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Migration To NBN within Contract

Thind

Hello everyone,

Hope I will get some help here. Already tried Optus Customer service via phone, facebook, & livechat but finally here to get some help.

I am currently with Optus on Home BB $95 bundle (ADSL). Contracted for 24 months, which is expiring in May 2018. NBN is currently active in my area and cut off date for ADSL/Home Phone service is 28 Dec 2017. I contacted Optus chat & phone support to discuss my options and got advised that either I have to migrate to a new NBN plan or have to pay the termination fees if I don't move my service to NBN. If I want to have same inclusions as my current $95 Home BB Bundle, the equivalent new plan is $140 !! That's $45 extra. So my options as advised by Optus are to either pay termination fees for no fault of mine or pay $45 extra for no reason. That is WIN-WIN for Optus but Lose-Lose for me. I don't want leave the contract but at the same time don't want to pay extra for no fault of mine. I would like Optus to honour the contract which is to provide service for 24 months and what price was agreed at that time or let me leave the contract without any termination fees as its not me who is breaching the contract but its Optus who want to charge extra to provide service during the contracted 24 months (by forcing me to move to higher plan) or want to charge termination fees when Optus cant provide the service for contracted period. Could anyone please help me to sort this out or provide me details where I can complaint about it... Thanks

Re: Migration To NBN within Contract

TezzaP

If you are being forced off your service because of a technology change that's not your fault and they are now trying to gouge Yu I would tell optus to go jump and raise the issue with the tio at www.tio.com.au.    You I'm pretty sure Yu have rights where migration to nbn is involved.    

 

Def lodge a complaint and make sure Yu advise clearly the outcomes you want.     

 

Whst plan atr they charging you 145.00 for?   I'm on unlimited with fetch  and a tablet sim and I still do t pay that 

Re: Migration To NBN within Contract

[ Edited ]
Thind

Yes , Will definitely report to TIO if not sorted out.

I am currently on $95 Big Bundle plan which includes, unlimited data (ADSL) + unlimited calls to Landlines/Mobiles Nationally, Unlimited calls to selected overseas countries & Fetch TV.  That was best suited plan for my needs and I contracted for 24 months. That contract is expiring in May 2018 and current services will be cut off on 28 Dec 2017 as advised on NBN website. Optus is currently offering 3 NBN plans $80/$110/$140. 

$80 plan has Unlimited data + Local calls included

$110 plan has Unlimited data + Local/National/Mobile calls + Fetch TV included

$140 plan has Unlimited data + Local/National/Mobile/selected countries+Fetch TV included.

So $140 plan is equivalent plan now.

So they want me either move to $80 plan now and get lot less than contracted and start a new contract for 24 months. Or move to higher fees plan (new 24 months contract) if want to get current inclusions. Or pay the termination fees as Optus cant provide the service for contracted period at agreed price !! Its not my fault if Optus can't provide the service for the contracted period at agreed price.

Its not just me who is under contract, its between me & Optus. They are saying we cant provide the service for the contracted period at agreed price, so I should pay termination fees. I am happy to keep the service for contracted period at agreed price, but Optus should provide service for that. Its Optus who is stepping back, so in my view they should pay me for breaching the contract Smiley Wink . They are trying to enforce the contract by breaching the contract and want me to pay for that !!

 

Re: Migration To NBN within Contract

GJC

I wasn't under contract however when I got forced from Cable to NBN they wanted to drop me from 30Mbps on Cable to 25Mbps on NBN at the same price. In order to keep me, I was offered the 50/20 speed pack for free.

 

Of course, I rarely see those speeds due to the issues that are covered all over these forums but I'd be even more peeved if I were paying for the speed pack as well.

 

G.

Re: Migration To NBN within Contract

Thind

Hi GJC, If I was not under contract, I would have moved to other provider as much better options are available as compared to Optus deals. But I am under contract, and Optus is giving me 2 options:

1.) I must move to new NBN plan if want to keep the service as I am under contract and I have to start a new 24 month contract + Must pay higher plan fees if want to keep the saminclusions as current plan as old plan is no longer available to nw customers.

2.) I must pay termination fees as I conracted for 24 months and I am not opting in the higher fees plan within 24 month contract !!

Looks like they want to change the contract and want me to pay more for that

Re: Migration To NBN within Contract

GJC

I'm with the other responders then, go to the TIO. It's my understanding that a service provider is not allowed to change your contract conditions without your consent. That's why providers always end up with Grandfathered plans. They're not allowed to kick you off them. I've had this situation with Optus in the past until some very suspicious things occured on my account (none of which I can prove of course) and I was moved off an Optus Grandfathered plan to one that Optus wanted to put me on. Similiarly, my electricity provider is stuck paying me 8 cents FiT rather than the 6 cents they now offer becuase I'm on a Grandfathered plan until I move off it.

I could be wrong but that's my experience.

 

G.

Re: Migration To NBN within Contract

Pankaj

Hi Mate,

 

 No one can force you to change, without your will. The good part is that you are in a contract and its binding on both parts(Optus included). Please read here http://www.lawstuff.org.au/qld_law/topics/being-sued. 

 

You can sue them for breach of contract, if they force you to. Know your rights and fight for the same.

 

Just tell them that you are happy with the current plan and will continue till it expires. If they force you, ask them to compensate you for making the move.

 

Regards,

Pankaj.

Re: Migration To NBN within Contract

[ Edited ]
Thind

Hi Pankaj,

Yes, they are breaching the contract and still want me to pay for that. Its very simple that contract is between 2 parties so both should honour the contract. But here, I am willing to continue the contract for agreed time at agreed price but Optus is advising that they can not provide the service because it will be cut off as NBN is active in area. So its not me who is stepping back but its Optus who can not provide the service but want me to recontract for another 24 months at higher price plan or want me to pay the termination charges if I dont move to higher fees NBN plan !! I already tried my best to explain it to their customer service team via Phone/Facebook/Chat/Email but they just to make money either by termination charges or by higher fees plan...

Anyway, I reported about this to TIO/ACCC, waiting for their response now.

Re: Migration To NBN within Contract

Pankaj

Hey Buddy,

 

 It's good that you have raised the issue with TOI, however I will advise you to contact any law firm and see what law says. I would obviously advise don't put any money into legal case as of now and contact the retention team and politely update them that if they are not resolving the issue in x days you will be forced to take the legal route.

 

I am sure if they still break the contract you can sue them and believe me you will be glad that you did follow that route only after they acted(forced).

 

Regards,

Pankaj.

Re: Migration To NBN within Contract

TezzaP

@Pankaj @ClumpyGinger

 

i really like where your going but you fall over with the fine print .. there is nothing in the contract that says you will get your speed only that you will get best effort.  yes you can get 100/40 and yes they are trying to give it to you but no .. they dont have to .. they only have to supply  service at best effort speeds.    

 

ive been down this road .. i got legal advice i contacted TIO i contact ACCC i even contacted Nick Xenephon .. .. we are out of luck these people are not doing anyting legally wrong .. yes its bad business practice and they are assholes doing what they are but no they are not legally doing anything wrong ..

 

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