20 Aug 2016

A question about : Can unicom charge me cancellation fees?

I signed a 3 year contract with Unicom for my house phone, but that ended in April this year. I am currently transferring to Sky and Unicom are asking for Ј137 termination fees. They said they automatically renewed my contract in April for another year. I didn't know this. Can they do that? Please can someone help?
title=Frown

Best answers:

  • Just looked up Unicom complaints on internet. I'm quite worried now. Apparently they're notorious for this. I really don't want to pay Ј137 to them, but think it might be easy way out. [TEXT DELETED BY FORUM TEAM]
  • https://forums.moneysavingexpert.com/...ghlight=unicom
  • Whether they can do this to you depends on what YOU agreed - your contract for service is never finite, unless you agreed otherwise, it should simply continue as before, but with no minimum lock-in UNLESS, this formed part of the T&C. OFCOM is clamping down on this, however, if you agreed to it, your rights to get out of it are seriously diminished.
    You appear to say you had a 3 year contract, but they're now saying that as you did not cancel, you now have a minimum term of 12 months, yes? Is this stated in your service contract? If it is, then that will be your ongoing term minimum, but only if this is actually stated (they cannot make this up as they go along).
    Always remember, nobody is ever 'out of contract' they mean they are out of their initial minimum term, and the difference is considerable.
    Check your paperwork (assuming you kept it) and update the thread.
  • You think you've got problems! My husband joined unicom a long time ago. They actually did us a good deal at the time, but when we wanted to cancel the contract they said we could only do it three months off the anniversary date of the contract. (This is in the original paperwork which we unbeliveably stil have!) So once we knew the date the following year we gave them the three months notice and thought everthing was rosy. However, at the time we changed supplier and got a new line installed for them, because we wanted to receive the new supplier straight away, and Unicoms contract did expire for anogther few months. The new supplier was going to offer a much better deal so we paid for the two lines until the old contract line ended then we'd only pay for the new one. Unicom then [TEXT DELETED BY FORUM TEAM] invoices for the old line, every month, continuously persisting we owed them line money because the line was still running. We thought because we'd advised them of terminating the contract this actually meant cancelling the line but they said no. You have to actually tell them to stop the line. So is this bullocks or not? we have just paid them Ј300 odd and are expecting a termination fee for Ј700 due soon because according to them, theoretically we have breached the conditions of our contract!. I am having panic attacks because of this.
  • No - it isn't bollox, you are giving notice of your intention to terminate. This has to be provided within the retiured timeframe to be valid, THEN it is up to you to state that your service is required to terminate on a particular date. If you don't, it carries on. Yes, it is an additional step, but can be avoided ny putting the complete request in writing, so that the notice of termination your provide, and the date of line cessation are advised. If they don't cease, it's just tough luck on them.
    I agree it stinks, but these firms know that very fiew know the tricks and will be hoisted high by their not understanding. By putting it in writing, it proves that you are making the request, and what your wishes are. Doing it by phone, because it is 'easier' is a false economy.
  • I think you hyave got it slightly incorrect. If you read the contract (and I did with a magnifying glass!), and adhere to it, then legally you should be ok. My contract required a three month notice of anniversary date. Nowhere did it ask for a cessation date. It seems like you said Unicom makes it up as it goes along. I have refused to accept that the contract automatically rolls over for another year. [TEXT DELETED BY FORUM TEAM] I have h ad advice from the citizenz advice bureau, and also from consumer direct.
    There is also the ombudsman that is there to protect consumers [TEXT DELETED BY FORUM TEAM]
  • Wondered how Sw1n has got on.
  • No, you misunderstand.
    By referring to an 'Anniversary' date, it is a given that the contract has no fixed term, but will continue regardless UNTIL you request to cease which, to save money, you will do during the 'anniversary' period. If you do not, then the costs are considerably higher as the scheme is designed to ensure customers are retained. There is no requirement for a cessation date to be stated, as this is what YOU do - after providing them with notification of wishing to cancel (as is your right) on or during the 'notice period'.
    Neither did I say Unicom makes it up as they go along, they method they use is tried and tested and is very common for business contracts (less so for consumer, but they are not illegal as the consumer has the right to decline the service under those terms). Your refusal to accept that the contract rolls on would be akin to arguing black is really white - it doesn't matter if you had a (mistaken) belief, but the contract states what you need to do, and any unfamiliarity or confusion will be to your disadvantage. I first came across a contract like this in 1984 (for a Cellnet mobile phone, of all things). Then, I only had a 7 day period in which to notify my intention to go, which didn't affect me as I fully diarised my dates and there was nothing they could do, and this was a rolling commitment, where I had to give 12 months notice of LEAVING during this period.
    Lastly, unfair trading has nothing to do with anything. This is Contract Law, and you had the ultimate control in declining to accept those terms, but if you didn't and the contract is confirmed that argument is over. True, there may be better deals, you may not have known what your true liabilites are and the consequences, but as far as Trading Standards and CAB's are concerned, well-meaning, but otherwise have no real idea as all offer opinions only, and have no basius in Law, Your issue is you are trying to repudiate your contract, and the only way you can do that is under the provisions stated within that contract. To be unfair, it would have to be perverse in some way, but what you describe is established business practice, and as such your opportunity to challenge is limited.
    Of course, you can simply not pay, but then if you've given them the right to report their trading with you to a Credit Reference Bureau, you probably won't be taken to court for the debt, but your file will be trashed for 6 years.
