract. This means that once the contract is agreed upon, both the consumer and the service provider have many rights, as well as responsibilities.
For example, the consumer has the right to certain information about the contract, including details about the provider, the cost and minimum length of the contract, as well as any applicable terms and conditions.
In return, the service provider must provide this information to the subscriber after the call, either in writing (such as in a letter or email), or to provide proof that the information was given to the subscriber over the phone (such as Phone call). It is important to note that the service provider is not obliged to send a written version of the contract to the subscriber – as it is sufficient for them to keep a recording of the telephone conversation in case of a dispute.
Based on the details provided, it appears that the subscriber agreed to a new subscription agreement with the service provider over the phone, and was provided with certain pertinent information, such as the need to move the service to his new home. ability. The information also shows that the subscriber was made aware of the need to be notified of his new address, so that the subscription details could be updated.
From the point of view of consumer rights, neither the consumer protection law nor the contract law specify the right of redressal in cases where a consumer fails to inform the service provider about the update of his personal information. This means that what the consumer is entitled to will depend on the terms and conditions of the service contract with the business.
If the Consumer does not receive or does not receive a written copy of the Agreement as a next step, we suggest that he (or his son or relative) contact the Service Provider to request a copy of the original Terms and Conditions. She or her kin should check the context of the circumstances in which she may be entitled to a refund.
Your mother or you may wish to request more details of the telephone conversation between her and the business representative to support her claim for redress.
Given the circumstances of the case, the subscriber can formally ask the service provider to waive the previous charges as a goodwill gesture – although the service provider is not bound to do so.
Where the consumer is unhappy even after exploring all alternatives directly with the service provider, one option is to pursue the matter within the company by making a formal complaint in writing, either by letter or email.
You can find several sample complaint letters on the CCPC website (ccpc.ie).
If after making a complaint, you or your mother is not satisfied and you feel that the company’s action was not in accordance with the Terms and Conditions of Service, your mother can take legal action through the small claims process for maximum claims . €2,000. For claims in excess of €2,000, your mother may choose to seek independent legal advice to pursue the matter.
