Contracts With Rogers

So I’ve been thinking about canceling my cell phone. The bottom line isn’t very pretty: $25 for the voice plan, $30 for the data, the outrageous $7 service fee and then there are taxes. That’s a lot of money to spend for a guy that hardly talks on the phone and has the internet at home. It’s embarrassing that my wife and I pay more for our cell phones that all of our other utilities combined.

I called Rogers today to try and cancel, and boy was it difficult and I haven’t been able to do it. Rogers says we’re under contract until Jan. 2012 and they will charge us $500 to cancel. Apparently a change that I made in January triggered a three year contract renewal. The change was switching to a family plan which saved us $5 or $10. Prior to this, our phones were considered separate deals and my phone line was not under a 3 year contract. By switching to the family plan, this supposedly triggered a contract renewal for both phones. As much as I may not like it, a deal is a deal… However, there are some problems with this. First, Rogers is holding us to some very specific and non-obvious clauses to the contract and it’s their right to do that. However, it is my right to do the same. The problem is that after speaking with customer service, accounts receivable and the tracking department, no one in Rogers has a copy of our contract. They just say we have one. That’s a pretty big problem as far as I can tell. Not only do I think they cannot enforce a contract that no one has, but it also means that it is impossible for me to review the contract to ensure that what they say is correct.

Another contract problem is that I want to cancel my data plan. I signed up for the 6gb promo plan last summer. I also signed up for Mercy. In both cases, and in multilple phone calls I was assured that I was committed to these plans for 1 year and there was a $100 early cancellation fee. Now Rogers is saying this is not possible, and that it had to be a 3 year contract. I know with certainty that I made 4 phone inquiries on these data promotions and each time I was told the same thing.

I’m not sure what I’ll do next. I may call customer service again, reiterate my plans and ask to speak with managers. Originally I was going to switch to a pay as you go plan, but I’m willing to accept their cheapest voice plan if they waive the $7 service fee.

3 comments on “Contracts With Rogers

  1. Assumsit contracts (contracts that are forced upon you without your knowledge or consent) have been illegal for centuries – since around the time of the Magna Carta. Don’t bother calling and trying to talk to managers, that doesn’t really give you any thing you can use against them and almost certainly will not get you the results you want.

    Put your time to good use and write them a letter instead. Deny any knowledge of the existence of a contract. State that you will be happy to fulfill any and all obligations upon their producing a copy of contract you supposedly entered into. Give them 30 days from the date of receipt to do so. State that if they fail to produce the contract within that time they will be considered to have vacated their position: Qui tacet consentire videtur – he who does not object, consents. That is a legal maxim and will hold up in any court. Advise them to send any and all correspondence via registered mail and that they alone are responsible for ensuring that their correspondence to you arrives within the specified time frame.

    Be reasonable and give them every opportunity to prove their position. State that if they are unable to produce a written contract, they may respond in writing within the 30 day time period to request additional time in order to produce voice tapes that prove your verbal consent over the phone and that upon such a request, an additional 30 or 60 or 90 days, whatever you think is fair, will be granted. Remember, your stance is that there is no contract so don’t be pushed around by them – you are in control of the situation so you dictate the terms, not them.

    Be firm. State that if they are completely unable to prove the existence of any contract then they are to cease sending you any bills pertaining to that supposed contract. State that any and all future bills sent will be used as forensic evidence of extortion should they wish to pursue action against you, either in court or through collections.

    Keep a copy of the letter for yourself and send the original via registered mail. That way you will be able to prove receipt, and the exact date of receipt. Unless they can produce the contract, you got them by the short and curlies.

    You will probably never hear from them again. Think about it: if they can’t prove existence of a contract to you, they won’t be able to prove it to a court either and the burden of proof is always on the plaintiff.

    Should they bypass court and refer you directly to collections, you can turn around and sue them for harassment. With all your paperwork, the burden of proof is no problem for you and you will be sustain your claim. Though, as above, you will probably never hear from them.

  2. I am officially firing that deabbeat Dhillon and hiring you as my legal cousnel.

  3. How does a person determine the appropriate person/position to send the letter to?

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