REVscene - Vancouver Automotive Forum

iwantaskyline · 02-25-2009, 12:45 AM

I called into ROGERS on the 29th of Jan asking what they can do to keep me as a customer since I was going to move to FIDO. I asked for a BlackBerry Pearl and I also got a cheaper plan. I asked the girl twice if there will be any strings attached, she said NO.

Fast forward to today, I have had my Pearl for about 3 weeks and I called in to ask for my account details and they tell me I'm on contract till 2012. I've called in and spoke to a manager and told them I was NEVER told that I was put on a contract. The response I got was that, with the phone comes a tiny sheet detailing the terms of the contract. I tried to get the contract removed telling them I was still never informed.

Is there any legal action I could possibly do? Since I was never informed of any contract?

Thanks in advance.

iwantaskyline · 02-25-2009, 12:52 AM

I called into ROGERS on the 29th of Jan asking what they can do to keep me as a customer since I was going to move to FIDO. I asked for a BlackBerry Pearl and I also got a cheaper plan. I asked the girl twice if there will be any strings attached, she said NO.

Fast forward to today, I have had my Pearl for about 3 weeks and I called in to ask for my account details and they tell me I'm on contract till 2012. I've called in and spoke to a manager and told them I was NEVER told that I was put on a contract. The response I got was that, with the phone comes a tiny sheet detailing the terms of the contract. I tried to get the contract removed telling them I was still never informed.

Is there any legal action I could possibly do? Since I was never informed of any contract?

Thanks in advance.

Tim Budong · 02-25-2009, 12:53 AM

I've heard this multiple times. The following steps/solutions can be done from your part but the chances are close to 0% in terms of success

Get the name of the person you were dealing with if you remember, and time of the call to pinpoint the transaction. It should say on your contract that you have received in the mail

Rogers has a 30min or 30day policy for returns. I do understand that its WELL past 30min, regardless, fight with the fact you know about the 30day return policy. In regards to what department to speak with, i am not really sure.

In terms of what you can fight with, well..aside from the above, there is nothing much you can do.

What I have seen happen for customers who SPEAK NICELY and have a cooperative attitude(meaning do not be a total ASSHOLE on the phone) is have stuff like call display, unlimited txt and stuff thrown in for free to somewhat make up for the cost of things.

But about getting the contract nullified, good luck.

You can go on hofo and messeage TREATZ in the rogers section and see what he says

jlo mein · 02-25-2009, 01:27 AM

I think it's absolutely bogus how companies like Rogers no longer need signed contracts. Like, if you one day just phone in to ask for billing details, then a month later find out they added a 3 year contract on your account, what kind of recourse do you really have? It's not like you have any evidence of the contract since you didn't agree to it at all.

godwin · 02-25-2009, 01:38 AM

self feigned ignorance is never a good defence

you probably have better luck w/ hofo

http://www.howardforums.com/

impactX · 02-25-2009, 03:07 AM

Did you sign anything?

iwantaskyline · 02-25-2009, 04:08 AM

Quote:

Originally Posted by impactX

Did you sign anything?

nothing

chouchou · 02-25-2009, 05:40 AM

record your call? cuz if you did you'd score big time.
i always record my call when haggling with rogers.. since they have it all recorded as well - but since in this case it'll hurt them by releasing the call.. idk if they will

Mugen EvOlutioN · 02-25-2009, 06:24 AM

holly shit u are hooped big time

3 year contracts is gonna make ur wallet broke

at least $300 dollar + penalty

now did u get the blackberry from fido or rogers??

in order to sign a contract the customer must receive paper work as well as sign the document or else its not legit. As far as my experience and knowledge goes in terms of dealing with Rogers (dealt with them for over 10 years)

so im surprise they didnt tell u u are going to be on a contract for getting an x amount of discount on a certain phone u are getting thru them

CRS · 02-25-2009, 08:08 AM

When you get a hardware upgrade it is an automatic 3 years.

If you didn't know that, you should have done a little research. It is plastered EVERYWHERE.

Soundy · 02-25-2009, 08:33 AM

Er, wait... you did the deal over the phone... then they mailed/shipped you the BB, which the manager says included a sheet with the contract terms... but you never signed anything. That pretty much sum it up?

What they're probably saying, is that your use of the phone constitutes your acceptance of the contract. If you read the included sheet, you'll probably find some words to that effect.

So, look at your statement, or have a rep check your account, and see what the start date of the contract is. If it's the day you talked to the first rep, I'd say you have a pretty strong argument, as you can then claim the contract was initiated without your knowledge or consent.

Now if the statement/account shows the contract started the first day you fired up the phone, you're probably stuck, since in their view, you should have read the included terms, and that by activating the phone, you accepted those terms, and it's not their problem if you didn't bother to read the fine print. If that's the case, your only out is to find someone else to take over the contract.

!Shuya80 · 02-25-2009, 02:29 PM

to OP i can guarentee u that 90% ur stuck with your new contract...ANYTIME you get a better deal on the phone/phone plan it renews ur plan for 3 years. if you talk to em you MIGHT be able to return it but i highly doubt they can reverse the changes now that it's been 3 weeks..you can certainly try to argue to them about it...but it doesn't matter if u didn't sign nething...what you did on the phone counts as a verbal contract...it is the reps fault for not reminding you it's a renewal of your contract so you could mention it...but i highly doubt you'll get anything arguin about it...

Tim Budong · 02-25-2009, 07:09 PM

sadly, this was how fido operated as well for hte past few years, and to this day, you deal with them over the phone, its a verbal agreement

so people dont start bitching about this issue..becuz its the same on TELUS and Bell and all te others in canada

tiger_handheld · 02-25-2009, 08:26 PM

this is why you always confirm everything back with them

"so to make sure i understand, by getting this phone, i'm not extending my contract" correct?

rep: "correct" or "no you are extending it for 3 yrs"

you: "no i dont want to extend my contract" ...

you need to make sure there are no misunderstandings like what you got..

kayceeee · 02-25-2009, 09:04 PM

or just call back like 10 mins after and ask the next rep to see what actually took place with the original call and make sure everything is done the way u think its suppose to be done

Tim Budong · 02-25-2009, 09:14 PM

just dont argue with customer service for a better deal unless you are prepared to take shit from them.

SoulCrusher · 02-25-2009, 09:28 PM

I cant figure this out. You asked for a BB Pearl which you got and you expected them to give it to you for free of charge without extending your contract? If customer service offered you the phone and a cheaper plan, I think their goal was to "keep you as a customer".

They simply weren't going to give you a free phone that normally costs 300$ and let you walk away to fido once your current contract ends.