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  Reply # 936422 18-Nov-2013 09:07
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gregmcc: Just having a think about it, when the OP signed up for his contract was there any mention of the late payment fee? if not then they cannot vary the terms of the contract by introducing a late payment fee.


Regardless, there presumably WAS a mention that the plan cost $x/month - I hardly see how he can say 'but I don't have to pay EVERY month, just when I can' as an excuse for not holding up his side of the bargain.  And a small fee appears reasonable to the majority of the above respondents as a remedy for the OP's breach of contract.

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  Reply # 936424 18-Nov-2013 09:09
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gregmcc: Just having a think about it, when the OP signed up for his contract was there any mention of the late payment fee? if not then they cannot vary the terms of the contract by introducing a late payment fee.


Yes they can

 
 
 
 


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  Reply # 936437 18-Nov-2013 09:19
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johnr:
gregmcc: Just having a think about it, when the OP signed up for his contract was there any mention of the late payment fee? if not then they cannot vary the terms of the contract by introducing a late payment fee.


Yes they can


And would the OP be able to make variations to the contract as well, like maybe a customer loyality discount?

Until the OP actually responds with some details I really don't think anyone here is in a position to make a comment about terms of a contact been varied

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  Reply # 936458 18-Nov-2013 09:52
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gregmcc:
johnr:
gregmcc: Just having a think about it, when the OP signed up for his contract was there any mention of the late payment fee? if not then they cannot vary the terms of the contract by introducing a late payment fee.


Yes they can


And would the OP be able to make variations to the contract as well, like maybe a customer loyality discount?

Until the OP actually responds with some details I really don't think anyone here is in a position to make a comment about terms of a contact been varied


The contracts are standard and the terms published so folks can comment on the terms




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  Reply # 936479 18-Nov-2013 10:16
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Wouldn't need such huge late fees if telco's didn't hand out premium phones on credit to people that wouldn't meet the same requirements to get that money from a bank.

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  Reply # 936493 18-Nov-2013 10:44
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gregmcc: Just having a think about it, when the OP signed up for his contract was there any mention of the late payment fee? if not then they cannot vary the terms of the contract by introducing a late payment fee.


I almost guarantee late payment fees would be outlined in the contract, but suggest that the OP (like many people) probably signed the contract without reading it after they had verbally acknowledged the term and monthly cost of the plan, and how much call time, texts and data they got for that.

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  Reply # 936504 18-Nov-2013 11:04
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andrew027:
gregmcc: Just having a think about it, when the OP signed up for his contract was there any mention of the late payment fee? if not then they cannot vary the terms of the contract by introducing a late payment fee.


I almost guarantee late payment fees would be outlined in the contract, but suggest that the OP (like many people) probably signed the contract without reading it after they had verbally acknowledged the term and monthly cost of the plan, and how much call time, texts and data they got for that.


I have been with 2Degrees for a long time and my latest bill is the first one to have this paragraph:

Please note that a late payment fee of $7.50 (incl. GST) will be charged if your payment is made after the due date. This amount will be added to your next bill. 

So this is new and presumably what caused the outburst from the OP. It doesn't bother me
because I always pay promptly.

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  Reply # 937207 19-Nov-2013 11:12
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johnr:
gregmcc: Just having a think about it, when the OP signed up for his contract was there any mention of the late payment fee? if not then they cannot vary the terms of the contract by introducing a late payment fee.


Yes they can


No, actually, they can't.  A unilateral change of any kind alters the terms of the contract, and the customer can exercise their right to reject the new terms and terminate the contract without penalty.

Most customers, of course, do not, as this type of change doesn't really affect them.

Edit: That said, I just got two emails from 2degrees in the last 24 hours.  The first, the "One less thing to do this silly season" entreating me to set up an automatic payment, says that there is a $7.50 late fee added to overdue invoices.  The next, my actual bill, says there is a $5 late fee (both say GST inclusive).  Really, 2degrees?  You can't even keep the story consistent over 24 hours?!?

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  Reply # 937250 19-Nov-2013 12:32
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Kyanar:
johnr:
gregmcc: Just having a think about it, when the OP signed up for his contract was there any mention of the late payment fee? if not then they cannot vary the terms of the contract by introducing a late payment fee.


Yes they can


No, actually, they can't.  A unilateral change of any kind alters the terms of the contract, and the customer can exercise their right to reject the new terms and terminate the contract without penalty.

Most customers, of course, do not, as this type of change doesn't really affect them.

Edit: That said, I just got two emails from 2degrees in the last 24 hours.  The first, the "One less thing to do this silly season" entreating me to set up an automatic payment, says that there is a $7.50 late fee added to overdue invoices.  The next, my actual bill, says there is a $5 late fee (both say GST inclusive).  Really, 2degrees?  You can't even keep the story consistent over 24 hours?!?


Presumably the customer breaks the terms of the contract by not paying on time .   Then, you enter into contractual remedies law which has provision for breach of contract damages .  I don't think they even need to say up front how much late payment fees will be as long as they are reasonable.   $7.50 seems reasonable considering the cost of development of the systems required to handle aged debt. 



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  Reply # 937350 19-Nov-2013 15:17
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surfisup1000: Presumably the customer breaks the terms of the contract by not paying on time .   Then, you enter into contractual remedies law which has provision for breach of contract damages .  I don't think they even need to say up front how much late payment fees will be as long as they are reasonable.   $7.50 seems reasonable considering the cost of development of the systems required to handle aged debt. 


Well, no, actually.  Contractual remedies law or no, this is still a modification to the terms of the contract, which invokes the right of refusal.  And yes, they very much do need to say up front what the late payment fee is, or legally they cannot charge it.

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  Reply # 937362 19-Nov-2013 15:33
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mtvessel: Sometimes I may my account late by a couple of days as I am waiting til pay day. Very rarely though.


It's not like they don't give you notice. If you can't budget well enough to pay your known contractual obligations on time, that is your problem. Especially as you are saying your late payment is deliberate. I've only made the mistake once of forgetting to pay a bill. A quick call to the call centre had the fee reversed. They were happy to do so as I was a loyal customer who had otherwise always paid on time.

In your case, you deserve no sympathy. Pay your bills as they are due. How would you like it if your boss decided to pay you a 'few days late' because he was waiting for one of his customers to pay him first?

2degrees are extending you credit. The late payment fee encourages you to pay on time and keeps their business running. If we all just paid for things when we felt like it or it suited us, those who extend us credit pay the price.

Suck it up or pay your bill on time. If you want the convenience of paying a few days late to suit your own cashflow requirements, there is a cost to that convenience (and in this case, it's a pretty low one!)




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