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  Reply # 1612122 15-Aug-2016 19:05
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dejadeadnz:

thecatsgoolies: A contract has a start date and an end date this is not rocket science


 


It's not rocket science but contracts are also subject to common law presumptions and other relevant statutes of Parliament. You don't have a problem with a company demanding an extra $290 after getting every single dollar that they would have been entitled to get under the contract (hint: next time read the whole thread carefully before commenting with sarcastic one-liners)? If that's so, good for you.


 


 



Then take it to a court that looks after Law related issues but if a contract is for 24 months then it's 24 months not 23 months and 2 weeks



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  Reply # 1612123 15-Aug-2016 19:06
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thecatsgoolies: A contract has a start date and an end date this is not rocket science

Fees are clear if contract is broken before the end date of the contract


Please read my earlier posts there is no financial loss to 2D, the contract is fully paid. We are just talking about 14 days about to be 13 days that's all. She had also offered to pay an additional $100 over her final months payment which 2D refused.




Mike
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The views stated in my posts are my personal views and not that of any other organisation.

 

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The great divide is the lies from both sides.

 

 


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  Reply # 1612126 15-Aug-2016 19:10
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MikeB4:
thecatsgoolies: A contract has a start date and an end date this is not rocket science

Fees are clear if contract is broken before the end date of the contract


Please read my earlier posts there is no financial loss to 2D, the contract is fully paid. We are just talking about 14 days about to be 13 days that's all. She had also offered to pay an additional $100 over her final months payment which 2D refused.


I don't blame 2D in this case if someone had signed a contract for 24 months and then went home and had zero mobile coverage then I could understand the contract would be pointless with no service

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  Reply # 1612144 15-Aug-2016 19:23
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Thecatsgoolies: Contracts exist to regulate commercial dealings so that risks and benefits are allocated in a commercially realistic and sensible way. They don't exist so that companies (or anybody) can go around getting a better financial deal than they can otherwise expect to get in the ordinary course of events. No matter how many times you assert by way of one-liners that they are in the right in this case, 2Degrees simply isn't.

 

The funny thing is that if MikeB4's wife takes it to the Disputes Tribunal, she will certainly win. If you think it is good customer service and decent corporate behaviour to force people to resort to litigation to get a commonsensical outcome, I despair for this world that people like you exist.

 

 

 

 

 

 

 

 


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  Reply # 1612168 15-Aug-2016 19:40
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Disputes Tribunal Claims Information

 

MikeB4: Personally, I very strongly feel that your wife has been mucked about enough and 2Degrees' behaviour is thoroughly unreasonable and unconscionable. If I were in your position, in an effort to make them see some sense and to escalate this dispute to somebody who has some appreciation of the legal and corporate reputational risks involved in continuing on their current course, I would draft a claim form to the DT and send it to them. Advise them that unless they start behaving reasonably, you'll file a DT claim to seek a declaration that the ETC fee of $290 is an unenforceable penalty and that you are not liable to pay.

 

If you guys are minded to take this course (and I think you should rather than let them frustrate you into just conceding), feel free to PM me and I will happily provide my e-mail and assist with putting together the claim. Your wife (if it goes that far) will have to appear at the DT and speak for herself but once she has a detailed written claim she will have everything she needs to help her present her case.

 

 

 

Edit: You can also try making a complaint to the Telecommunication Disputes Resolution scheme first. But I suspect they will take a narrow interpretation of their jurisdiction and state that this is a dispute over pricing, which they cannot consider under the scheme.

 

 

 

 




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  Reply # 1612172 15-Aug-2016 19:51
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thecatsgoolies:
MikeB4:
thecatsgoolies: A contract has a start date and an end date this is not rocket science

Fees are clear if contract is broken before the end date of the contract


Please read my earlier posts there is no financial loss to 2D, the contract is fully paid. We are just talking about 14 days about to be 13 days that's all. She had also offered to pay an additional $100 over her final months payment which 2D refused.


I don't blame 2D in this case if someone had signed a contract for 24 months and then went home and had zero mobile coverage then I could understand the contract would be pointless with no service

 

 

 

Can you explain to me what the loss is to 2D with the 14 day early termination when the contract has been paid in full and an offer of an amount to cover cost has been made.





Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

 Mac user, Windows curser, Chrome OS desired.

 

The great divide is the lies from both sides.

 

 


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  Reply # 1612173 15-Aug-2016 19:52
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In fact, looking at this position statement, the TDR will not have jurisdiction to hear your wife's dispute. But that doesn't make 2Degrees' stance correct or enforceable at the Disputes Tribunal.




