JamesM

Yes. I'd ask them for a recording of the conversation where you confirmed you were signing for 3 years. If they are not able to disclose that- destroy them on the phone for theft! Time to stick it to the man!

AmyDavid

Good luck - we moved from BC to NS and had to break our contract with them - even though NS did not offer their services so we could not use them even if we wanted to - they still made us pay the $10 a month for all remaining months.

They then continued to take money from our account even though we cancelled our direct debit thing with them - it took us nearly 2 years to get them to stop doing it and give us our money back.

Almost Canadian

I'd love to see your legal authority for that. They may choose to do so in an attempt to keep a potential customer but otherwise what you have said is nonsense.

Almost Canadian

To the OP: there was either a contract or there wasn't. If there was, what were its terms? That is the issue. By virtue of the fact that you received a service and, I assume, you paid for the service, it will be a little difficult for you to say that there was no contract. As I said, the issue will be: what were its terms.

I would argue that it is common knowledge that Telus offer 3 year contracts (you may recall that I asked you about this on another thread recently). You may have a different recollection of what was discussed to the one they have. If if went to court it would determined on balance of the evidence. Who knows how that will turn out?

JonboyE

Is the moral of this thread.

jericho

I've been with Telus previously, and cancelled within a few months because Shaw offered me a better deal. On that occasion, there were no consequences.

I agree that there's either a contract or there isnt. There's little point in me arguing on here whether I was or wasnt told- I'll have that debate with Telus.
However, I've found the terms of service on their website and there's no mention of 3yr terms or cancellation penalties/fees or however you want to describe it:
http://telus.com/content/tv/optik/cl...vice-terms.jsp

First of all, I have not been provided with any agreement outlining it's a 3yr term. Second, I now have to go searching for another set of terms on "the service web site"- whatever the hell that means.
Now, I have no experience whatsoever with the court system, but I am quite confident (naively or not) that a judge would laugh Telus out of the courtroom based on the fact that
- I contend I wasnt informed of the 3yr deal
- They cannot prove that I was (although if they provide a recording of the conversation, I'm admittedly on the hook)
- The terms of this so called agreement are inherently confusing, and dare I say, deliberately deceitful.

I'm not trying to be unreasonable. If I've agreed to something, I'll stand by that commitment. I'm even prepared to pay "something" to make this go away- the last thing I want is this item going to collections and messing up my credit score. However, I wont simply bend over and take it if they failed to advise me it was a 3yr deal (which they didnt).

The4BellsLondon

Hm am I imaginging that within BC there is the 30km ryule - if you have a contract and you are moving to over 30km away from the service you can cancel withiut penalty

wats123

I'd say like others, they surely will have to provide a recording of the call as a note on the system can't be evidence? I work in a call centre and granted not the same service we deal with but all our calls are recorded and I think stored for 6 years.

If they have no evidence of the call or no signed contract then what can they do?

mattieuk

I everything you say is accurate, I struggle to see how a judge is going to rule in their favour. If they can't prove a contract exists - they can can't enforce the terms of the contract. Simple as.

I can't imagine Telus would be particularly bothered about sending an expensive lawyer to a small claims court for $300. I vote for show them you're serious, and beat them with their own nitpicking nature.

Canada Networker

I have the same problem Exactly. I have been with them for one year and a half and I am current on my bills.

I was shocked when they told me you are on the hock until 2013 !!! when I want to cancel the service on July 2011!!! I have never been tolled that I have contract for three years. Funny thing, "the manager tolled me once you accepted upgrade to optick TV that mean you agreed 3 years contract." I dont know which language they are speaking.!!!

I tolled the manager if you could find any approve that I have agreed three years contract I will pay double the cancellation fee. He responded in very arrogant way and without respect and he kept repeat like idiot " I can't do any thing for you , you have to pay the cancellation fee". The last thing he agreed to have a look at the case again.

For us as customers, what we can do to protect our self from such unorganized orgaanization ?!

ukcanuck

we moved from BC to Ont last year after being with telus for about 6 months. They told us that we had to pay the cancellation fee but after my wife spoke with a manager at the call centre and explained that we were moving to an area that telsu did not serve they waived the fee.

We then signed back up with telus about five months later after moving back to BC and and had no issues what so ever.

Its worth making a noise for the 300 bucks

jericho

Eventually I got a call from a lady in the escalations team, who was really nice. She agreed to "waive" the cancellation charge as long as I agreed to pay $30 or whatever for the discounted modem.

Monique_in_Canada

I feel the same way about Bell....some guy my hubby worked with had a frail old mum who lived alone...Bell persuaded her to take on a 2 year television contract, 6 months later she died.....when (the guy my hubby knows) called Bell to cancel cos his mum had died, Bell told him there would be a cancellation fee.....i've had no end of issues with Bell...but wont waffle on, consequently I don't use them for anything.....but the verbal contract does seem to be a CDN thing!!!

Aviator

Verbal contracts, if you can prove them are as binding in the UK, Aus, US and Canada and other places.

Almost Canadian

How true. I guess every professor's first question to each new class of law degree "Contract" students each year is: How many of you entered into legally binding contracts today? Very few put their hand up when, of course, anyone that has bought something that day has done so.

Technically, in the common law world, there is no difference between a written or oral contract (with a few exceptions - land for example). The only real difference is proving its terms.