Unicom/Elitecalls - Imposed contract changes

[ranter]

I have an identical issue with Unicom as CAG member M1JWR (title 90days) March/April 2012. I.e. Unicom imposed their own contract after company merger.

The information I am getting from Ofcom is not quite so clear cut, because 5 months has passed since being advised (identical letter to that quoted by M1JWR) it could be interpreted as acceptance.

 

I can see from the thread that the 2007 Elite Calls contract is valid, and I have persistently advised Unicom to that effect. I have not agreed to accept the changes verbally or in writing.

I cannot see whether M1JWR had a successful result & if so how it was achieved. I should be very grateful for an update if anyone is familiar with the case.

 

My case details are as follows:

The notice period extention brought forward the notification deadline to 7th June. It should actually have been 7th August.

Quite by accident I found out about this on 5th July & immediately emailed 2 months notice to end the contract on expiry in Sept, a week or so later when it became apparent that Unicom were playing dirty I backed it up with a recorded delivery confirmation (to ensure I complied with the Elite Calls T&Cs).

Unicom rolled over the contract until Sept 2013 and are demanding their usual £395 early termination fee.

There is a further reason why Elite ‘wholesale business plan plus’ customers like me should be able to leave the contract:-Elite guaranteed no price increases for the duration of the contract. Unicom has increased the tariff; thereby customers should have been advised of the option to terminate because there had been a change of ‘material detriment’ to the customer. Unicom withheld the opt out information.

However if Ofcom are right I could lose this 2nd argument as well. Its the Ofcom opinion that is is bothering me.

[RMJ]

Hi Ranter

Welcome to CAG

If I were you, I would give the Ombudsman Services a call and ask for their initial advice about the problem with your contract. They are very helpful and will offer you good guidance. This service is free of charge.

0330 440 1614 http://www.ombudsman-services.org/communications.html

The Ombudsman Services can also help with sorting out the problem at a later date if you can’t sort it out with Unicom but they can only become involved after 8 weeks have passed since your first complaint.

As far as I know, the other people on the various threads who were with Elite Calls were released from Unicom penalty free but they had to put up quite a fight.

Good luck.

[ranter]

Hi RMJ

 

Thanks for the reply.

 

I have already spoken to Ofcom & the Ombudsman, & although sympathetic neither expressed any real oppinion as to which way it might go. (perhaps they mustn't) At the moment I am waiting for some form of deadlock or the 8 week deadline (29/08/12)

 

Unicom seem to be delaying this process by offering ridiculous contracts with tight time constraints to just to increase the pressure & blurr the issue at hand.

 

I've already told them I want a deadlock letter, perhaps that was a mistake? In the mean time when I am chasing for this I will repeat my arguements in stronger terms to see if they back down.

 

Unless anybody advises against it I plan to cancel the DD at the end of August & pay the final month by chq or bacs so they can't take the termination fee.

 

Thanks again

[ranter]

Unicom backed down in only 2 weeks - ** Excellent Result**

 

Just an update for all those Elitecalls customers wrestling with Unicom. I'll keep it brief the arguements I used are listed as follows:

 

· In law my contract is with Elite Calls.

· I have not entered into a verbal or signed agreement with Unicom.

· The Elite Calls terms & conditions are valid.

· I have complied with Elite Calls’ requirement to give 1 month’s written notice sent by recorded delivery (clause 20.1).

· General Condition 9.3 states that customers must also be informed that they are entitled to terminate their contract without penalty if the change is not acceptable to them. Unicom withheld this information.

· The Elite Calls contract (clause 15.3) guaranteed no price increases during the minimum period of 60 months.

· Unicom breached this by putting up the tariff.

· Unicom therefore owes me a refund in respect of the increase.

· Unicom’s renewal of my contract is invalid.

 

· Unicom’s termination fee is void.

• In addition "Ofcom require providers ro move all residential & small business customers currently on rollover contracts to alternative deals, and to completely remove rollover contracts from the market by 31 December 2012".
  

I hope the above will help anyone else with the same issue.

[RMJ]

Good result - Well done. Thanks for leaving update.

It makes it much easier for anybody facing the same situation to follow and fight back.