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  Reply # 1612174 15-Aug-2016 19:53
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dejadeadnz:

 

Disputes Tribunal Claims Information

 

MikeB4: Personally, I very strongly feel that your wife has been mucked about enough and 2Degrees' behaviour is thoroughly unreasonable and unconscionable. If I were in your position, in an effort to make them see some sense and to escalate this dispute to somebody who has some appreciation of the legal and corporate reputational risks involved in continuing on their current course, I would draft a claim form to the DT and send it to them. Advise them that unless they start behaving reasonably, you'll file a DT claim to seek a declaration that the ETC fee of $290 is an unenforceable penalty and that you are not liable to pay.

 

If you guys are minded to take this course (and I think you should rather than let them frustrate you into just conceding), feel free to PM me and I will happily provide my e-mail and assist with putting together the claim. Your wife (if it goes that far) will have to appear at the DT and speak for herself but once she has a detailed written claim she will have everything she needs to help her present her case.

 

 

 

Edit: You can also try making a complaint to the Telecommunication Disputes Resolution scheme first. But I suggest they will take a narrow interpretation of their jurisdiction and state that this is a dispute over pricing, which they cannot consider under the scheme.

 

 

 

 

 

 

We are giving them a few more days to be reasonable but we will have to move before the weekend because of her departure to China on business. 





Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

 Mac user, Windows curser, Chrome OS desired.

 

The great divide is the lies from both sides.

 

 


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  Reply # 1612179 15-Aug-2016 19:59
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As I said earlier, definitely happy to help (free of any conditions, of course) if that can be of use. Should only take me 15 to 20 mins max. I continue to shake my head at how this nonsense can be taken so far by this company.

 

 

 

 


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  Reply # 1612216 15-Aug-2016 21:38
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MikeB4:

 

thecatsgoolies:
MikeB4:
thecatsgoolies: A contract has a start date and an end date this is not rocket science

Fees are clear if contract is broken before the end date of the contract


Please read my earlier posts there is no financial loss to 2D, the contract is fully paid. We are just talking about 14 days about to be 13 days that's all. She had also offered to pay an additional $100 over her final months payment which 2D refused.


I don't blame 2D in this case if someone had signed a contract for 24 months and then went home and had zero mobile coverage then I could understand the contract would be pointless with no service

 

 

 

Can you explain to me what the loss is to 2D with the 14 day early termination when the contract has been paid in full and an offer of an amount to cover cost has been made.

 

 

That would be a profit actually, paid contract off in full before contract final payment due = Interest. Minimal off course but it's the principle. 


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  Reply # 1612244 15-Aug-2016 22:46
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Another idea. Get a 2degrees pre-pay connection and then request the numbers get swapped.




Chorus has spent $1.4 billion on making their xDSL broadband network faster. If your still stuck on ADSL or VDSL, why not spend from $150 on a master filter install to make sure you are getting the most out of your connection?
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  Reply # 1612251 15-Aug-2016 23:00
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Bet at least some of this is due to an overly rigid billing system, that can't easily be overridden for edge cases like this.






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  Reply # 1612253 15-Aug-2016 23:13
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Thats what I partially intimated earlier. 24 months, if you stay the 24 months or pay the 24 months who cares. But I feel very few would ask to leave early and pay up the difference, so that doesnt enter anyones mind, it becomes a TIME thing. blinkers on, thats what the company manual says. I would have thought that any CSR who was told, I will pay ALL the contract period money, he/she would think, well obviously thats like staying for the full period anyway, check manager, done.

 

How much of this is bad practice, or poorly thought out T+C's?  


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  Reply # 1612256 16-Aug-2016 00:01
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Wouldn't telcos factor in an average monthly additional spend into their pricing? In other words, they offer a plan at X price on the basis that they will get on average an extra $X per month per user in overage charges. If that's the case, it's not just as simple as paying out the remainder of contract. Just a thought, I could be way off : P

I think what you're trying to achieve is fair : )

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  Reply # 1612275 16-Aug-2016 02:18
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Rikkitic:

 

What always mystifies me about issues like this is why companies insist on shooting themselves in the foot by doggedly clinging to legal technicalities as their image and public goodwill go down the gurgler.

 

 

It is surprising how often Geekzone complaints or advisories are germane to some decision I'm investigating.

 

In this case, I was close to moving my family to 2Degrees for a similar shared plan. Now I feel like I've dodged a bullet.


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