Telstra Mobile Plan Changed by JB HiFi Without My Consent

Does anyone here have experience with a Telstra dealer changing phone plan without consent? I'm especially interested in whether Telstra can in fact revert to an old contract if a customer did not authorise changes, or whether it is true that they can't do that. I'm also interested in whether the end date of a contract can be varied on their system.

I bought an LG G4 last November on a Telstra $70 phone plan. Because I complained to Telstra about their new customer offers they agreed to provide me with a $20 discount so I was paying $50 for the plan. As the local Telstra stores had run out of stock they sent me in to JB Hi Fi in Rouse Hill. Bluetooth and WIFI died in January and the phone was replaced as it was under 90 days by JB. But then it happened again in July. So I took it in to JB.

I went in yesterday to sort it after waiting over 5 weeks for my phone to be repaired under warranty and being given different stories by the repairer about parts availability (2 weeks ago they said they had parts the phone was in the queue. This week they said they didn't have the motherboard and LG couldn't give them an ETA). I had called Fair Trading that morning. At first they just told me that was how it was and that I'd just have to wait and again offered me a loan phone. (Their loan phones are no better than my old Samsung Galaxy S4, so I'm just using that).

After I threatened to put in a complaint with Fair Trading and after a phone call with the regional manager and some other checking, the manager agreed to give me a new phone. He asked for 40 minutes or so to organise it. I told him I'd be back in an hour. When I got back they had, without my permission moved me from my $70 phone plan to a $35 casual go plan. They insisted that this was the only way it could be done and that everything – included calls and data etc. would be the same from my point of view once they were done and that JB would pay the costs. I told them I was nervous about changes to my plan, needed to keep my number which i have had since 1998, and wasn't sure that was a good idea given that i had some ongoing discounts bringing what I paid for the plan down to $50. Bear in mind that at this point they had made the changes without my authorisation while I was out of the store. They said they needed more time. So I then went across to the Telstra store and got a copy of my bill with the discounts highlighted. To make matters worse they were unable to register the IMEI of the phone they had in store so they won't be giving me a phone till Saturday.

Meanwhile I checked and sure enough they'd moved me to a $35 plan with just 500MB data etc. I verified with Telstra chat and had a note put on that I did not agree to contract changes. I called JB back and was again assured it would all be the same when it was all complete. Then the manager called me back and asked what my concerns were. I told him I hadn't walked in to change plans – I just wanted the phone replaced under warranty. So what they appear to have now done is move me back to my original plan, but they have recontracted me.

On my next Telstra 24x7 chat that evening the original operator said that the dealer could not change contract without my consent and that I must have agreed. She basically called me a liar. I asked to talk to her supervisor who reapplied the discounts, agreed Telstra would honor my original contract end date (Nov 2017), and verified that all inclusions etc were the same. She provided a reference number.

When I noticed that my contract end date hadn't changed I got back on to 24x7 chat and spoke to the supervisior again. She said that they couldn't change the automated system, and that I should keep the reference number instead.

So last night I put in a complaint with Telstra over the whole mess. I also posted on both JB and Telstra 24x7's Facebook pages. It's unbelievable that if a dealer changes your contract without your consent they can't reverse it. And I don't want to have to keep a reference number and a chat transcript as proof of a conversation that may make it difficult or impossible to take up offers later on.

It looks like I'll be following up with complaints to TIO and Fair Trading. I'll wait to see if JB supply the phone tomorrow. I won't be signing anything to do with contracts so we'll see if that's a sticking point.

I have no idea if this is as a result of incompetence where they were actually trying to help (because there were some signs that they were) or malice because I threatened to go to Fair Trading. Either way it doesn't matter. They shouldn't have changed contract without even asking beforehand, and they've created an absolute mess for me for the next 15 months or so instead of just being without a phone.

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Comments

  • I had the exact same problem with my cable broadband plan. They removed my bundle (without my consent, when I complained they claimed the system auto-corrected because it was not possible I have a cable bundle at my address), changed me from bundle to a separate broadband plan and cancelled my phone line. I cheated and had to sign up for a separate phone plan and have the separate broadband plan aswell and then contacted the billing department to say that I was on a bundle and should be charged as a bundle. They tried to recharge activation fee.

