Ripped off by Rogers Wireless

[19Yzerman19]

Originally Posted by Jets4Life

The word "contract" never at any time came up, let alone a 36 month contract that was minimum $55.00/month extra, on top of my regular bill. I still have not even touched the other number. The problem with these written contracts, is the dealerships don't exactly encourage you to read all of it when you are at the front of a line. Personally, it's intimidating to read through a long cell phone contract, while others are giving you dirty looks, and rolling their eyes at you. Plus, I was raised to trust CSR's, as most people are. I guess Rogers takes advantage of these two factors.

What does this even mean, man? Of course it's a contract, you paid money for services. Buying a cup of coffee at starbucks is a contract. What it sounds like is that you guys had totally different ideas as to what the term of the contract was. You thought it was 3 months, it turns out the paperwork said something different (I guess).

Here is your case, legally. You and the service provider purportedly entered into a contract. However, because there was a significant difference of understanding as to a key term of the agreement (the term), there was no meeting of the minds, and consequently the contract is invalid. Second, even if it HAD been valid, you were induced to enter into the contract by means of a misrepresentation made to you by an agent of the counterparty, and if they hadn't made that misrepresentation you never would've agreed. Therefore, even if the contract were valid, it would be voidable.

Your signature on a piece of paper does not create binding legal relationships. What it does is provide evidence for the counterparty to say "hey look, you agreed to these terms, and here's a piece of paper bearing your signature that PROVES you agreed to them". In other words, it's evidence that you agreed to certain terms. Like any other form of evidence, it's rebuttable - you saying "actually, here's what happened in the store" is also evidence. Usually a signed agreement is more persuasive evidence than a story given by one of the parties later, which could just be made up. But don't treat the signed paper as the "be all end all". You agreed to the terms therein, or you didn't, and it sounds like you didn't.

Now, that doesn't necessarily help all the time because there's long standing old case law that says, "In an ordinary case, where an action is brought on a written agreement which is signed by the defendant, the agreement is proved by proving his signature, and, in the absence of fraud, it is wholly immaterial that he has not read the agreement and does not know its contents." So there's a strong presumption that a signed agreement is "good enough" as proof that the parties agreed to something, and then you have ten hours of legal scholars arguing whether or not that principle makes any sense at all and everyone goes home unsure about life in general.

So this is all by way of saying, sure, maybe the law is on your side. Now, the practical difficulties associated with getting a judgment that says so are obviously significant and no one is ever likely to undertake them because they'll cost more than just ponying up whatever it costs to buy yourself out of the contract and basically be a huge pain in the ass. So it's not like the law arguably being on one's side in these situations gives one any actual leverage over the provider.

[Jets4Life]

Originally Posted by 19Yzerman19

What does this even mean, man? Of course it's a contract, you paid money for services. Buying a cup of coffee at starbucks is a contract. What it sounds like is that you guys had totally different ideas as to what the term of the contract was. You thought it was 3 months, it turns out the paperwork said something different (I guess).

Obviously I was under the impression that they were amending my cell phone contract on my original number, in order to get the Galaxy 3. I've done this a few times before, upgrade to receive a better phone. The girl said nothing about a "new second contract" let alone a 36 month second contract.

Having said that, interesting advice. I may see what my legal options are, although I am hoping to find a way to come to an agreement with Rogers. So far, they haven't given an inch. I've called Roger toll free customer service, talked with a manager who wasn't helpful at all. I was told to contact the store I bought my phone from, but I tried and they do not have a manager there (interesting...). The only place in Winnipeg that has managers is the Rogers/Airsource location on Pembina Highway, so I have tried getting in touch with them, to no avail yet.

I will update all of you on what transpires. I will be back late Sunday October 6. If someone could help me out, and take pics for my blog, I would be willing to protest in front of a busy Rogers/Airsource location in Calgary, complete with large signs, pamphlets, and decorate my car in anti-Rogers slogans, right in front of the store. I will make sure I am within the parameters of the law, and the goal is to drive away their potential customers. I figure what the hell. If it has worked for people who have bought lemons from car dealerships, it could work for a cell phone company. No company wants bad publicity. Besides, I'm talking about $55 x 33 months. That's $2000!

If I can do this in Calgary, it would be great. I miss living there, and it would be fun to spend a day in Cowtown!

[Jets4Life]

Persistance pays off!

I finally got a decent guy who used common sense, and found out what the problem was. The original agent that I signed the agreement from at the store, called into Rogers Customer Service, and changed my plan and set me up with a second account and line, and passed the phone to me to verify my billing info. The notes indicate that I did this myself over the phone, and never was in the store.

So basically, I now have evidence that they really screwed up, asked for the Rogers representatives ID #, he gave it to me and agreed 100%, and they should rectify the problem by Friday at the latest. The fact that the lady at the store called into customer service to change my plan apparently invalidates the contract I signed, since the notes claim that I myself did so.

I wish I could buy everyone a round of

I am so happy and relieved!

[Resolute 14]

Glad you got it sorted out, but common sense should have told you that they weren't going to give you a $600 phone at 8% of its cost without putting you on a plan that would allow them to recoup the difference.

Fortunately in this case, it sounds like the Airsource rep was decidedly stupid and made things (relatively) easy for you!

[fundmark19]

Originally Posted by Jets4Life

I wish I could buy everyone a round of
I am so happy and relieved!

Well what is stopping you?

Glad to hear everything was sorted out

[topfiverecords]

She obviously needed one more commission to meet her monthly bonus quota and you were the last customer of deadline day.

[old-fart]

Glad you got off the hook on this but I do have to ask...

Did you really think you were getting a what, $500 or $600 phone for $150ish total because... the chick at the store liked your butt? If something seems too good to be true, it probably is.

[calgaryred]

Originally Posted by puckluck2

Lol please don't anyone take this advice. Doesn't effect your credit rating? Unless you're a freeman who denies a credit rating, yes it most definitely will.

No it doesnt neither Bell Rogers or Telus put your cell phone account in the credit bureau, they send your unpaid accounts to their collections, and then sell them to private collections after a period of time. I check my credit rating bi yearly things like car payments, mortgages, lines of credit, credit cards yes, cell phone contracts, satellite TV contracts, no.

[ken0042]

Right. So technically Robellus doesn't put the black mark on your credit report; the collections agency they sell your debt to does.

As Photon said earlier, when looking at perspective tenants; that could be the deal breaker.

[Jets4Life]

Originally Posted by fundmark19

Well what is stopping you?

Glad to hear everything was sorted out

I would, but I am 100km NE of Fort McMurray, working at a Suncor site, which is a dry camp.

[renny]

Whenever I read/hear these stories I am glad I never sign contracts with these companies. I just have a month to month plan and I buy my phones outright. It's just not worth the headache or my time to deal with these dinks.

Glad it got sorted out for you though.

[fundmark19]

Originally Posted by Jets4Life

I would, but I am 100km NE of Fort McMurray, working at a Suncor site, which is a dry camp.

As a collective group I am willing to take your credit card number and buy everyone drinks on your behalf.