Breaking a contract. - Page 2 - Canadian TV, Computing and Home Theatre Forums
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post #16 of 23 (permalink) Old 2010-08-23, 01:24 PM
Join Date: Mar 2006
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For the same reason a company cannot break a contract to raise its prices, a consumer cannot break a contract to save money.
Yes they can and do raise prices, or least change fees inside a contract. Including rogers.

I am in a 3 year family plan (two phones )with Rogers, 2 years in. I have no data plan for these phones. I never signed a physical contract, but agreed over the phone to the terms which I understand is the equivalent.

When I "accepted" the terms of my service included was free incoming text messaging. Mid 2009, I received notice from Rogers that incoming text were no longer going to be free for my plan. That constituted a change to my plan.

I challenged Rogers, and they stated that they were allowed to change the rates as needed within the clause of the contract. Since I never saw a physical contract (and didn't want to be bored having them read it to me over the phone), I ended the call.

Afterwards, I received my bill and on the back of one the pages (likely the first) by reading the TOS, I realized that they had indeed changed the contract. I called them on it, and they stated it was past the 30 days since the notice was delivered and as such I had agreed to the change, even though I called them to complain about it within the 30 day period (doesn't count - you have to inform them in writing).

They did offer to add some sort of free text messaging to my account but that was going to reset my "contract" date. At that point I had already decided that they were going to loose me as a customer as soon as I could get out cheaply so I didn't accept.

Under the TOS, if they make a second change, you should be able to get out immediately with no ETF.

What bothered me the most is that previously I had called to complain that they were not applying a bundling discount in the manner in which they had verbally promised when I started the contract. When I finally got them to correct the issue (2 months later), I found out later that they had arbitrarily (without informing me) reset my contract date to the date of the correction (even though they were in the wrong).

However they explicitly told me that bundling discounts are never a part of any contract. As such they should not have changed my contract date, especially since they didn't inform me of the change, verbally or written.

So in answer to the 2 questions in the OP:
1) No I never used this clause successfully. (my only vindication will be that Rogers will be loosing a 15 year wireless customer next year).
2) If you don't have a data plan, then yes chances are that a change was made to your plan last year (no free incomeing texts). As you stated however, you would be past the 30 day period. However, any additional change you find should allow termination immediately.

How to port a number while still with a contract within a contract with another carrier is a completely different issue.

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post #17 of 23 (permalink) Old 2011-01-08, 03:24 PM
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I desperatly need to get out of my Rogers contract

Our 15% better choices bundle just ended without notice, we cancelled cable and internet back in May, the promotion stayed in place for the two cellphones left on the plan until November of this year. Why November? - I'm not sure. We enjoyed the discount from May to October, then it was removed, without notice. This increased my monthly fee by about $15. I lost my job in August and have tried to find ways to decrease my monthly payment without penalty but it's just not possible. I've explained the situation to Rogers and there's nothing they will do to make the loss of my job easier where the cellphone expense is concerned. Can I use the loss of the bundling discount without notice as reason to cancel the contract? Failing that I feel like I should either resort to loyalty and retention department or pay the fee and get out Anyone have any suggestions?
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post #18 of 23 (permalink) Old 2011-01-08, 03:44 PM
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Can I use the loss of the bundling discount without notice as reason to cancel the contract?
I don't see how. You canceled the bundle. Unfortunately, I believe you will have to pay $20 per month to get out of your contract.
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post #19 of 23 (permalink) Old 2011-01-08, 03:52 PM
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I'd just consider myself lucky that they're not trying to charge you for the improperly applied discount. Your only hope at this point is to try and switch to a cheaper plan. Retentions can't really help because that department is for people leaving their service and you're under contract.
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post #20 of 23 (permalink) Old 2011-01-08, 05:43 PM
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I didn't cancel the bundle, Rogers did once the services were reduced to only two cellphones - there is no bundle discount for only two services.
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post #21 of 23 (permalink) Old 2011-01-08, 06:00 PM
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I get what you're saying but I don't know that it was improper perse. When we had 2+ services with Rogers for 3+ years they automatically apply the discount. Who in their right mind would ask that it be removed? About 2 years into that agreement my Mom passed away, my Dad had no choice but to sell his home, cancelling his internet and cable services, the account remained active due to our cellphones and I'm guessing they let the discount ride out for the remainder of the original 3 year agreement for all other services ... idk, to be honest my Mom handled all that. Sure, I'm thankful for the discount, I didn't come here to discuss the morality of the subject ... I'm still unemployed and can't afford my cellphone bill ... when I signed the contract I could - I didn't plan on my Moms passing, my Dad moving, my search and expense for my own shelter or my job loss ... Anyhow, retentions department offered me $10 / mo discount. Super. I think I'll bite the $470+13% fee to get out, it's not a lot more than buying my Blackberry Bold outright and getting unlimited no contract service for $40 a month from Wind Mobile.

It's unfortunate that the best deal Canadians can seem to get from service providers is when they sign a contract ... life doesn't come in 3 year contracts so I guess my only option is to stop signing them and pay the premium ... or move to Europe or the US where you don't get screwed (as bad) for service.

Last edited by TorontoColin; 2011-01-08 at 06:04 PM. Reason: language
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post #22 of 23 (permalink) Old 2011-01-08, 06:08 PM
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I didn't mean to imply that you were at fault for that, or that you should be charged for it. The bundle not being removed was Rogers' fault, but it should have been removed as soon as the other services were cancelled, and it wouldn't surprise me from Rogers (or any telecom in Canada) if they tried to retroactively charge you.
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post #23 of 23 (permalink) Old 2011-01-08, 06:13 PM
Join Date: Jan 2011
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I know I read someones story on a forum board about that Seems unfair since they auto apply the bundling discount, so I understand.
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