    Anyways nightmare to deal with. This company has shit loads of problems. Sad they're the biggest telco in Australia.

    • um… you cheated the system, your situation is 100% different to op's, op had clean hands , you sir did/do not.

  • I am at Rouse Hill right now to pick up the phone. They wanted me to sign a new contract today based on a note on Telstras system from yesterday. I refused and said I would only sign that I had picked up the phone, not for a new contract that they can't alter. It's only going to get messier now. Waiting on thrm to call me after manager talks to regional manager. Having cancelled the original contract I don't know what the system will let them do. They can't give me a replacement on a phone on a contract that doesn't exist. Thry tore up the old one without my consent and I refuse to sign a new one. I would guess this will end up with tio ans fair trading.

    • +1

      They tore up the old one without my consent and I refuse to sign a new one.

      If that is truly the case, I don't see why you can't just port your number out and walk away. Wouldn't that be the easiest thing for you to do.

      • They have me on another contract. They just don't have my signature so it's not legally valid.

        I was getting the $70 plan for $50 a month with a phone. That is a pretty sweet deal. But more importantly reception at home and at work is best with Telstra. I've had other services on Virgin, Optus and Voda and they don't work well. I do on call work and I have always provided my home phone as a backup number. But it's a pain.

  • +1

    are you sure that jb hi fi was not just using the new contract to bypass some red tape and would have indeed sorted it out for you ?
    and no they can not change the terms of contract without your consent unless you 1 = falsified/mislead/lied to achieve the contract 2 = broke terms of the contract.

    and telstra really had little to do with it , dono why you are dragging their name into it ( i have no telstra service and would not get one in my current situation )… you kinda made the situation harder by talking to both jb + telstra.

    • They do claim they were bypassing red tape BUT that still would have left me recontracted for 24 months. And they originally put me on a $35 plan for some reason rather than putting me on the same $70 one I am on. No idea why. And despite their assurances I had to use 24x7 chat to reinstate discounts and get agreement on the contract.

      The contract is with Telstra. JB HiFi is acting as their dealer. Telstra do not appear to have a process in place to undo a change to a contract that was not authorised. Nor do they have a way to alter the end date of a contract on their systems. That would mean if they had an online only offer I wouldn't be able to take it up for 24 months. The Telstra chat representative told me that I had agreed to the change even though I told her I wasn't in store at the time. She said that isn't how it works. Essentially calling me a liar. Only when I escalated to the manager did I get any kind of respect. How on earth can you possibly say " telstra really had little to do with it , dono why you are dragging their name into it"? Lack of controls and checks, dealers that act without authorisation, staff that call customers liars and systems that can't be updated to reflect what they agree upon.

      JB HiFi is now scrambling to have me sign a contract. They've offered me 3 different contracts now. And on my way home I got a call from the manager who wanted to sort it today or tomorrow offering to keep the discounts on a $70 plan with better conditions (so I would stil pay $50). If so that is a better deal for me and I will take it. But he was reluctant to put it in writing.

      I'm actually worried that if I don't take up an offer it could lead to someone losing their job. Despite being messed around I really don't want that. I work for a living too.

  • +2

    They've offered to put me on a $70 Go mobile casual plan and retain the $20/month credit and no charges for breaking contract. That brings calls from $600 on my old plan up to unlimited and data from 2.5GB to 7GB. I think that's quite reasonable. I get a new LG G4. I get out of a long term contract, I get everything I had plus more, and hopefully this reduces the chance of anyone being reprimanded too severely or losing their job.

    • That's a good win!

      • Yep and just to be sure I wouldn't be up for termination fees and that Telstra can provide those discounts I fired up a 24x7 chat this morning. They did ask if I'd be willing to go to a 12 month plan instead and I said no based on my existing agreement with JB HiFi and the fact that I expect the new LG G4 will also boot loop.

