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captstevens
New Contributor
New Contributor

Fetch channel pack removal after forced switch to nbn

My understanding is Optus has the legal right to restrict supply of a service and switch the way they supply a new service i.e cable vs nbn....
My question:
Is it legal if my contract was a bundle of 2 or more services (cable + fetch) to force cancellation of the contract, remove channel packs, charge more and/or leave the customer with less of an existing service, supply similarly and/or equal service type under the no guarantee of nbn speeds basis?
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AndS
Super Contributor
Super Contributor

Re: Fetch channel pack removal after forced switch to nbn

@captstevensCable to NBN, call the federal government and once you get an answer then the rest will then become clear.

Seems like you are complaining about everything. Complaints are handled by optus via twitter or facebook or phone or my app, NOT on yes crowd.

 

IMHO for legal advice contact your lawyer.

 

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Tina_YC
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Re: Fetch channel pack removal after forced switch to nbn

Hi @captstevens, thanks for raising this with us. Please note that we’re unable to look into account details on Yes Crowd. If you’re still needing a hand, we recommend messaging us via the My Optus app.

Our Messaging team is available 24/7 and are ready to assist customers as quickly as possible. Let us know how you go. Tina.

----------------------------------------------------------------------------------------------------------------- I’m part of the Yes Crowd team, employed by Optus to help run our online community.

Did we answer your question? Please mark it as a Accepted Solution and if you see something that was helpful to you or the rest of the community, giving a Kudos is only a click away.

petergdownload
Honoured Contributor
Honoured Contributor

Re: Fetch channel pack removal after forced switch to nbn

"Is it legal if my contract"

Your contract came to an end the day your service was disconnected. Yes Optus have the right to end your service at any stage and for many possible reasons. In fairness to Optus their cable network was compulsorily acquired by the government and has been slated to be dismantled soon. Not much they could do really.

Signing up to the NBN means a brand new contract with brand new terms. If you'd switched a bit earlier then there were often pricing incentives and efforts to match existing plans but these days there's a lot less negotiation by the big players. You should not be hit with the 'startup' fee though.

On the plus side you are now free to access Fetch and highspeed internet from dozens of RSP on hundreds of plans, price points, speeds and features.

Also NBN speeds are now generally guaranteed (more than the old cable service was). Although if you're on FTTN then it is a lottery what the maximum speed you can get will be. But otherwise most RSPs now provide 90-110% of the plan speed pretty much 24/7.

 

PS Optus internal systems might also require you to return the Fetch box for a replacement unit. Might not happen but just a heads up. IMO you're better off buying your own Fetch unit for $280 from Fetch that is yours to own forever and you can use with any RSP.

captstevens
New Contributor
New Contributor

Re: Fetch channel pack removal after forced switch to nbn

Hi all, Thank you for your speedy response.
I noticed at the bottom of the home screen for yes crowd the legal terms and assumed while maybe under utilised, it was an open invitation to seeking advice.
AndS if you thought that was a complaint maybe read the question again, I've simply asked a question and stated facts to support why I have been left with a lesser level of service. I do prefer not to be cancelled.. To your credit though to 'get a lawyer', I have lined up TIO (Telecommunications Industry Ombudsman) and am in waiting for Optus to resolve my querie so while I'm in waiting I thought I'd reach out to see if anyone has the same experiance and to better understand how to get an effective solution.
Petergdownload + AndS.. being an end user, consumer and contracted customer, Corporate vs Government deals is non of my bussiness, IMHO if Optus get a good deal or raw deal that's either their gain or loss, I've got a contract with Optus coupled with consumer rights... which leads me to the question if anyone in the crowd has experience on contracted services please reply as I'm seeking constructive direction, if not that's O.k.
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YetAnotherAcc
Respected Contributor
Respected Contributor

Re: Fetch channel pack removal after forced switch to nbn


@captstevens wrote:
My understanding is Optus has the legal right to restrict supply of a service and switch the way they supply a new service i.e cable vs nbn....

I think that that is generally correct.

Is it legal if my contract was a bundle of 2 or more services (cable + fetch) to force cancellation of the contract

Yes, as long as they give your the required notice first, which is typically ~30 days with Optus consumer service contracts.

remove channel packs, charge more and/or leave the customer with less of an existing service, supply similarly and/or equal service type 

At this point it is not longer the same contract as the first, so if you accept all these variations you are accepting a new contract.


 no guarantee of nbn speeds basis?

The NBN download speeds are guaranteed only in the sense of what they advertise/advise are the typical evening speeds. If they can't provide those speeds then the remedies available to you will vary depending on how far off the mark they are. 

Note that for upload speeds is much harder as they don't advertise/advise of what to expect for uploads.

Tina_YC
Moderator
Moderator

Re: Fetch channel pack removal after forced switch to nbn

Thanks for getting back to us, @captstevens. If for some reason you’re unable to use the My Optus app, please send a private message to the official Optus Facebook page or Twitter page for further assistance. Tina.

----------------------------------------------------------------------------------------------------------------- I’m part of the Yes Crowd team, employed by Optus to help run our online community.

Did we answer your question? Please mark it as a Accepted Solution and if you see something that was helpful to you or the rest of the community, giving a Kudos is only a click away.

captstevens
New Contributor
New Contributor

Re: Fetch channel pack removal after forced switch to nbn

Thank you YAC,
I have 1 last question you might be able to help me with.. If I have a car then take 2 wheels off tell you its a bike is it still a car or does it become a bike? 🤪
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YetAnotherAcc
Respected Contributor
Respected Contributor

Re: Fetch channel pack removal after forced switch to nbn


@captstevens wrote:
Thank you YAC,

You're welcome....At least that's what I would've said If I thought for a moment that you were even remotely sincere.

petergdownload
Honoured Contributor
Honoured Contributor

Re: Fetch channel pack removal after forced switch to nbn

"I'm seeking constructive direction"

You've been given constructive direction from three very experienced individuals.

The resolution you want isn't available. You have no contract (Optus is quite entitled to unilaterally cancel it - read your old contract), there are no consumer rights here (those only apply when you are paying for a service or product that you are not getting) and the TIO will hopefully let you know you're wasting your time upfront but they'll probably get back to you eight weeks later.

Ultimately your freedom to choose, speeds and range of options has increased significantly. Time to start taking advantage of it. Look forwards not backwards.

"Is it legal if ..."

Yes.

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