# Troubles with Internet company



## laura_goldy (Aug 28, 2013)

Hi All,

We made DSL contract with Jazztel at the beginning of 2013 which can be terminated on monthly base.

In November last year their promotional team called my husband to offer 20% discount on monthly bills, however that person did not reveal in order to get 20% discount she changed our contract terms to make it permanent contract for one year.

For last 2 months we are having series of internet connection problems, the wifi signal is not functioning properly and has very weak singal ( despite 3 bars showing we just can not open website for lengthy time). We called the customer service team to fix the problem, but they exchanged the router which has not changed much. Secondly, they said some of the internet cables might have got damaged, to fix this they are going to send technician to whom we have to pay around 70Euros. 

Because of this mess my husband called to cancel the contract and he has been told that he made VERBAL CONTRACT during our conversation in last November when they offered us 20% discount on monthly internet bill. Since we never knew they made these changes, we asked them to send us audio recording to listen. However they said, these promotional calls never gets recorded.

Neither they did not send us email confirmation of new changes in contract, also no postal information. Basically there is no proof changes.

When we demanded them to terminate contract they asked us to pay 180Euros as penalty or asked us to continue as customer till end of contract. Also asked to file complaint at consumer forum, unfortunately we are not aware of this consumer forum.

We are very disappointed with Jazztel, being such big company how means this company is for us.

Now shall I take this matter to consumer forum, take a lawyer or pay that 180Euros for this cheaters?

I would really appreciate your suggestions and help

cheers,
Laura


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## baldilocks (Mar 7, 2010)

laura_goldy said:


> Hi All,
> 
> We made DSL contract with Jazztel at the beginning of 2013 which can be terminated on monthly base.
> 
> ...


First step. ask for a "Hoja de Reclamaciones" - that's the complaints book, They must by law have one and supply you with it if asked. It usually prompts action.


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## laura_goldy (Aug 28, 2013)

baldilocks said:


> First step. ask for a "Hoja de Reclamaciones" - that's the complaints book, They must by law have one and supply you with it if asked. It usually prompts action.


Thanks, we do that.
Any other suggestions if that does not help?


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## Pesky Wesky (May 10, 2009)

laura_goldy said:


> Thanks, we do that.
> Any other suggestions if that does not help?


Try getting in touch with one of these offices and they may be able to help you. For example where to get the Hoja de Reclamacion tat Baldilocks mentioned when they don't have a physical presence.
https://www.zaragoza.es/ciudad/consumo/puntosinfor.htm
And don't forget that El Ministerio de Industria actually has a help line specifically for complaints against telecommunications companies, which I think is absolutely shocking, but here it is
Oficina de Atención al Usuario de Telecomunicaciones - Oficina de Atención al Usuario de Telecomunicaciones
If this runs efficiently it may be better to contact them first...


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## thrax (Nov 13, 2008)

In UK verbal contracts are legal but I'm not sure about Spain. Many building licences were granted verbally in the past which subsequently were not supported in law. If they do not have a recording of the conversation then it would be their word against yours. I have seen other complaints against this company but to be fair I have also seen posts praising them. Are the damaged cables on your property or elsewhere? If elsewhere and they expect you to pay then that is incorrect as it is their property, unless they are using Telefonica cables but in either case you are not liable for the repair unless they can prove you damaged them. If the cables in question are on your property they still belong to the company and they would still have to prove you damaged them before you have to pay.


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## laura_goldy (Aug 28, 2013)

Pesky Wesky said:


> Try getting in touch with one of these offices and they may be able to help you. For example where to get the Hoja de Reclamacion tat Baldilocks mentioned when they don't have a physical presence.
> https://www.zaragoza.es/ciudad/consumo/puntosinfor.htm
> And don't forget that El Ministerio de Industria actually has a help line specifically for complaints against telecommunications companies, which I think is absolutely shocking, but here it is
> Oficina de Atención al Usuario de Telecomunicaciones - Oficina de Atención al Usuario de Telecomunicaciones
> If this runs efficiently it may be better to contact them first...


many thanks for the links, we will call tomorrow to see if we get some help from them


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## laura_goldy (Aug 28, 2013)

thrax said:


> In UK verbal contracts are legal but I'm not sure about Spain. Many building licences were granted verbally in the past which subsequently were not supported in law. If they do not have a recording of the conversation then it would be their word against yours. I have seen other complaints against this company but to be fair I have also seen posts praising them. Are the damaged cables on your property or elsewhere? If elsewhere and they expect you to pay then that is incorrect as it is their property, unless they are using Telefonica cables but in either case you are not liable for the repair unless they can prove you damaged them. If the cables in question are on your property they still belong to the company and they would still have to prove you damaged them before you have to pay.


Their customer service is rude to us. They are just saying we MUST pay in order to check if there is any damage in cables. Its same with contract, we MUST pay although they can´t give us any proof of permanent contract. Its just frustrating us when we call them,they are just going to same point, ie PAY.

Can we find a lawyer who can deal with it, of course we are not aware of their fees and how it works with this kind of claims. Is there any lawyers who can deal with this no win-no fee type?. 

many thanks again,


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## mrypg9 (Apr 26, 2008)

If something like thishad happened in the UK I would simply have refused any further payment and found a new internet service provider. I would have left it to the company to make the first move.

But this is Spain....


