elite calls - 90 Days to cancel?

[M1JWR]

Hi

I was one of those poor unfortunates that got a 5 year contract with elite calls

 

On the 21st of may this year that ends, in november elite calls were taken over by a company called unicom.

 

I wish to jump ship, i thought plenty of time for a 30 day notice given in my original contract, in what became a heated argument unicom have stated their rules state

a 90 day notice, they have changed my original contract without me ever agreeing to it So as you all would imagine i have hit a brick wall.

 

I have never read their terms and conditions and dont know even where to find them.

 

Is there any way i can get rid of them or do i have to wait until next febuary and by that time they will change it to 120 days to stuff us all yet again, looks like out of the

frying pan and into the fire.

advise would be welcome

[RMJ]

Hi

There are many more having the same problem as you and a lot of help and advice can be found on these links

http://www.reviewcentre.com/reviews140628.html

http://forums.moneysavingexpert.com/search.php?searchid=124033781

 

I have just spoken to a Company Law Lawyer about this and his words were "tell them to get stuffed"

 

Your contract is with Elite and presumably you have had a letter from Unicom notifying you of the take over and that your Terms & Conditions remain the same. The contract was assigned by Elite and provided you have not make a verbal or signed agreement with Unicom the Elite Ts & Cs are valid. "End of story"

 

Write to them or email (do not enter into telephone conversations with them) telling them that you have given them the required 30 days notice as per your Elite contract and you do not accept Unicom Ts & Ts as you have no agreement with them.

 

You will need to pester them for confirmation of your termination as they have a reputation of not responding to complaints.

If the problem is not resolved within say 21 days of your letter, you can write again asking for a deadlock letter and inform them that you intend to involve the ombudsman Otelo and Ofcom.

 

If they do not send you a deadlock letter, you will have to wait 8 weeks from when you first complained to involve them.

A call to Otelo 0330 440 1614 would be beneficial for initial advice.

 

Ofcom banned the sale of new rolling contracts as of Dec 2011 and existing rolling contracts have to be phased out by Dec 2012 so Unicom are trying to rake in as much as they can in rolling contract termination fees while they still can.

 

Do not be bullied by them - you are in the right and they are in the wrong. If you need anything else just ask.

Good luck.

 

Couple more things I should have mentioned

 

Write to them so that they receive your notice to terminate your contract well before 21 April and include the words 'in addition, please cancel my line rental'.

It is a loophole they have found to try and retain customers.

 

Don't forget to cancel your direct debit until the matter is resolved.

 

Unicom can reinstate direct debits so make sure you advise your bank not to allow this to happen.

[M1JWR]

The letter goes like this, it says the rules and regs are to their benifit

 

We are writing to inform you of a change in your telecommunication services. On 01 November 2010 Unicom purchased EliteCalls and has since been providing your services under the EliteCalls brand. Your existing telecommunication services have already been transferred to our network. Unicom currently supplies communication services to 90,000 small businesses and has a reputation for providing a high quality of service to its customers. Further information about Unicom can be found at Since February 2012 you have been billed and serviced by Unicom. This is great news as you will benefit from the following:

• One Unicom bill for all your services
  
• Friendly, award winning, UK based customer services - no automated messages
  
• Customer service calls answered within 6 seconds
  
• Significant discounts on both line rental and calls
  
• Per second billing
  
• No premium rate technical support numbers
  

All of your future invoices will now be sent from Unicom. Please note that your Direct Debit will also be changed with your bank to state Universal Utilities or Unicom and no longer EliteCalls. Any cheque payments made in future should be made payable to �Unicom�.

This change will involve an update to your current telecoms rate schedule to Unicom�s special discounted rates for large users. All your UK Landline calls will be charged at 1.8 pence per minute and you will be charged 15% less than BT�s standard business tariff for your line rental. Please find enclosed a copy of your new telecoms rate schedule.

