jericho

I switched TV/Internet/Phone providers to Telus in March, and have no complaints whatsoever about the service so far.

However, I've recently been offered a job, and accepted, in Nova Scotia, so we're moving next month.

I called Telus today to give them notice of my intent to cancel services with them and was somewhat shocked to hear that I'm apparently in a 3yr agreement with them. In order to cancel, it's $10 for every remaining month of the "agreement".... so over $300.

I know categorically I did not sign any contract, and to be honest, I dont even think they mentioned anything about it being a 3yr term (if they did, I wouldnt have accepted. I've switched from Shaw to Telus to Shaw on a number of occasions). Apparently, the "notes on their system" say I was told it was a 3yr agreement, so I gave a verbal (and binding) agreement.

There was no letter outlining this so called agreement, and nothing mentioned anywhere to say it was $10 a month for every remaining month. WHen I pointed this out, I was told Telus' terms and conditions are provided on their website.

Apparently, the monthly bill also says it's 3 yrs. I've had a look, and it does say 3 years. However, you would almost need a degree to understand the bloody thing- the bill is 5 pages in total, and the number of credits, discounts, rebates, etc is mind boggling. Nevertheless, simply pointing to the bill as evidence that I agreed to the 3yr term doesnt hold any water.

So, any suggestions? There's no way I'm paying $300 to cancel with them. I've asked for a manager to call me back tomorrow, and would rather deal with this amicably, but this is completely unreasonable.
In order for them to stand by this "we told you it was 3 yrs" nonsense, dont they have to provide proof? ... which they cannot, because they didnt tell me.

Arent there laws around contract certainty?

Novocastrian

I think you should cross reference this post with the Corruption in Canada thread.

happy hatter

Cant you take the package with you?

HH

Dorothy

I had a similar problem with TDCanada Trust over service fees to put a stop payment on a cheque. I told them they needed to provide me with a recording of our conversation where they told me about the fees or they could sue me for the $25. The did provide a recording of the conversation, but the TD person never told me about a fee so they waived it. I would tell Telus the same. They routinely record their sales calls for coaching purposes so tell them you want a copy of the recording where you agreed.

Flossie and Jim

A work colleague recently moved across the City. They were with Telus on the 3 year contract but when they asked to transfer the package they were told that Telus did not service high speed broadband in that area and they managed to get out of contract without paying any cancellation fees as a result. I'm guessing Telus may not be available where you are going - perhaps use this angle instead to get out of the contract?

scribe123

Not sure how things "work" in Canada, but I accepted a 12 month contract for services with Virgin Media, and was sent nothing to sign.

Like other posters have said, if you really don't want their services, ask for a recording of the sales call as that will give you a better understanding of your position.

If you don't mind using them, ask if you can transfer. Even then, if they can't give you the same level of service at your new location, then they can't honour their own contract and that probably gives you a way out.

Chris

sharkus

Three years for cellphone contracts seems to be the norm here. As does what I think is a very evil PAYG system, especially when compared to how the system works in the UK.

Pretty sure if you do it online there will be an "agree" button, which is taken to be a legally binding contract.

There was a story on CBC Marketplace about large cell phone bills and one woman had to leave Canada and return to the US (relationship ended and visa no longer valid, so immigration told her she had to go). She phoned Rogers to explain this situation, something that was really out of her control and exceptional, and they essentially said "Tough, you're in year one of a three year contract, that'll be $300 please".

When the iPhone 3GS was released I wanted to upgrade to one. Alas I'd upgraded earlier in the year and had to agree to a new contract, and so I was very early in my new one. There was no real upgrade to the iPhone from any other device on Rogers. I was basically told, even though I'd been with Rogers since 2003, that I'd need to cancel my current contract, pay the termination fee of $300, and purchase the phone and a new contract.

AT&T in the US had a decent policy whereby for, I think, $50, they would upgrade you and just modify your contract. No need to cancel and incur a termination fee. No bother about being at the start of a new contract.

The only reason I'm still with Rogers is that I want to see if the iPhone 4S will be offered at a decent price to loyal customers.

jericho

I asked about transferring it to NS, but they dont service that area.
Will ask them today for a recording of the conversation....

Tangram

If they don't service that area then surely it's not your fault, therefore it's them cancelling in essence.

Aviator

Three year agreements offer certain benefits over no fixed term, such as pricing and product incentives. If you have taken advantage of this then it could be deemed as implied acceptance. Had you refused and in insisted on paying full price or they did not given you any of the term promo offers that they were supposed to you may have a case.

You say they cannot provide proof, can you provide proof they did not tell you?

Moving to an area a company does not service is no reason to be able to cancel an agreement without penalty. One poster says it is not your fault they don't service the area, which it is not, however it is not the providers fault you are moving to an area they don't service either.

For $300, suck it up.

Tangram

Well you put me in me place.

jericho

They actually solicited me, regarding a particular promotion (ie/ $15 for each service). It was half of what I was paying with Shaw, so I accepted. I can only reiterate that a) I wasnt told about the three yr term, and b) if I had, I wouldnt have accepted. Now I accept that it's my word against theirs, but unfortunately that's the reality of the situation.

To your other comments, of course I cannot provide proof that I wasnt told. I dont typically record my telephone calls. However, the burden of proof isnt really on me.

JamesM

Spot on.

If the services aren't available where you are moving too you can break the contract.

Rogers told me this when I told them I would never sign for 3 years because I don't know where I'll be the day after tomorrow.

Other than that I would take a look at what you have signed.

jericho

I didnt sign anything, this is my point. They're hanging on to a note in their records that I was told it was a 3yr agreement.
Anyways, I'll be speaking to them today...

Little D

Same thing happened to us when we moved from Okotoks to Calgary. They couldn't provide us with the service we had in Okotoks, and could only provide it if we had the TV package too (a serious case of upselling!!). It took a couple of letters, cc-ing in the Telus President, then all of a sudden we received a statement with a zero balance.... no acknowledgement of our complaint, but at least they saw sense and cancelled the charges!

As a consequence, I would NEVER use Telus again! Their customer service sucks!!