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## Madliz (Feb 4, 2011)

Go to your _ayuntamiento_ and ask for information about their _ Oficina Municipal de Información al Consumidor _ or OMIC. I had terrible trouble with Vodafone, including them sending letters from a debt collection agency for a sum I was not liable for. I tried and tried, called and wrote, worried and frustrated, until somebody advised me to contact OMIC. They were extremely helpful and within two weeks I had a full refund of the money they had 'stolen' from me, with compensation. I was told that the major problems they have here are with telecom and utility companies. My local office is open one day a fortnight and there's often a queue.
Take a folder with everything you have - dates, notes of conversations, bills, anything relevant - and good luck!


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## Pesky Wesky (May 10, 2009)

Madliz said:


> Go to your _ayuntamiento_ and ask for information about their _ Oficina Municipal de Información al Consumidor _ or OMIC. I had terrible trouble with Vodafone, including them sending letters from a debt collection agency for a sum I was not liable for. I tried and tried, called and wrote, worried and frustrated, until somebody advised me to contact OMIC. They were extremely helpful and within two weeks I had a full refund of the money they had 'stolen' from me, with compensation. I was told that the major problems they have here are with telecom and utility companies. My local office is open one day a fortnight and there's often a queue.
> Take a folder with everything you have - dates, notes of conversations, bills, anything relevant - and good luck!


Liz, It seems that in Zaragoza the OMIC is called PIC Puntos de información al Consumidor and I gave a link in my previous post.
I must say when I had a problem with Orange the OMIC wasn't very helpful 'cos they said they'd need three weeks to get round to it and we'd already been several weeks without a phone line!! Still, you had better luck.


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## Pesky Wesky (May 10, 2009)

thrax said:


> In UK verbal contracts are legal but I'm not sure about Spain. Many building licences were granted verbally in the past which subsequently were not supported in law. If they do not have a recording of the conversation then it would be their word against yours. I have seen other complaints against this company but to be fair I have also seen posts praising them. Are the damaged cables on your property or elsewhere? If elsewhere and they expect you to pay then that is incorrect as it is their property, unless they are using Telefonica cables but in either case you are not liable for the repair unless they can prove you damaged them. If the cables in question are on your property they still belong to the company and they would still have to prove you damaged them before you have to pay.


I _think_...
the question here is not the cables, but the change in contract with no proof. I don't see how it can be legal to have a verbal agreement in the 21st century in Europe, with no recorded conversation. Call centres record a high precentage of their calls, why wouldn't they record this one?
As far as the cables go I believe that if they are on your property they are your responsibility. (Anecdote - a friend of mine is having fibre optic installed, but needs to install the cable himself from the road to the house ie on his own property) How you would actually damage your own cable work is another story. I think it would more likely be rats/ tree roots etc so it would be a case of _where_ the damaged cables are not _who_ damaged them!
You might want to explain the situation to Moviestar and see if they would help with the cable problem. They own all of the cablework in Spain practically anyway and the other companies pay to use it.


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## mrypg9 (Apr 26, 2008)

Pesky Wesky said:


> I _think_...
> the question here is not the cables, but the change in contract with no proof. I don't see how it can be legal to have a verbal agreement in the 21st century in Europe, with no recorded conversation. Call centres record a high precentage of their calls, why wouldn't they record this one?
> As far as the cables go I believe that if they are on your property they are your responsibility. (Anecdote - a friend of mine is having fibre optic installed, but needs to install the cable himself from the road to the house ie on his own property) How you would actually damage your own cable work is another story. I think it would more likely be rats/ tree roots etc so it would be a case of _where_ the damaged cables are not _who_ damaged them!
> You might want to explain the situation to Moviestar and see if they would help with the cable problem. They own all of the cablework in Spain practically anyway and the other companies pay to use it.


I'm pretty sure that 'non- paper' aka verbal contracts have no legal force in the UK. How could they be challenged in court? It's down to 'I said/ you said'.
I had a similar problem with Orange years ago and told them to get stuffed.
End of the affair.


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## Pesky Wesky (May 10, 2009)

mrypg9 said:


> I'm pretty sure that 'non- paper' aka verbal contracts have no legal force in the UK. How could they be challenged in court? It's down to 'I said/ you said'.
> I had a similar problem with Orange years ago and told them to get stuffed.
> End of the affair.


Well, maybe if you have a recording there would be some legal force, but in this case the company hasn't been able to come up with one so I think get stuffed is in order, but it doesn't solve the problem of the bad internet service they have now. 
Also, it is important to close the door properly on Jazztel because these things do have a tendency to pop again months, even years later and can cause problems even though they are not in the right.


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## baldilocks (Mar 7, 2010)

mrypg9 said:


> * told them to get stuffed.*
> End of the affair.


Mary, you have such a wonderful way with words. The benefits of a university education, no doubt.


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## laura_goldy (Aug 28, 2013)

Pesky Wesky said:


> Well, maybe if you have a recording there would be some legal force, but in this case the company hasn't been able to come up with one so I think get stuffed is in order, but it doesn't solve the problem of the bad internet service they have now.
> Also, it is important to close the door properly on Jazztel because these things do have a tendency to pop again months, even years later and can cause problems even though they are not in the right.


@Pesky and mrypg9, thank you for valuable advices  . I will post the news once I get any resolutions.


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