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petergdownload
Honoured Contributor
Honoured Contributor

Re: 1 bar signal in Brighton

"I believe Optus is legally required to provide proper coverage."

Then you'd be wrong. You can't force a company to provide good service. All you can do is not have to pay for it. Waiting over three years to raise the issue obviously limits any refund you might be eligible for, it may even be just a single months worth.

"I don't want to go to another provider."

There's apparently no general issue with reception in the Brighton area. I'd recommend you do what Optus suggests and try out a few other providers (Telstra, Vodaphone, etc.). You can test them out quite easily with a $2 prepaid sim. The pricing and options available are very diverse these days and Optus will no doubt let you leave without penalty (if any applied)

If you are unwilling to move then I'm afraid you only have yourself to blame.
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Winner1001
Occasional Contributor
Occasional Contributor

Re: 1 bar signal in Brighton

Yes this is excellent AndS.

I emailed them to ask about my location and if there are any plans to add to the Black Spot program.

Great tip, thank you 🙂

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Winner1001
Occasional Contributor
Occasional Contributor

Re: 1 bar signal in Brighton

Thank you petergdownload.

Under Common Law service providers do owe me a duty of care to provide a service that works properly, in this case that works reliably and doesn't regularly drop out. Unfortunately I don't have dozens of lawyers working for me and it's unlikely I'll get any satisfaction this way. Unless a Solicitor reading this has the same frustration and is interested in taking on a complaint pro bono. 

Regarding fitness for purpose from consumer.vic.gov.au :

"Remedies for major problems

Consumers can choose whether to:

  • reject the product and choose a refund or replacement, or
  • keep it and the seller will compensate them for any drop in value."

You are right about the refund, Optus has already offered it. I'm not a solicitor but to me that's a cop out. I want the service I'm paying for, regardless of the service provider.

A valid remedy is to request the service provides a service that works. i.e. if someone mows half my lawn I have a right to request they come and finish the job if that's what they agreed to do.

Of course I can only pay half but that's not the expectation the service provider set when they sold me a lawn mowing service. It was the whole lawn they promised to mow. I can understand a lone contractor having to run off for a personal emergency and not finishing my lawn. I can't understand how such a poor service is acceptable from a behemoth like Optus.

Upteen visitors to our house have often been unable to dial out because of no signal regardless of the provider since we moved in 3 years ago. 

I will definitely buy a Vodafone SIM to test with, thank you for suggesting it.

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petergdownload
Honoured Contributor
Honoured Contributor

Re: 1 bar signal in Brighton

"if someone mows half my lawn I have a right to request they come and finish the job if that's what they agreed to do"

You can request it but you can't demand it. For many reasons it may not be possible or reasonable to fulfil the deal made. Obviously mobile reception is subject to many vagaries and Optus are not going to build a new tower next to every household that finds its not getting good reception.

"Under Common Law service providers do owe me a duty of care to provide a service that works properly"

As you say, not really accessible as a solution to most. I'd also argue that "duty of care" doesn't mean "must provide".

Instead consumer law would be the goto in a situation like this. Optus make it clear that good reception is not a certainty but do guarantee that you can exit any contract without penalty if its found the reception is not good enough in your home.

I think overall its a reasonable and responsible acknowledgement of the issue. If you want to continue beating a dead horse then perhaps Optus will manage to find a specific issue and fix it (although it does just sound like you're in a bad reception area full stop). But if you're as busy as you mention then I'd just take the refund and look to find another solution.

If you have good NBN and good wifi in the home then I'd strongly recommend you look into wifi calling.

Good Luck.
Winner1001
Occasional Contributor
Occasional Contributor

Re: 1 bar signal in Brighton

Thanks Petergdownload.

wifi calling is excellent but when it’s on you don’t get txt message which is a pain when you are receiving one time login pins to log into various websites. I.e. fix one thing, break another

The solution is a cell repeater but the cost is $2600 roughly including installation. What I have asked Optus to do is fund that amount but they have refused.

again I’m not a lawyer but if you take someone money every month I do think you have an obligation to provide an effective service and to remedy that service.

I brought several $100k s of business to Optus in my corporate life and really I’m hearing thanks but now go somewhere else.

customer loyalty = 0 as far as Optus is concerned.

I also did look at the Optus coverage map for my exact house and for 4G signal I’ve got the maximum quality/strength coverage available on the legend for that map.

That’s a consumer representation they are making to me which I believe they should fulfil.

 

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