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I have been a Telus Mobility (Calgary, Alberta) client for approximately 5 years prior to entering into a contract due to my need for a cell phone renewal and the need of 2 additional new cell phones for my son and my husband.
On approximately January 16, 2005, I have acquired 3 new cell phones, (decision that costs me a lot of money, in addition to credit issues). The cell phones I’ve gotten cost approximately $200 each. I have entered into a 3 year agreement for each of the 3 cell phones with Telus, providing that I were to receive the phones at no cost. Why would one enter into a 3 year contract other than to get the cell phones at no cost, providing always that the phones work for the entire duration of the contract?
I was told by the sale consultant (who, I believe, talked me into entering such agreement for that it gained him a great commission) that the phones come each with a one year warranty, and they do. Approximately two weeks prior to the warranty expiration, one of the 3 phones stopped functioning (which could be verified by that there were no calls from and to that number). I am not a cell phone technician, therefore I could have not known what caused the phone to break down. I only assumed that it might’ve been the battery.
I have called Telus and spoken with customer service, explained the situation, and have been told that someone will get back to me. I have not been contacted by anybody regarding this issue despite my numerous calls to customer service and have always been told that they are not in a position to provide a resolution but that they will put the complaint in and will get the appropriate person to contact me.
Because there was only one day remaining for the warranty, and because I have not heard from anybody from Telus, I called them again on January 15, 2006, and requested that they provide me with repair, or battery exchange. I have been kept on hold for hours all together that day, and have discussed the issue with a total of 5 customer service individuals at Telus, on January 15, 2006, but none of them offered any help, moreover, they argued with me in an effort to establish that they are not responsible for any damage to the phones. I was told that the battery would only cost approximately $90 and that Telus is not responsible for repairs or replacement of the cell phones and parts. If that is the case, why do they sale defective products (tricking you to sign up for a long-term contract that turns out to be impossible to honor)?
I did not agree to pay for the battery (although I am not certain that that was the cause of the phone not having been working) and told them that I would’ve expected that the phones worked for at least 3 years (which is the duration of the contract I signed). Had I known that the phones would break down prior to the expiring of the warranty, or prior to the conclusion of the terms of the contract, I would’ve not entered into any such long-term agreement and would have purchased the phones on my own so that I would not be binding upon any agreement, yet required to buy another phone.
Frustrated with Telus representatives’ lack of care, sympathy, and solutions for their customers I have not had, at that point, any alternative but to cancel the service (service that was inactive in the first place, due to the phone breakdown) for all 3 phones, as I felt ripped off and had no confidence that the other 2 phones would work for the duration of the contract. Although Telus (in my opinion) was at fault, and despite my advise that, if they don’t offer any resolution (which they haven’t) then I would seek another service provider, Telus has never attempted to resolve the issue even after I cancelled the services on January 15, 2006. There was neither a call from anybody in a higher position nor any attempt to conclude this matter in a manner favorable to both, (the company and myself), but simply Telus washed their hands, making me responsible for an amount that gathered due to their disregard and lack of concern for the interests of their customers.
I believe with certainty that it was Telus who neglected and breached the contract by that they refused to provide with any alternative in the circumstances given.
Telus billed me with the greatest amount for cancellation, which was $20 multiplied by a total of 24 months, multiplied by a total of 3 cell phones. I have refused to pay and since, have been dealing with collection agencies only. I have been contacted on numerous occasions by collection agents, have been yelled at, threatened with garnishee of wages and bailiffs, and have been told that I should’ve kept paying the monthly service fee, even though the phone was broken, just to keep my credit in order.
Although Telus alleges that I owe approximately $2000, one collection agency offered a settlement of 85%. I counter-offered that proposal offering to pay a maximum of $500 or less (considering that that amount would have been fair for the cost of the two phones in working conditions which I have yet to return), and only in the circumstances that my credit remains unaltered. They have never replied to my offer.
I have had the worst experience ever with Telus Mobility and its poor services, and I feel that there is no justice for consumers and that any company can do as they wish to their clients, without being accountable to anyone.
I too have had the same experience. I am still disputing this. I will post how this dispute goes.
