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Honoured Contributor
Honoured Contributor

Re: Activating my new Plan after having NBN connected.

Tiring Christmas (Coming off the back of a 6 month renovation) but things are looking good for the NY (Getting some relax time finally)

 

As I said before you're generally legally correct (verbal offers are somewhat contractual) however Optus does have the right to cancel any plan if it wants to. There's also provisions for mistakes being made in contracts (such as seeing a new car with a For Sale $10 sign and then demanding that they must sell you the car for $10 (they don't have to). All this is to say its somewhat wishy wasy in application. But there's nothing stopping you from applying some pressure on your end to try get things moving.

 

As I understood it you had got confirmation already anyway? Anything concrete or just a verbal acquiescence?  

 

FWIW Optus really don't seem to do emails - stick to other communication paths if you want to progress (its nothing personal).

 

You've done the ACCC, but I would also suggest the TIO which is much more directly empowered to looking to your individual case and order Optus to honour their commitments.

 

Finally, I often recommend people migrate off their ISP emails ASAP. Aside from usually being much less featured and secure than other more dewdicated offerings it also means you are wedded to Optus no matter how badly they treat you. Before the NBN it might have made sense but now every RSP can supply cable speeds I'd take the time. Its actually much less painful than you think if you do it over a number of months:

 

1) Open a free gmail account

2) In GMail set it to also recieve all you Optus emails

3) Import / Set up Contacts in Gmail

4) Send every one an email requesting they use the new GMAIL email.

5) Look through past emails. Update email address at major websites (utilities, banks, shopping, social)

6) Wait

 

None of this will affect your Optus emails. You can at any time just log in / return to them and use as always. But what you should find is most emails start coming direct to the GMAIL address and less and less come from the Optus one. Most people just hit REPLY to emails anyway. After a few months you can remind the few stragglers to get the new address sorted and possibly spot a few subscriptions that you only pay once in a while to updtae those. 

 

You're now free to use your email with any RSP.

 

Peter Gillespie

 

PS Also set up Two Factor Authentication when you're comforatble with Gmail.

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Occasional Contributor
Occasional Contributor

Re: Activating my new Plan after having NBN connected.

Thank you once again Peter for your help.

I have everything in writing, that is why I'm sticking to my guns and persevering. The OPTUS Chat representative confirmed everything in writing in the OPTUS Private Messenger and I officially accepted the Contract in writing.

 

The conversation started on OPTUS Facebook Chat but they forced me to go to their Messenger to keep everything private and obviously unavailable to other members of the public.


I refuse to let OPTUS get away with this unlawful act, it's my consumer right. They have breached and contravened Australian Contract Law on numerous occasions which I have seen via Yes Crowd, Facebook, Google and on Product Reviews.


OPTUS is unconscionable, unethical and unprofessional, as well as misleading & deceptive and could well be penalised for this behaviour which I will certainly assist with if required.

 

OPTUS has breached its own ‘Consumer Terms’ -

Section 13 - WHAT ARE YOU AND WE LIABLE FOR

 

They are also subject to the following –

Telecommunications Act 1997 –

Examples of matters that may be dealt with by industry codes and industry standards

 

I will be contacting the ACMA with which they are registered, and which is responsible for the regulation of broadcasting, radiocommunications, telecommunications and online content, as well as the ASIC which is the Regulator.

 

Is there anything you can do as a Voluntary Contributor on OPTUS Yes Crowd?  If you can, it would certainly help resolve this issue and prevent it from escalating further.

 

I should not be forced to switch to another Provider, and thereby lose my current email address, as I have a written Legal Contract which OPTUS must honour.

 

Kind regards - Trisha

 

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Occasional Contributor
Occasional Contributor

Re: Activating my new Plan after having NBN connected.

Thank you once again Peter for your help. I have everything in writing, that is why I'm sticking to my guns and persevering. The OPTUS Chat representative confirmed everything in writing in the OPTUS Private Messenger and I officially accepted the Contract in writing. The conversation started on OPTUS Facebook Chat but they forced me to go to their Messenger to keep everything private and obviously unavailable to other members of the public. I refuse to let OPTUS get away with this unlawful act, it's my consumer right. They have breached and contravened Australian Contract Law on numerous occasions which I have seen via Yes Crowd, Facebook, Google and on Product Reviews. OPTUS is unconscionable, unethical and unprofessional, as well as misleading & deceptive and could well be penalised for this behaviour which I will certainly assist with if required. OPTUS has breached its own ‘Consumer Terms’ - Section 13 - WHAT ARE YOU AND WE LIABLE FOR They are also subject to the following – Telecommunications Act 1997 – Examples of matters that may be dealt with by industry codes and industry standards I will be contacting the ACMA with which they are registered, and which is responsible for the regulation of broadcasting, radiocommunications, telecommunications and online content, as well as the ASIC which is the Regulator. Is there anything you can do as a Voluntary Contributor on OPTUS Yes Crowd? If you can, it would certainly help resolve this issue and prevent it from escalating further. I should not be forced to switch to another Provider, and thereby lose my current email address, as I have a written Legal Contract which OPTUS must honour. Kind regards - Trisha
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Highlighted
Occasional Contributor
Occasional Contributor

Re: Activating my new Plan after having NBN connected.

Thank you once again Peter for your help.

I have everything in writing, that is why I'm sticking to my guns and persevering. The OPTUS Chat representative confirmed everything in writing in the OPTUS Private Messenger and I officially accepted the Contract in writing.

 
I refuse to let OPTUS get away with this unlawful act, it's my consumer right. They have breached and contravened Australian Contract Law on numerous occasions which I have seen via Yes Crowd, Facebook, Google and on Product Reviews.


OPTUS is unconscionable, unethical and unprofessional, as well as misleading & deceptive and could well be penalised for this behaviour which I will certainly assist with if required.

 

OPTUS has breached its own ‘Consumer Terms’ -

Section 13 - WHAT ARE YOU AND WE LIABLE FOR

 

They are also subject to the following –

Telecommunications Act 1997 –

Examples of matters that may be dealt with by industry codes and industry standards

 

I will be contacting the ACMA with which they are registered, and which is responsible for the regulation of broadcasting, radiocommunications, telecommunications and online content, as well as the ASIC which is the Regulator.

 

Is there anything you can do as a Voluntary Contributor on OPTUS Yes Crowd?  If you can, it would certainly help resolve this issue and prevent it from escalating further.

 

I should not be forced to switch to another Provider, and thereby lose my current email address, as I have a written Legal Contract which OPTUS must honour.

 

Kind regards - Trisha

 

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