Submitted To Me On December 8th, 2005 by (name withheld by request - complainant notified me on February 8th 2006 that a settlement had been reached with Telus)
Here is an actual complaint I have filed with CRTC
Telus has unilaterally applied a $120 cancellation fee as a direct result of my decision to exercise my right to transfer services to another provider who has finally been able to offer to some credible competition on the delivery of local phone services.
I cancelled my telus bundle, which included phone and internet service to Shaw for a phone, internet and cable bundle. As a result of that decision I am now being charged $120 unilaterally by Telus and without my agreement.
I have been a Telus customer for many years and have changed my service often over the course of time. I switched to add internet, later adding high speed internet, later adding call forwarding, call waiting, and a long distance plan, later taking off call waiting, and call forwarding and scaling back my long distance plan. All these adjustments were made verbally and over the phone with no penalties for changing my service.
I also called to put a 1-900 block on my phone as a person living in my household was using those services on my line without my permission. I was advised at that time of a fee that would incur if I wanted that block taken to be taken off at a later date.
The administrative fee of $120 arising from me canceling my service and opting to go with the competition was not communicated to me prior to December 6th and I never signed any document suggesting I agree with such a substantial change in my contract with Telus.
The only record of this is a unilateral account taken by an agent working at that time. Those notes indicate a fee was raised(it was probably a tick box on a standard form developed by legal department for mass administration). I take notes as well, as shown in my previous correspondence and I am a sophisticated client well versed in administrative law.
Given that I recently contacted Telus and talked to four people to get my internet cancelled and it was still not completed, I question the credibility that the agent in questions recalls a conversation she had with me in April of 2005 with the specificity required to accurately determine whether she indeed advised me of a $120 fee and a three year commitment as Telus now alleges.
It just did not happen. I was never informed of a $120 fee nor a three year commitment. I would remember that as it is a substantive change in the operation and manner of how Telus and I have normally interfaced.
I have never attracted punitive administrative fees through the course of other adjustments to my contract. The alleged long term commitment to the provider is a term of the contract that exceeds the contract for the services provided for and exceeds anything I have agreed to.
If such a substantial change were to be made, I should have been sent the terms and conditions in paper for my review and signing. I never agreed to this term and condition, and the fee does not form any part of my contract with Telus. This is punitive, a condition that could only be imposed out of the ashes of a monopoly and it is against public interest to punish Albertans who want to give some of the competition a try.
Further, the common law rule of contra proferentum states that if there is a question with respect to the interpretation of a contract (in this case whether or not something has been agreed to)it must be interpreted in such a way that benefits the party that did not draft the contract. In this case me. The rationale for this is that the party drafting the contract has every opportunity to make the terms and conditions clear. In this case Telus had every opportunity to provide me documentation of the new punitive terms of the contract and obtain my agreement and confirm said agreement via a signature. They failed to do so, relying instead on a sneaky backhanded way of alleging agreement without in fact laying out an accurate account of the terms and conditions for the benefit of at that time captive consumer.
Please remedy this matter. Telus going to bill me, I am not going to pay that bill, and Telus will then black mark my credit rating and bully a customer they only had for the length of time they did because of an artificially create monopoly.