Read the service terms, they do not guarantee a phone for the entire contract, none of the wireless service providers do. You signed on a three years to get a free phone, not to get a guaranteed phone for the three years. You also get benefits of signing a contract (like better rate plan or bonus features.) However, telus does not make the phone and that's why there's a warranty. Some stores offer a 3 year extended warranty; perhaps you should invest in that if you're concerned about your phone dying before you complete your contract.
If you call their contact centre, they can give you options for replacement phones or see if you can sign up early. I called them when my LG245 stopped working and they sent me a replacement phone for free!
Probably you work for Telus if you got a free replacement phone!
My LG8500 (Chocolate) stop working after a year and four months (in a 3 years contract!). I called them and they sent my a new replacement phone the day after for $50.00 (plus an activation fee of $25.00). Total cost of $75.00.
I will finish my 3 years contract and move somewhere else.
I pay around $120.00 /$ 150.00 every month for their service! Why they want more!
Seriously? You stopped paying for something and ruined your credit over a dead cell phone battery that costs $60 to replace and BTW is N O T covered by warranty anyways?
as much as i hate telu's useless text messaging system they do have awesome replacement programs!
first of all, your credit is ruined, congratulations!
your complaint simply shows that you should have educated yourself far better than you have, before signing a contract, and probably before buying any piece of electronics... your warrenty clearly states that its for 1 year expecting anything after that year is redicilous, demanding it is stupid. it is up to telus if they want to give you a deal... the circomstances that you described, deffinately dont enable you to avoid the cancelation fee, aspecialy not on all 3 of the contrrracts... btw, you could of bought a new battery on ebay for less than $10... batteries usualy are not covered for as long as the fone, and if you wanted manufacturer warrenty, you should of sent it to the manufacturer...
It depends upon whether you signed your Telus agreement and if the terms of the agreement were properly explained. Most provinces have consumer laws that require sales companies to provide an adequate explanation of your obligations. If you agreed over the phone, then it would be up to Telus to have recorded the call. If not, they are out of luck. If you signed the agreement in a store, look at your copy. Is it legible, is the wording vague? Does it stipulate who services the warranty?
On your end, did you keep dated notes? Names of CSRs, dates calls were made. You are no doubt walking into the realm of litigation, but doing nothing is an option and just ignore the collection calls. If they damage your credit rating, file a law suit against them for injunctive relief and ask the court for an order instructing the credit bureaus to delete/expunge the negative entries lodged by Telus. Chances are Telus won't respond. Ask for court costs and legal costs and throw in a request for punitive relief. If they do respond, it will probably be a settlement offer. They don't want to mess around with a case they are going to lose and in Canada, lose they will because of "Contra Proferrentum" which basically states that "he who proffers a contract is responsible for its ambiguity" which in your case is the ambiguity of what they warrant and who should provide service. Just about any contract is either ambiguous because of flaws in writing, spelling, grammar, poor skills in the author's prose, or because of performance one or both of the parties.
If you don't have the contract and don't remember receiving the contract, you may have a case just based on that. You are one of millions of customers and the big co.s like Telus don't bother making sure that you are served with a contract properly or that the contract properly lives up to your particular situation. Again, most provinces have "Fair Trade" laws to protect consumers from the ambiguity of boiler plate contracts from service providers/sales organizations. Don't be intimidated by the big co.'s.
Finally, get some legal advice from an attorney if you are afraid of damaging your credit or engaging in an indefensible litigation. Lawyers are for chickens to hide behind, but there's a little bit of chicken in all of us.
I am on 3 phone all dying out days after the warrenty is up, and you have to get a new phone and extend your contract too! I do believe this is some sort of scam to get you to continue your contracts as they get extended. Not happy with this company at all.
same situation but with BELL cell. My phone Palm Pre died 3 days after signing 3 year contract. I called to return phone and cancel contract but was told I could NOT do that. (the first lie...I had 30 days to return/cancel) I was told a postage paid box would be sent to me, put the broken cell inside and courier back.(Approx 2-3 weeks) Bell billed me for the monthly contract and I have a $2200 bill for a phone that worked 3 days! Harassing calls from collection agencies and bad report at credit bureau. Any idea how to find an actual person at BELL to mail the lawsuit to?