Contracts
This category involves disputes stemming from:
- terms and conditions such as pricing
- the enforcement of terms and conditions of a contract
- the variation of a contract by a service provider to the detriment of its customers.
Contracts complaint issues have increased by 77% during 2008/09.
The main issues in this category included claims by consumers that:
- they were not provided enough information or advice at the point of sale about the service or the terms and conditions for the service. This formed 45.1% of contracts issues in 2008/09
- providers sought to enforce terms of a contract unfairly or inappropriately
- they were unaware at the outset that they were on a fixed-term contract
- service providers unilaterally varied the terms of their contracts. For example, a service provider increased the
prices for the service compared to what was offered at the point of sale, or the service provider introduced a change to the usage limit under a plan
- they were provided with misleading or incomplete information at the point of sale about network coverage
- there was a delay in the termination or cancellation of a service and they continued to be charged for the service
- they received incorrect advice or were not provided any advice about termination fees when they sought to terminate the service.
Contract issues by category
|
2006/07 |
2007/08 |
2008/09 |
| Point of sale advice — product and terms |
8 779 |
48.40% |
13 026 |
42.90% |
24 255 |
45.10% |
| Variation of terms |
1 521 |
8.40% |
2 671 |
8.80% |
3 748 |
7.00% |
| Enforcement of terms |
1 757 |
9.70% |
2 577 |
8.50% |
4 918 |
9.10% |
| Termination — delay |
1 257 |
6.90% |
2 381 |
7.80% |
4 080 |
7.60% |
| Point of sale advice — coverage |
822 |
4.50% |
2 079 |
6.80% |
3 242 |
6.00% |
| Termination advice — termination fee |
1 026 |
5.70% |
1 542 |
5.10% |
2 045 |
3.80% |
| Deny all knowledge |
133 |
0.70% |
1 403 |
4.60% |
3 976 |
7.40% |
| Sales tactics |
617 |
3.40% |
1 167 |
3.80% |
1 604 |
3.00% |
| Point of sale advice — cooling off |
375 |
2.10% |
719 |
2.40% |
925 |
1.70% |
| Point of sale advice — termination fee |
336 |
1.90% |
616 |
2.00% |
929 |
1.70% |
| Impaired decision making |
376 |
2.10% |
597 |
2.00% |
976 |
1.80% |
| Failure to provide contract |
491 |
2.70% |
581 |
1.90% |
1 330 |
2.50% |
| Others |
658 |
3.60% |
1 032 |
3.40% |
1 786 |
3.30% |
| Total |
18 148 |
|
30 391 |
|
53 814 |
|
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