Contract help

[Arim77]

Hi guys

 

 

I recently took out a contract with a company called Office Response, it's a virtual office telephone service. When I spoke with the sales lady she advised I could upgrade or downgrade the service at any point, however, she suggested starting me on 100 calls per month for £112, not knowing how many calls they would answer for me I agreed - I was comforted by the fact they would downgrade the services to to meet my requirements.

 

I received two bills from them with no delayed start date having asked to delay it by 1 month, I emailed the customer service department and after a couple of email back and forth I asked to be downgraded to the minimum package and this way they get to invoice me and I don't get charged for a service I'm not using and the also credited my account for the first month.

 

This month I received a 3rd invoice at the 100 calls per month, I resent the email agreeing the downgrade and I received this response back.

 

 

"Dear,

Following on from our correspondence this week, I can confirm that our minimum tariff does not appear in our terms and conditions.

 

As previously explained, it has become necessary for Office Response to review our pricing structure across the board. It is therefore not commercially viable for us to offer call handling services for anything less than £100 Monthly Facility Fee. Your argument that our sales person advised you in August that we could offer a lower priced service holds no relevance in this matter - our costs as a business have since changed due to a underlying increase in staffing, telephony and ongoing training and development and no contractual agreements have been made with you with regards to minimum charges.

 

With reference to your comment about reporting us to the FSB I must advise that we also reserve the right to report your company to the relevant body as you are continuously trying to renege on your contractual obligations with Office Response. We feel that other service providers should be warned of this matter.

We have made our position clear on the matter and will not be entering into any further discussion on the matter."

Now, I have a second company with a different number so I called office response to enquire about the services and was told the same as when I signed up " I can upgrade and downgrade at any point" I was given a pricing structure of £65 for 30 calls and £85 for 60 calls.

 

I really need some help on this as to what the pricing structure this company sets and why I'm being charge and told it's £100 minimum per month. What is the legally stance on this as I want out of this company and to ensure no-one else is being mis-sold a contract like mine.

 

Thanks in advance for your help.

 

Regards

[chesham]

I have to say, they are really disgraceful! However, their e-mail sounds like they know that people will complain and have a response already written out to send.

 

What you could do is not be sneaky, but to collect some evidence for you to take it further.

 

If you have the means to do so, record a telephone conversation with them. Advise them at the beginning that all calls are recorded for security and training purposes (for your business). Then begin and enquire, as you have done before, making sure you capture the part where they say you can upgrade or downgrade the package. After you have all the facts (remember - you may only have one chance at getting the evidence), advise them (politely) that you already have a contract with them, and have been told that you cannot upgrade or downgrade, and see what it is that they say.

 

If you have this, then you have a very good chance of having the contract voided, as they would be breaching it, and probably a good case of misrepresentation, as they have provided false information in order for you to enter into a contract with them - any judge would almost certainly order the contract to be voided.

 

Given their threats, and that the e-mails have become heated, I would suggest that the above information would be sufficient enough to prevent you from having further contact and antagonising the situation.

 

Could you consult a solicitor? Gather the above information, and then get in touch with one, as it involves contract law between two vendors, and could get quite complicated. I don't think it would be as simple as the above sounds, due to the numerous terms and conditions which are set out in most contracts, which are designed to be complex and confusing in my opinion!

[Arim77]

Hi Chesham,

 

Thanks for the reply.

 

I have any email advising me I can upgrade and downgrade - would I be able to use this? I'm concerned they will not enter into conversation if I state it's being recorded. I will give it a go however.

 

Here go's

[chesham]

If you have an e-mail which they confirm it can be upgraded and downgraded, there is no harm is asking them to explain the e-mail which you have received, but it may certainly suffice as evidence.

 

Also, if you are going to call them and record it, you could first of all lull them into a sense of security and joke about it, and say that due to security reasons, all calls from your phone are recorded and that you need to advise them in the first instance of this. They'll probably go, "Uh ok, sure" and then continue...

[MARTIN3030]

Yes agree with Chesham.

This little trick very often works.

[Arim77]

You will not believe this!!!!

 

Dear,

 

We are aware that you placed a call to our sales line this morning enquiring about the tariff that you have set up on your 'second line'. We have checked our records and note that you do not have a second line.

 

We are now in a position where we feel that that we have no alternative but to take action in accordance with our terms and conditions of service. Office Response is, with immediate effect, exercising the right to terminate this Agreement.This action is being taken with reference to term 7 clause a. Please be aware that we are levying the agreed three calendar month's notice period and will provide telephone answering services during this period as agreed. Therefore, your current agreement with Office Response will terminate on 28th February 2007 and as such you will be invoiced as normal until your termination date.

 

A letter confirming the above has been posted out for your attention.

 

Our intentions have been made clear on several occasions with regards the matter of your agreed tariff. However, your recent actions have led us to decide that our business relationship is no longer tenable

 

I just can't believe a company operate in this way and really want to take this further...legal if need be.

 

Any advice on the next step?

 

Thanks again.

[chesham]

They don't like being found out, do they? However, I doubt if you would have been able to cancel your agreement or get out of it - they've done you a favour now.

 

I hope you can obtain services from a company who treat you better though?

 

If you were to have taken legal action before today, the only remedy would have been to cancel the contract - which they have done, so regardless of what they have done, you have suffered no 'loss' or 'damage' so I don't think you have a leg to stand on, to be frank, when it comes to taken legal action against them.

 

I don't know what to suggest apart from venting some anger in a [nicely worded] letter to them.

 

Maybe someone else has some other advice? I know there are a few other companies which offer this service -hopefully not some two-bit rubbish service like the one you unfortunately got stuck with!

[Arim77]

Cheers Chesham - It just hacks me off the fact they offer the same service for less and then give a cock and bull story of they can't run the business for less than £100.

 

Anyway, I'm going to do just as you say and vent my anger in a letter and maybe the press - Sunday express love this kind of stuff!

 

Cheers again

[chesham]

It's absoute bollocks, but this is the nature of companies who are like this - set up purely to make profit, and will do anything to make it as well!

 

Still, at least if you go looking for another company, you know what you need to get first of all in case they also turn out to be a shambles too.

 

Good luck, and you're welcome!