[Solomon]

Went into my mobile phone provider today.
Was wanting to know how much longer I had to serve on my current plan, as I am having increasing trouble with my mobile phone battery.
Discovered I still have 12 months to go.

Let me tell you the full story.
12 months ago, I was driving along the motorway, on my way to a rather important meeting, when the phone rang.
Because I was expecting an emergency call, I pulled off to answer it (after negotiating major traffic)
It was a foreign sounding girl advising me that my current plan expired in 5 days, and would I be willing to sign up for a new plan.
I asked if she could send all the paperwork to my office, and I would read through it and get back to her.
She explained that she couldn't do that, and that this call was the means of applying for a new plan.
She tried to give me all sorts of figures about what savings, blah, blah, blah.
I said, there was no way that I could discern all that information from a verbal explanation.
She then said, that if I did not agree to a new plan then there was a risk of my phone being disconnected in the next fortnight when the plan ran out. (All of which, I discovered later is a load of tripe)
As I need my mobile phone, I told her that was not good enough.
And she then tried to explain the new plan again.
I believed I then said "ok", believing that I had signed up for another 12 months with the same plan that I had originally.

I have never received any paperwork to indicate that I had changed plans, or what the terms of the plan are, although I did receive a motorola mobile phone (basic model), which apparently was a part of the plan. My bills, thankfully remained the same.
As I had a fairly expensive phone, I ended up giving that phone to my daughter who somehow got it wet, although I have discovered on the internet that motorola's are susceptible to moisture and as soon as the little white dot turns red, you void the warranty. (Some have actually turned red simply from going from air-conditioning to humid)

Imagine my surprise then when I discover that I still have 12 months to serve, and now my other phone playing up.
Not only that, but when I ask the girl to give me a look at where I signed up, she explained that a yes over the telephone is considered a signature.
I said, well play me back my voice saying "yes" to a 2 year plan.
She said that she couldn't do that.
I said, "So you have no hard evidence that I agreed to this, and yet, I am bound by the contract to continue to pay for the next 12 months."
She said "Yes"
So I face the choice of taking out another plan and getting another phone, or spending nearly $100 to buy a new battery for my old phone.

Ah well, such is the age of technology, and my inability to think more quickly on my feet.

The first telephone I ever used was at my parents at the age of 8 or 9. It hung on the wall and had a brass handle that you had to turn. This would alert Mrs B, the operator who would ask what number you wanted to connect to. I rang my mate Steve to invite him over to play. We were only allowed to use it under strict guidance from my parents, or emergencies. Our phone number was just 2 digits (25), back then.
Then we got an automatic mechanical exchange and we had to add another digit to our phone number (125) Then that exchange was converted to digital and our phone number became (502125)
Now phone numbers are 8 digits and mobile phones 10.
At last count, I had accumulated 14 mobile phones in our kitchen drawer. All of them uselessly dead!! I'm keeping them as a symbol of the waste of the modern era.

Thanks for letting me get that off my chest.

[sydney3000]

Solomon, on 10 February 2010 - 04:10 AM, said:

Now phone numbers are 8 digits and mobile phones 10.

All regular Australian connections are 10 digits.


(02) xxxx xxxx (landline network)
(03) xxxx xxxx (landline network)
(04) xxxx xxxx (mobile network)
(07) xxxx xxxx (landline network)
(08) xxxx xxxx (landline network)

[urchin]

i have only 3 letters for you - t.i.o.

http://www.tio.com.au/

they handle all this kind of crap. i made a fair bit of money on my inept landline provider because it took them over a month to get my phone hooked up--the fine they had to pay me covered my phone bills for a year and then some.

don't believe anything the phone companies say. contact tio, they will give you a "special" phone number with a case #. that will put you in touch with a real manager whose business will be to settle the whole mess as quickly and quietly as possible.

i haven't used them with cell phones, but with landlines the effect was outstanding. one day i'm on the phone 2 hours at a time, routed from one person to another getting diff't information from each one, after contacting the TIO they are asking me how much money they owe me...

[Solomon]

urchin, on 10 February 2010 - 11:24 AM, said:

i have only 3 letters for you - t.i.o.

http://www.tio.com.au/

they handle all this kind of crap. i made a fair bit of money on my inept landline provider because it took them over a month to get my phone hooked up--the fine they had to pay me covered my phone bills for a year and then some.

don't believe anything the phone companies say. contact tio, they will give you a "special" phone number with a case #. that will put you in touch with a real manager whose business will be to settle the whole mess as quickly and quietly as possible.

i haven't used them with cell phones, but with landlines the effect was outstanding. one day i'm on the phone 2 hours at a time, routed from one person to another getting diff't information from each one, after contacting the TIO they are asking me how much money they owe me...

Thanks urchin.
I will let you know what they say.

[RumpledElf]

Our mobile managed to disconnect itself from the network yesterday while we weren't home, which I only noticed when I couldn't make outgoing calls - the phone gives no indication at all when it isn't on the network. There's probably something in the fine print of the manual that says if you leave it switched on for 100 days in a row or something it'll lose connection.

