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Apache77

join:2011-11-13

[Internet] Videotron wants $1,000 for cancelling Internet contra

Is this legal under Bill 60?

Videotron says my office made a verbal agreement for a three-year contract, but I'd like to cancel sooner and switch my office Internet to TekSavvy because I'm not happy with Videotron's service and prices.

Can they really charge $1,000 to cancel a three-year Internet contract? I thought Bill 60 limited cancellation fees to sensible amounts.

(Please note that this a Business agreement with Videotron, and not Residential. I'm not sure if that makes a difference.)


TH47

join:2005-10-29

Re: [Internet] Videotron wants $1,000 for cancelling Internet co

Verbal agreement? Can they prove it?


zoid

join:2012-09-05
reply to Apache77

Enterprises are not subject to bill 60.


GuiGQc

join:2012-02-22
Gatineau, QC

said by zoid:

Enterprises are not subject to bill 60.

This.
There is a huge difference between a residential contract and a commercial one.
Your best bet would be to try to convert your service to a lower speed, or even better, to convert it to a residentiel service.

TH47

join:2005-10-29
reply to Apache77

And another thing.

If they recorded the "verbal agreement", do you remember being told that it would be recorded?


bluex

join:2005-02-04
Gatineau, QC

TH77, only one side must be aware that a recording takes place (in this case, Videotron), so that it is deemed legal.



RomVL

@videotron.ca
reply to Apache77

Consumer protection act protects only natural persons. Not legal persons like a business...


despe666

join:2009-06-20
Montreal, QC
reply to Apache77

Sounds like a great case to take to small claims. They will have the burden to prove to the judge you agreed to the contract.



RomVL

@videotron.ca

said by despe666:

Sounds like a great case to take to small claims. They will have the burden to prove to the judge you agreed to the contract.

Small claims jurisdiction is with business with at most 5 employes in the last 12 month prior to the claim.


Shrug

@videotron.ca
reply to Apache77

As a small business (telecom bill under $10k) the CCTS's doors are open to you.

So you could file a complaint with them and say there has never been any such contract.

Videotron would then have to provide proof of said contract, and I suppose proof that said contract was in agreement with you.

The CCTS is free for you.
»www.ccts-cprst.ca/



RomVL

@videotron.ca
reply to TH47

said by TH47:

Verbal agreement? Can they prove it?

They probably record all phones. Anyway, you really want to sue Videotron for the contract fees? They probably have full time attorneys.

InvalidError

join:2008-02-03
kudos:5
reply to TH47

said by TH47:

If they recorded the "verbal agreement", do you remember being told that it would be recorded?

If you call Videotron's support number, one of the first/last things the recorded messages tell you before transferring to a rep is that the call may be recorded for QA and training purposes. So the warning about recording from Videotron's side is certainly there unless Videotron changed their greetings since the last time I had to call them.

Tekhome

join:2013-02-03
canada

1 edit
reply to Apache77

You should take a look at the section
****Terms and conditions**** on their Website.
This section is for residential, i guess for commercial it could be different like GuiGQc says, but it seems you'll have to pay. Maybe less than 1000 $ because this is ridiculous, but you won't get away with it i think.

Here's the section 8 ( Residential )

Section 8.5

If the cancelled Contract has been made on or before June 30, 2010 and the Customer had chosen a fixed-term subscription in order to benefit from a reduced Price for this Service (12, 24 or 36 months), the Customer shall pay Videotron the following as a cancellation indemnity:

36 months = $$$
24 months = $$$
12 months = $$$

The verbal agreement is the key, because you didn't sign anything ?



motoracer

join:2003-09-15
united state
reply to Apache77

Ask for proof. If they give you proof, ask them how they know it's you. Deny it.


Apache77

join:2011-11-13
reply to Apache77

Hey guys.

Thanks for all the helpful answers and suggestions.

I'm not sure if I ever did give my verbal consent. In fact, when we moved offices in Oct. 2012, a Videotron rep told me our moving fee would be free if we agreed to extend our contract for three years -- and then he made a very deliberate point to ask me on the phone "Do you agree to renew your contract with us for three years?"

I said no, and that I wanted to see our bill first to make sure they didn't charge us for a moving fee, and that even if I did renew our contract, that I would want to sign something saying so.

In any case, I'll try to resolve this, possibly with the help of CCTS (thanks for the link).

The only thing that's certain is that when I do wiggle out of this contract (even if it takes three years), my company will never use Videotron again.

What ever happened to signed agreements, anyway? These verbal agreements are sneaky and unfair.



JEDI

join:2005-04-11
Longueuil
kudos:1
Reviews:
·ELECTRONICBOX
reply to InvalidError

said by InvalidError:

said by TH47:

If they recorded the "verbal agreement", do you remember being told that it would be recorded?