  • It has made me very unhappy reading the above, I am in a similar position, I have just cancelled my business phone line as I have moved out of the office as it is an expense that I can no longer afford, I expected to pay a cancellation fee and have no problem with that however today I got the total which is Ј840.40, with no explanation of the breakdown of this cost I previously had a phone call from them and was informed that I would have to pay a 1/3 of my line rental for the next 20 months, a fee and they would work out my expected call charges for the next 20 months, at this point I informed the person to view my account as I have made very few calls.
    I rang again today as I was shocked by the amount to be told that they had worked out my estimated call charges at 40.00 per month and that this was worked out as this was the higher figure as I havent made many calls, I think this is disgusting but I am guessing there is nothing I can do. I can't afford this bill. They said they would email me the breakdown and contract, so far I haven't received it.
    I have worked out the figures below that I think I owe with 20 months remaining on my contract (and figures divided by 3):
    line rental (Ј32.00): Ј214.00
    Average call charges (Ј40.00): 267.00
    which totals Ј481.00 - so where does the other Ј359.00 comes from????
  • Sorry to hear this... this is simply piling on the agony as I would argue that estimating your usage and attempting to charge for this estimated usage is certainly worth a challenge/fight. They certainly have a right to their line rental and cessation costs, but not what they thought you might have used during that period. That is verging on the perverse.
    To get away with this, they would have to have explained this as a consequence of the contract (and you would have to agreed to it). In which case, your right to challenge is lessened, as to get it removed you would have to take THEM to court to have the condition removed and the bill recalculated. Only you can decide whether this is worth the punt of Ј90 or so raise the action.
    If this was never mentioned in your contract, then they're just trying it on and should be challenged on this basis, in WRITING only.
  • To Buzby, I stil think you have got it wrong. I gave my notice, within the anniversary date time, and Unicom accepted it. Point of fact. I gave , they accepted. No where in the contract does it state I have to ask them to 'disconnect the line'. [TEXT DELETED BY FORUM TEAM] You are wrong when you say the CAB and Consumer direct and Ombudsman are opionion based and not legal. ThaT IS EXACTLY what they are. They are there to PROTECt the comsumer from iillegal traders which is what Unicom ARE. [TEXT DELETED BY FORUM TEAM] i HAVE HAD A GLASS OR TWO OF WINE BUT i STILL kNOW MY RIGHTS.
  • ALso to Busby. You do seem very knowledgeable and by the most I always appreciate good advice. This is a bit of a silly one, but if a contract originally says 'verbally agreed', would this still be deemed as signing thee contract?
  • Yes-a verbal contract is just as valid as a written one. A signature is irrelevant.
    The point about verbal contracts is proving that one exists.
  • This is the the kind person who sent me a PM. I have replied and hope you receive the PM back. Unfortunately, I don't really know if I did this correctly. Obviously if I did, you will get it. You can let me know if you
    didn't and if you tell me how to do it I will. So grateful.(and so excited. Really going to get my teeth into this!)
  • To Pm sender. Just sent another one as you instructed. However, my sent message still indicates no messages sent! Don't understand. If you still haven't received it, let me know.
    Thanks.
  • As macman, says - it is proving it that counts. Now, let's assume they've no way of providing a recording of you agreeing to the service, so you would think you were home and free (and can tell them where to stick their bills). They have a viable work-around. By showing what their T&C's were at the time you supposedly entered into the contract, they can use this to show that it was a 'standard term' agreed to by all their customers. To confirm it (your acceptance of the conditions) they would point to the payments you made earleir, pointing out that an established commercial relationship existed between the parties, and with that - they've got you. If you;ve never paid them, you're in a strongf position to repudiate the contract, but sadly, not otherwise.
    I really sympathise with the situation your find yourself in, but even BT have beenb known to treat Small Business users in this way. a good way out is an IVR, but drastic if it is just for a phone contract. Any pursuit of you will initially be at their cost, and they will only pursue you if they feel there's a good chance they'll wear you down and you'll pay up, pluss all the additional fees they've build up involving debt collectors.... but if you;re made of sterner stuff, you might want to pluff it out, saying you;ll pay for what you've used, plus a token sum for their 'disappointment' of your termination - and if they refuse to accept it, IF it came to court you can show you were being reasonable, and they were not!
  • Well Thank you Busby! I was begining to think you didn't care!
    I've come to learn quite a bit about Unicom, and on the whole they are a good providing company (WHAT? I hear some say!).
    They served my husband's company well very, and actually did us a good deal in the beginning. Its when you try to leave, for whatever reason, do they become impossible, [TEXT DELETED BY FORUM TEAM]
    Now let me tell you about me.
    I am on home hemo dialysis, not very well, and my husband is now retired, had cancer and other health problems.
    I am of a certain age, and lived a bit. Actually, you can possibly guess from my name, I am of Italian origin. My parents, both dead now, came to this country sixty years ago and ran a successful business, in a not so very nice part of London. Fought many battles and won. From them I learnt a lot.
    Let me tell you, I deal with a life threatening illness, every day, and look after my husband and family exceptionally well, despite my health.
    I will fight Unicom with every breath in my body, and believe you me, it takes more than a bunch of lying !!!!!!s to beat me.
    Whatever I do I am like a dog. I wont let go of the bit between my teeth. The money they want from me is staying in my pocket.
    Watch this space.
  • I am in the same boat but much deeper in the water - they want to charge me Ј3480 for taking my 2 business lines away from them. This comprises Ј100 termination fee for each of the 2 lines, then Ј360 for service charges for the remaining term plus Ј1280 being 30% of call charges we would have made during the remaining term! [TEXT DELETED BY FORUM TEAM]
  • I simply can not believe the informations posted in this thread!
    Honestly, people should leave the little companies be, this happens far far too often with the smaller guys. Although mentioned above, you simply wouldn't get this with BT. Imagine advising the press BT had tried to charge you for your estimated usage charges for the remainder of your contract. The company would fall to pieces! It just wouldn't happen!
    Hope you get it sorted guys!
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