We are pleased to confirm that these changes represent an update to your existing agreement with EliteCalls under clause 3.2 and 9.6. Your existing agreement(s) will continue and there is no need for you to enter into a new agreement with Unicom. As part of the migration your contractual terms and conditions will be updated to those viewable on the Unicom website

[RMJ]

The letter you have received from Unicom clearly states 'Your existing agreement(s) will continue and there is no need for you to enter into a new agreement with Unicom.'

Quote this to them in your letter.

 

However, lets just say then that IF Unicom have changed your Ts and Cs there are certain Ofcom rules they must follow:-

Under General Condition 9.3, communications providers must provide customers for whom a change is likely to be of material detriment with one month’s notice of the change.

Customers must also be informed that they are entitled to terminate their contract without penalty if the change is not acceptable to them.

http://consumers.ofcom.org.uk/2011/01/can-a-telecoms-provider-change-the-terms-of-your-contract/

Were you informed that you were entitled to terminate your contract without penalty? No - of course not!

In addition, Ofcom have ruled that the provider (Unicom) is required to send a reminder not more than one month prior to the date that termination is due to to give the customer the opportunity of giving termination if they so wish. Did you receive a reminder from Unicom? No of course not!

I can't find the link but I'll try to find it and get back to you.

Just out of curiosity, what do clauses 3.2 and 9.6 say?

 

 

[M1JWR]

3.2 Unicom may vary its Rate Schedule in accordance with clause 9.6, but subject to the Customer’s right to terminate referred to at clause 8.1(d).

9.6 Unicom may change the terms and conditions of this Agreement upon giving 14 days notice

8.1(d) until in the event that changes in the Rate Schedule in any one calendar year increase the average Usage Charges by more than a cumulative total of 10 per cent over the increase in the Retail Price Index, and the Customer has given notice to terminate within

14 days of the date of the notice of variation.

 

 

Thanks for all your help, they told me that if i wanted to terminate now it would cost me £250, chargeable to may 2013, i told them i diddent understand that because the year may 2012 to 2013 hasent even started yet, sorry for the big print.

[RMJ]

Ah - but these are Unicom's terms & conditions NOT your Elite Ts & Cs so have nothing to do with you

 

Go back to what my lawyer friend said this morning and tell them to get s*****d

 

Here is the link I mentioned earlier http://consumers.ofcom.org.uk/2009/08/additional-charges/

 

If youwant help wrtiting a letter to them let me know and I will try to send you a private message via this forum.

I have had personal bad experience with this dreadful company and I hate what they are doing.

[M1JWR]

Ahh yes this bit

Also check how much notice you will need to give your provider before you cancel your service. This should never be longer than 30 days.

 

Why oh why are they on about 90 days, oh yes to trip up the unsuspecting general public to screw them for another year

I may take you up on that offer, as i aint the brightest in that department

[RMJ]

Every telephone company has different terms and conditions and Unicom's conditions are that customers must give 90 days notice to terminate. It suits Unicom to try and put on you a 90 day notice termination because if your contract ends on 21st May, they would have required you to give notice from the 21st February. As that date has now passed they can try to charge you a termination fee as you did not give them the 90 days notice.

 

As you can see, Unicom are not complying with Unicom recommendations.

 

Elite only require 30 days notice and as your contract is with Elite, you are abiding with the Elite terms and conditions and are giving 30 days notice

Now that I know I can send you a private message it is no problem for me to put a few paragraphs together for you.

 

 

[M1JWR]

many, many thanks

[RMJ]

No problem - I will get back to you in a day or two

[RMJ]

Hello again

Would you check your inbox on this forum as I have asked for a couple of details.

Thanks

[M1JWR]

Does pm work from my end as i have tried to send one, but need 15 posts for it to work, anyway have found this off another site, part of elite t&c's

 

20.1 This contract may be terminated in writing by either you or us for convenience by giving notice within 30 days of the end of minimum period or any renewal period.

[M1JWR]

Nothing hs been sent in writing

many thanks