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QLD Australian Consumer Law - Salesperson at Telstra Didn't Follow Through with Promises

Discussion in 'Australian Consumer Law Forum' started by Alias77, 9 March 2016.

  1. Alias77

    Alias77 Active Member

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    My partner and I recently had to venture overseas for work. We decided to see what our options were in regards to phone calls, data, etc. overseas. We visited a store and was told our best options were to upgrade to the premium plan @195 per month. The salesperson said if we both sign there and then we would receive the plan for $170 each per month.

    Upon looking at our current contracts, we both had some time to go before the current contracts ended. We were told he would waive the exit fees if we both signed up to the new plans on the spot. Both my partner and I did some calculations, and to exit our contracts and go with something different or sign the new plan at $170 per month worked out to be about the same over the period of a year.

    We both signed for the new plans. Our bills have come in and we have been charged the exit rates from our old contracts. The salesperson is saying that we were aware of these charges and we have to pay. So now it has come to his word against ours.

    In our favour, he made a couple of other promises that day, waiving a fee of broadband cancellation and a credit for an insurance claim, none of which were applied to our bill. We have since received these promises of credit, but he is denying us the exit fee credits.

    My point is, he made a lot of promises, none of which were followed through with, however, he won't admit to the credit for exit fees. What can I do under Australian Consumer Law?

    Telstra is very frustrating to deal with and I am getting nowhere .

    How can we get what we were promised ? Or get out of the contract for good?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Alias77,

    Under Australian Consumer Law, telcos must adhere to consumer guarantees in the delivery of their services. For example their services must:
    • be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage
    • be fit for the purpose or give the results that you and the business had agreed to
    • be delivered within a reasonable time when there is no agreed end date.
    If they fail to live up to these guarantees, you may be entitled to cancel your contract or obtain compensation for your loss.

    I would write a formal letter to them setting out your rights under the Australian Consumer law and demand that either the fees be dropped or the contract be terminated immediately and that written confirmation of their election be provided to you within 14 days or something to that effect. If they don't respond or provide a response you are not happy with, you can make a complaint: Make a consumer complaint | ACCC

    Or contact the telecommunications ombudsman.
     
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  3. Alias77

    Alias77 Active Member

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    That's very helpful information. Thank you ! :)
     
  4. Alias77

    Alias77 Active Member

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    Sorry, one more thing! Does it matter that it is his word against ours. He is adamant that he told us we would have to pay the exit fees??
     

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