Please mention The Gers Local when responding to adverts CAUTIONARY TALES - CANCELLATION OF CONTRACTS
Arriving to start a new life in France, most people rely on estate agents, notaires, or new friends to help with things such as house and motor insurance as well as for their internet and telephone suppliers. These arrangements are quite often taken out in haste and may not suit future requirements. So after a while many people decide that some things may be arranged more cheaply or effectively with another supplier. It’s at this time that we can make expensive mistakes.
What can go wrong? Or, learning the hard way!
A couple moved into their permanent property in 2007 and requested a telephone line from France Telecom. They then proceeded with Orange to set up a broadband internet service. The Livebox arrived, but nothing ever worked. After numerous letters and phone calls, and although the telephone lines had all been renewed, they were told broadband (adsl) was impossible and that they should use a modem with the Bas Debit Dial Up 56K. As most computers are now sold without the necessary modem for this outdated system, this proved difficult especially as Windows Vista has been designed for broadband only. Finding an appropriate external modem was advised, but all this conflicting technology was a bit too much so they borrowed an old slow computer with an old modem system. Downloading documents was just about impossible, and the whole system was extremely slow and frustrating. However, to get to this point had taken a full two years!
So in 2010 they tried another supplier, SFR/Neuf, who were able to supply the Neufbox and set up the supposedly impossible broadband service after a delay of only three weeks! During this time SFR/Neuf requested their technicians (probably the same ones as used by France Telecom who previously said it was an impossibility) to do the necessary adjustments. SRF/Neuf sent a letter with the contract for their internet broadband service which clearly stated that nothing needed to be done to cancel the previous supplier of internet services, and that they would do all that was required. Nevertheless, the couple had heard ‘horror’ stories so they decided to stop the monthly payments to France Telecom, once the new system was properly up and running.
So from March/April 2010 their broadband internet was up and running and everything was fine until March 2011. The couple then received threatening letters from a bailiff (Huissier de Justice) reclaiming 96 Euros for Orange/France Telecom. The Huissier’s office was informed that the debt was incorrect and given an explanation of the reasons why. The couple were advised by the Hussier to ring and sort this out with Orange – which they refused to do. As many readers will know once you get through Orange’s filter system and speak to a real person – in French – they are full of apologies, they promise things will be sorted out, which invariably never actually gets done. So you have to call again, brave the filter, and you speak to someone else, have to relate the whole story again, get the apologies, hear the promises and the whole situation swings into a loop like something out of Groundhog Day!
A week or two later, the Huissier (clearly ignoring what he had been told on the phone) sent a further letter allowing them to pay the amount due by monthly instalments. At this point the couple forwarded copies of the original SFR letter (stating that they would be dealing with the cancelling of the Orange contract) by
Accuse de Reception (recorded delivery), in an attempt to prove that they would only ever followed instructions. SFR were also sent a copy of all these documents, it was hoped that they might confirm the position and solve the problem, but sadly this did not happen.
Shortly after this, a final document was received from the Huissier threatening to seize the couple’s bank account, their furniture, and their salary, to pay the debt. Now, remember, we are only talking about 96 Euros here! The Huissier was called again and this time informed that legal advice would be taken if they persisted and reminded that they had already been sent all the required information to prove that this couple were not responsible for the debt.
Caution Wet floors
An apology was eventually received and the (by now) rather worn couple were told that this had all been a mistake. The lesson learned was the importance of understanding fully the processes involved in cancelling any sort of contract; fighting such claims correctly; keeping all copies of correspondence and planning always for the worst. It can be very difficult when people fall foul of the systems and cannot speak the language. This dispute proved that sometimes people can become unwitting victims of company incompetence; lack of customer service and also possibly deliberately underhand-tricks. Please be careful.
Just when you thought it was safe!
A further internet customer was receiving an ineffective service, so they phoned another supplier who promised to send a new box, disconnect and reconnect their broadband system; this was done rapidly and worked well. The client signed all the paperwork for the new supplier and wrote to the old supplier to cancel their contract, but sent the letter by ordinary post – with no proof (as you would have if it had been mailed by Accuse de Reception), allegedly such companies ‘bin’ these (no proof) letters and they are never received!
Without the written assurances from their new supplier that they would arrange the cancellation (as in the 1 case above) this person was taken to court for three months unpaid internet service by their original supplier.
Unfortunately, even when the three months service was paid for, these poor folks then received a further demand for the next 3 months as the contract was still not deemed to have been correctly cancelled. This subsequent demand attracted the same letters (including the ‘we will take your furniture’ type) from the Huissier.
Paying outstanding money for an unused and unwanted service doesn’t cancel the contract and the company will continue to charge until everything is cancelled correctly. You can sometimes end up paying for nearly 12 months of payments for nothing at all. Nothing should be assumed and importantly -nothing you are told on the phone, relied upon. To cancel a contract it has to be done correctly – give sufficient notice, at least 2 months before the end of the contract term (check the length of
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