My name is Patricia Fitzsimmons. I have a landline phone, NO MOBILE, and the NBN was connected in October 2018.
Previous to the NBN connection I was paying $65.19 per month since early 2014, receiving unlimited local calls, unlimited 1300/13 calls and unlimited data.
I chatted with a lady named Cathy on October 30, 2018 who granted me a Plan of $60 per month less $10 discount per month for twelve months. Added to this was $2.20 for no direct debit and $3.00 for caller ID making my monthly payment $55.19.
This has not been activated. I was offered this Plan because I’m an elderly pensioner, only make up to 5 local calls/1300/13 per week and only use less than one third of the data I have been given.
For the last two weeks of November my landline was not working, Reference Number: 19939033. The technician did not turn up but I managed to fix it myself with the modems/routers I was supplied.
I have copies of all my chats if you require proof.
That is an interesting plan you've been offered. In general Optus don't offer any pensioner discounts I believe and the cheapest publicly available plan is $70 at the moment. I hope that Optus are able to honour the comitment (Sometimes staff can over promise).
Why do you feel the plan hasn't been applied? In general with plan changes, Optus would prorata any unused days in the month. Your first bill will probably look messy which is why optus created this explanation.
Call out if you'd like a moderator to run through the bill with you @erinpmf6543
Hopefully the article @petergdownload has linked offers a bit of insight.
We're here if you need us 🙂
What OPTUS has to understand is that offers, whether made verbally, in writing or online, are regarded as contracts according to the ACCC whether or not the representative is aware of this or not, and OPTUS must adhere to all offers made on chat according to the Corporations Act and the Australian Consumer Law.
If a chat representative provides an offer via chat, it is deemed to be a contract, and as such must include everything that has been offered and most importantly, they must also advise a consumer about anything that may have been removed such as entitlements like unlimited national/local calls, unlimited 1300/13 calls and unlimited internet data.
For the last four whole days 4 - 5 OPTUS representatives, via OPTUS private messenger, have refused to supply me all the above entitlements. I accepted the offer via chat but it was not disclosed to me that by accepting the special offer, I lose the entitlements. This is unlawful, but they continue to inform me that I will not get all the entitlements I previously had before switching to the NBN.
Is there anything you can do to help resolve this issue? I rang the NSW Office of Fair Trading last Friday afternoon, December 21, 2018, and their advice was that I either switch to another provider or lodge a formal complaint to OPTUS. If that does not resolve the issue they advised me to then lodge a complaint with the Telecommunications Ombudsman.
As you would obviously know, this would not only be time consuming and utterly stressful for me, but costly to OPTUS. The ACCC recently fined OPTUS millions of dollars for false and misleading behaviour -
Your response would be much appreciated. I am currently suffering from Pleurisy and macular degeneration which has made my sight blurry, so it's been very difficult for me.
I get the angst but IMO I'd suggest its better to look after your health and either pick a plan or look to another provider which are likely to have other better suited options. A lot of prepaid plans these days come with all the data and phone capabilities you want and will last 365 days without a recharge.
Yes technically all representations made would be considered part of the 'deal'. However its usually not black and white with these things. For one thing when accepting a new plan operators will generally record you stating you have read the contract and the CIS and fully understand what is being offered (of course none of us have but all of say yes). No idea if that happened for you?
But more importantly consumer law is not there to force any company to provide a service or product promised. It merely (powerfully) offers the legal right to a refund, repair or replacement. In your case you've essentially spent nothing so Optus would just offer you $0 refund and you can look elsewhere.
For me, how well a company deals with situatons like yours is how you access them. If they don't measure up then look elsewhere.
Hi Peter, I finally sorted it out. They agreed that because it was not disclosed to me in online chat/promised Plan/contract etc, which is a legal requirement under Contract Law, they finally promised that I would not lose my existing entitlements and they included them in my new Plan.
It took ages, but I've also learned a lot about being more specific on chat sessions and making them confirm in writing that everything I wanted would be included, as well as the total amount I would be paying monthly. They also gave me a 24month period.
Thank you for being involved, I wish you a Merry Christmas and a fabulous New Year.
Well done. You were always correct in the legal obligations, it was just getting Optus to honour then was likely to be tough. Kudos for sticking to your guns and well done Optus FWIW in getting to a good conclusion with a happy customer.
As at today's date, OPTUS still has not activated my new Contract. My December invoice, delivered via email, still shows the wrong details, as did that of the November invoice. I realise that the holiday season can affect things, but I've sent them two emails which have not even been acknowledged.
Kind regards - Trisha
Two things going on here I suspect. One is NBNCo is not getting itself sorted (or Optus are not sorting NBNCo as is their responsibility to do). Some of that may be out of Optus control.
But that doesn't lessen the second thing, which is Optus transparency and responsiveness to you. Optus should have someone contacting NBNCo daily once the order has been submitted and not fulfilled. They should also be contacting you with regular updates on what is being done and when you can expect the next 'event' in the process. - When it comes to the NBN Optus don't appear to do any of that.
What Technology NBN are you due to get? Cable? Without reading back has the NBN Website confirmed your home is RTC (Ready To Connect)?
All I can suggest is to keep contacting Optus until you get a customer service person that does get the switch flicked.
Hi Peter - I hope you had a Merry Christmas and I wish you a great New Year.
It's got nothing to do with the NBN, because it was connected in mid October 2018 and that's when I negotiated my special offer with a Chat Representative.
It's this new Contract which was given, confirmed and accepted on OPTUS Chat. Kindly see my previous posts. OPTUS is charging me $75 per month instead of $55.19 together with numerous late fees and will not activate my new Contract. They are also ignoring my emails.
I will ring them later today and if they still refuse I will definitely ring the ACCC who I spoke to around three weeks ago. That's how I found out that offers made on Chat are deemed to be contracts. I am also considering ringing Radio 2GB who often help people who have similar problems which often results in someone from OPTUS getting in contact.
I don't want to switch to another telecommunications provider as I will lose my current email address which I depend on for contacting family and everything else, as this would be much too stressful considering what OPTUS has put me through for the last 3 months.
OPTUS doesn't hesitate to charge late fees or even service restrictions, but they have been 3 months late in activating my new Contract which was included when I switched to the NBN.
I'll let you know what happens. Thank you again for providing your help.
Kind regards - Trisha