Not helpful, considering yesterday I was running around trying to buy a house. Turned the phone on and off and lo, there was a stack of messages from everyone house related that we could have chased up before we left Adelaide but no, bloody Telstra.

I'm only on my third mobile. First was a Samsung that just got old and crap, second a Nokia that was great but we only had it a year and were forced to upgrade to a $400 phone with no other options by Telstra. Everyone else was forced to get the same phone at the same time so now any time a phone rings in public here, someone whips out a clone of our phone to answer. We're probably all on the same Telstra 24 month plan too.

The first call I got when the phone was back online was the same telemarketing company I get every few days that tells me I now have free calls for the same cost per month I pay now. They won't tell me who they are or how you get this deal. The last one I hung up on rang me back TWICE and I hung up on him all three times. As they are calling my old phone number which is redirected, I have to pay for their calls so they annoy me somewhat.

[Mr Medved]

I agree that you should contact the ombudsman's office but you also have to take responsibility for your actions. In my cynical view of the world contracts are merely devices to shift risk - usually onto YOU unless you write the contract.

While the company may have acted in a devious manner you put yourself in a position of risk. It's a bit like PI mortgage monkeys protesting RBA rate rises when they put themselves in a position of risk of higher interest rates (and declining prices, hehe).

Some words from Marc Faber: I have always taken full responsibility for my actions and never blamed anybody else for what went wrong. As a result I have no regrets.

Disclaimer: I don't own a mobile and my wife uses a prepaid account.

[Solomon]

Mr Medved, on 11 February 2010 - 01:08 AM, said:

I agree that you should contact the ombudsman's office but you also have to take responsibility for your actions. In my cynical view of the world contracts are merely devices to shift risk - usually onto YOU unless you write the contract.

While the company may have acted in a devious manner you put yourself in a position of risk. It's a bit like PI mortgage monkeys protesting RBA rate rises when they put themselves in a position of risk of higher interest rates (and declining prices, hehe).

Some words from Marc Faber: I have always taken full responsibility for my actions and never blamed anybody else for what went wrong. As a result I have no regrets.
Disclaimer: I don't own a mobile and my wife uses a prepaid account.

Of course, you are right Med.
I do blame myself.
I blame myself for being so damned busy that I didn't take a little more time to think about their proposition.
I blame myself for not following up, when I returned home, and just took it for granted that I only had another 12 months.
I blame myself for being so dependent upon a mobile phone that I find myself in this position.
I blame myself for being so naive.

But this is how I have learnt most of my life.
My biggest concern is not to repeat the same mistake twice.
Knowing my record, I don't rate my chances.
Some mistakes I've actually repeated many times. (Never comment on my wife's dress - even saying it looks "nice")
If I believe the bible, I can make the same mistake seven times seventy.

Yesterday, I was just having a rant.
I didn't say Telstra were wrong, or even that they shouldn't have done it the way that they did.
I was just frustrated with myself for being so gullible.
I'm normally much more considered in my dealings.

[Easy Tiger]

Solomon, on 11 February 2010 - 03:57 AM, said:

Knowing my record, I don't rate my chances.

Time to change that

Solomon, on 11 February 2010 - 03:57 AM, said:

My biggest concern is not to repeat the same mistake twice.

If you feel pressured into something just say NO. Even if it sounds like you have no option just say NO.

Solomon, on 11 February 2010 - 03:57 AM, said:

Yesterday, I was just having a rant.
I didn't say Telstra were wrong, or even that they shouldn't have done it the way that they did.
I was just frustrated with myself for being so gullible.

If you honestly believe / know that you were misled then demand that they also take some responsibility for their action / the actions of their employee.

But if I may be as bold as to suggest

1. Don't ever make threats
2. Use the "I use 'telstra' because I like to deal with >insert principle for telstra to live up to<"
3. Don't get angry - be polite, if they aren't giving you what you want play dumb and make them say that they are being pricks

4. The way I got out of my last 'bind' was to use the "I believe that I can't be held liable for any contract made when I was intoxicated" - It was true as well (I was pissed and then some)

[xgjunkie]

Sol,

It is up to them to prove you had a contract.

What are you frightened of?

I would stop paying it and wait for their next move.

I'm suprised that a person of your 'wisdom' would be so accepting of the advice given by the other side.

At the end of the day contracts are only legal if they are fair, assuming of course you actually have a contract.

[Solomon]

Thanks guys.
Hopefully it is being sorted out.
I will let you know in a couple of days.

[Easy Tiger]

xgjunkie, on 11 February 2010 - 10:35 AM, said:

Sol,

It is up to them to prove you had a contract.

What are you frightened of?

I would stop paying it and wait for their next move.

I'm suprised that a person of your 'wisdom' would be so accepting of the advice given by the other side.

At the end of the day contracts are only legal if they are fair, assuming of course you actually have a contract.

I'm not sure I'd go with the "stop paying them" route. Maybe pay them with something scrawled across the payment to the effect of "paid under duress awaiting proof of obligation to pay" or the like