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I had a $99 a month mobile a/c with Telstra. Last year we…

I had a $99...

I had a $99 a month mobile a/c with Telstra. Last year we were waiting for NBN to be installed & they cut off our ADSL. They ended up taking 3 weeks to install it. In the meantime my 8 yr old grandson was using my mobile to tether to the computer. I was unaware he had used all my data & Telstra kept adding to it, with Ayden removing each message. This amounted to $3,500. I contacted Telstra and told them there was no way I could pay this as I am on pension. I was told I that I was still liable for that amount. Meanwhile they have also added $2,500 fee as I broke my agreement. I have attempted to pay & recently paid $1,000 over 2 months and smaller amounts before that. I am struggling to make such high payments and have been told this has happened to customers of Vodafone & Optus & they wiped the debt. Is there anything I can do as I was always on time paying the $99 monthly account.

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Qld

Lawyer's Assistant: What steps have you taken so far?

It has now gone to a collection agency & I have been in contact with them, I was informed if I paid $4,300 they would accept this but I am unable to pay this amount. Before this I had been in touch with Telstra hardship but they wouldn't budge.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is it.

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Answered in 2 minutes by:
3/26/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Afternoon,

when you are speaking to them, did you ask them to terminate the agreement?

It is at their discretion if they wiped the debts, but if you have been misled or treated unfairly you have a right to make an application to the telecommunication industry ombudsman and request that the debt be white.

Before you do that though, you should lodge a formal complaint in writing to Telstra setting out your understanding of the contract when you took out the phone and what has happened.

You set out their failure to explain the contract to you properly and that had you been away of these terms when you took out the contract, you would not have agreed.

You then give them 14 days within which to rectify the problem and if they refuse you then use this letter as part of your evidence to the telecommunication industry ombudsman to lodge your complaint.

If you did not terminate the contract early, and they have terminated it themselves, you are also entitled to a refund of the early termination fee they have charged you.

You also make sure in your letter to Telstra, that whilst this is being investigated that they will not be charging you any penalty interest or making any further demands that the outstanding money until this is resolved.

As you are a pensioner I would also suggest you provide them with a detailed financial statement showing all your income and your expenses and that there is not enough money to be able to pay them.

This is the correct process to take and make sure that you have copies of everything that you send them as evidence that you will then produce to the telecommunication industry ombudsman if the matter is to go down that path.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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