        I'm doing everything I can to ensure I'm not screwed over. I will admit I had trouble sleeping last night and didn't get to be until 3am dealing with this mess (responding to Telstra email). From the chat transcripts:

        "[TELSTRA SUPERVISOR NAME REDACTED]
        Here is what we are going to do to have this resolved:
        1.Since you were recontracted to, I am happy to cover the charges for changing to a new plan. I
        will cover the ETC's such as for the plan and the handset
        Sammy
        Is this for all plans up till now. The original $70 plan, the $35 plan, the new $70 plan I am on as of
        this time?
        [TELSTRA SUPERVISOR NAME REDACTED]
        Yes that is correct Sammy"

        and

        "
        [TELSTRA SUPERVISOR NAME REDACTED]
        Please keep this reference number INT [REDACTED] as we have agreed to a resolution:
        1.Since you were recontracted to, I am happy to cover the charges for changing to a new plan. I
        will cover the ETC's such as for the plan and the handset
        2.$70 Mobile GO Casual plan.( no contract) with $20discount/month making it $50/month
        "

        and

        "
        [TELSTRA SUPERVISOR NAME REDACTED]
        You're most welcome Sammy. Please do get back in touch with me with the reference number that
        I have provided so that we can cover the charges once it appears on your bill
        [TELSTRA SUPERVISOR NAME REDACTED]
        Since you have agreed to our resolution, can we now close your complaint as resolved?
        Sammy
        I will get in touch via 24x7 chat mid next week to confirm everything is as it should be and if any
        charges appear I will query them.
        Sammy
        Please hold off on closing the complaint until I receive the phone later this morning.
        TELSTRA SUPERVISOR
        Thank you. Please keep the reference number that I have provided.
        "

        I also have assurances I will keep the same number.

  • New phone, more calls/more data, no block in contract……
    Despite the headache and the hassle, and undue stress, not a bad outcome in the end?

    My G4 just boot looped and trying to find a replacement quickly

      • I literally spent 3 mornings in Rouse Hill shopping center.
      • I probably spent 3-4 hours on Telstra 24x7 chat.
      • Another 2 with emails going back and forth.
      • I spent 2 days getting the phone set up. The first time I got everything I wanted on it I had to reset due to an error "settings.android.com" has crashed every time I went into Apps or Storage->Apps in the settings.
      • I still have to chase up the receipt for the phone itself. I should get that today or tomorrow.
      • I now have to watch my bill like a hawk for a few cycles. There are 2 contracts that were cancelled where they waived the charges with a total of over $3000. I DO NOT want to have to pay that then have it refunded. I have literally lost sleep over that.
      • I still have an LG G4 which I expect to last only a few months at best.
      • Because this phone is on Marshmallow I had to use a trick with ADB to partition the card. The latest OTA update from LG doesn't support adopted storage. To get all my apps on to fit on the phone I split the SD card 50/50, then had to manually format and mount partitions. Good thing I can follow instructions and understand operating systems well enough for this.
      • I was out a phone for almost 6 weeks. I had to use my old Samsung Galaxy S4 in the meantime.
      • (very minor nitpick) I'm out a new screen protector.
      • I had one Telstra employee imply I was a liar.

      • I have been supplied with the H815T version of the LG G4 which does more frequencies than the Telstra H815K.

      • Contract is better - unlimited calls (won't use them but don't have to worry), more data so I don't have to watch it as closely.
      • No longer locked in by the contract. (Locked in by circumstances though. Telstra reception is the only workable solution where I live).

      Yes the end solution is acceptable…some might even call it generous. I'd rather have just had my phone fixed and not gone through all that. This won't be over till I've seen 2 or 3 more bills.

      The irony is I bought the phone from JB after being directed to do so by Telstra due to their stores selling out their last stock while another dispute was resolved (hence my unusual $20 discounts). Worse, the girl at the neighbouring Telstra store said if I had brought the phone to the Telstra shop I'd have had a new handset regardless in 10 days. I asked when I bought the phone where it should be taken in the event of a warranty issue and JB said to bring it to them. I had no idea I could have gone to the Telstra shop.

      • +1

        I feel your pain…..trust me I do.

        A lesser man would have lost their shit already

        I know what you went.through

        • I have never known losing one's cool to bring good things so I controlled myself. I did however lose sleep and let it get to me. Which I was determined I wasn't going to let happen due to the phone repair delay….that was until they threw in the curve ball of changing my plan.

  • Linking to original thread on warranty issue

    https://www.ozbargain.com.au/node/257006

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