If you call Videotron's support number, one of the first/last things the recorded messages tell you before transferring to a rep is that the call may be recorded for QA and training purposes. So the warning about recording from Videotron's side is certainly there unless Videotron changed their greetings since the last time I had to call them.

I don't remember if it was JE or La Facture but they talked about it a few years ago. Basically it was the other way around, it was a customer that recorded his call with the cell company. The cell company didn't respect what they said (no surprise) but the customer told them he had a recording. The company was pissed because the customer didn't tell them he recorded the call.

Any people in the call can do a recording without telling the other party. The reason companies tell you they will record the call is because they have to since it is not the customer representative you talk to that records the call.

despe666

join:2009-06-20
Montreal, QC
reply to RomVL

Well you learn something everyday. I guess it's a good thing I'm not a lawyer then!



aaron33

@videotron.ca

Why not just trying to deal with Videotron? If you have or they tell you that you have a 36 yrs contrat it is because you had a rebate on something (install fees for free? Monthly rebate?) why not just proposing that you will pay the regular price as if you had no contract instead of the 1000$ ?



Shrug

@videotron.ca
reply to Apache77

said by Apache77:

Hey guys.

Thanks for all the helpful answers and suggestions.

I'm not sure if I ever did give my verbal consent. In fact, when we moved offices in Oct. 2012, a Videotron rep told me our moving fee would be free if we agreed to extend our contract for three years -- and then he made a very deliberate point to ask me on the phone "Do you agree to renew your contract with us for three years?"

I said no, and that I wanted to see our bill first to make sure they didn't charge us for a moving fee, and that even if I did renew our contract, that I would want to sign something saying so.

In any case, I'll try to resolve this, possibly with the help of CCTS (thanks for the link).

The only thing that's certain is that when I do wiggle out of this contract (even if it takes three years), my company will never use Videotron again.

What ever happened to signed agreements, anyway? These verbal agreements are sneaky and unfair.

That is the best and smartest way to go, w/o going to small claims court over it.

It *should* be fair for everyone this way.

Apache77

join:2011-11-13
reply to Apache77

Isn't the standard recording something like "This call may be monitored or recorded to ensure quality"?

In reality it seems they should say "This call may be monitored or recorded so one of our agents can tape you agreeing to something that you may not want or understand, and then we can use that recording as a contract."

Again, I still find it disturbing that Videotron (or any telecom) can hold customers to these flimsy verbal agreements, especially considering the ridiculous length of the contracts.



RomVL

@videotron.ca

said by Apache77:

Isn't the standard recording something like "This call may be monitored or recorded to ensure quality"?

In reality it seems they should say "This call may be monitored or recorded so one of our agents can tape you agreeing to something that you may not want or understand, and then we can use that recording as a contract."

Again, I still find it disturbing that Videotron (or any telecom) can hold customers to these flimsy verbal agreements, especially considering the ridiculous length of the contracts.

Well, if I look at Videotron's website, you are not force to sign contract. The price is just different. So ultimately, this is a decision you made to have an engagement in return of a better price. Now you regret it, ok fine. You should deal with them to only pay the price difference between 3 years engagement and no engagement for the month you got the services... Quite sure they will accept this kind of agreement (which is probably what you will be able to get in a court of law).

GRT

join:2007-10-14
canada
reply to TH47

said by TH47:

And another thing.

If they recorded the "verbal agreement", do you remember being told that it would be recorded?

1) A verbal agreement is a binding contract the same way as a written one.
2) In Canada you can record a phone conversion as long as one party is aware, in the case of 2 parties, you can record a phone conversation (legally) even without warning the other party.
Where it is illegal is when there is a 3rd party. If Part 1 records conversation between party 2 and 3.

So when making the agreement / contract if you were aware of the penalties I guess there is nothing much you can fight for.

And besides, what the hell kind of company makes verbal agreements with another company - that's not the norm. But nonetheless it is still valid ! Any agreement between 2 parties, verbal or written, written on paper, toilet paper, bark of a tree or even a piece of pancake, is a legal contract the moment both parties agree on the terms.

TH47

join:2005-10-29

Would be nice if we could apply the same principle to politicians...


Altheran5

join:2011-04-08
canada
Reviews:
·Videotron
reply to Apache77

said by Apache77:

Isn't the standard recording something like "This call may be monitored or recorded to ensure quality"?

In reality it seems they should say "This call may be monitored or recorded so one of our agents can tape you agreeing to something that you may not want or understand, and then we can use that recording as a contract."

Again, I still find it disturbing that Videotron (or any telecom) can hold customers to these flimsy verbal agreements, especially considering the ridiculous length of the contracts.

I never considered (If you want free installation, you will have to agree to a 3 yrs contract) hard to understand -_-