Free charges me and imposes penalties
usapbarca
Posted messages
93
Status
Member
-
Anonymous user -
Anonymous user -
Hello,
I am reaching out for your help because I am very upset.
- On July 1, 2014, I signed up for a Freebox contract at €29.90 per month.
- I am debited €29.90 every month.
- Last week, I decided to suspend the automatic withdrawals from my bank account.
- Today, September 9, 2014, my Freebox still does not work and has never worked despite opening about ten incident tickets and the intervention of a Free technician.
In addition to sending me a bill of €29.90 for the month of September, Free has imposed a penalty of €7.50 for refusing the withdrawal, even though the services have never worked.
Moreover, Free has threatened to take legal action against me.
According to Free's hotline, I have two options:
- Either pay €29.90 + penalties.
- Or pay €29.90 pro rata + penalties + a cancellation fee of €49.90.
I feel trapped with Free, and I don't know what to do anymore. It has been three months that I have been fighting, and I am tired of paying for nothing and not having internet...
What are my options?
Thank you for your help.
I am reaching out for your help because I am very upset.
- On July 1, 2014, I signed up for a Freebox contract at €29.90 per month.
- I am debited €29.90 every month.
- Last week, I decided to suspend the automatic withdrawals from my bank account.
- Today, September 9, 2014, my Freebox still does not work and has never worked despite opening about ten incident tickets and the intervention of a Free technician.
In addition to sending me a bill of €29.90 for the month of September, Free has imposed a penalty of €7.50 for refusing the withdrawal, even though the services have never worked.
Moreover, Free has threatened to take legal action against me.
According to Free's hotline, I have two options:
- Either pay €29.90 + penalties.
- Or pay €29.90 pro rata + penalties + a cancellation fee of €49.90.
I feel trapped with Free, and I don't know what to do anymore. It has been three months that I have been fighting, and I am tired of paying for nothing and not having internet...
What are my options?
Thank you for your help.
2 answers
-
Hello,
Free has a DUTY TO ACHIEVE RESULTS and a OBLIGATION OF MEANS
always exhaust all amicable remedies, the Judges appreciate!
The seller is Free and no one else!!!
In any case, there is the legal warranty of compliance from the Consumer Code. In particular, Article L211-5 states:
*******************************************************
To be compliant with the contract, the item must:
1° Be fit for the habitual use expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
2° Or present the characteristics defined by mutual agreement of the parties or be fit for any special use sought by the buyer, communicated to the seller and accepted by them.
***********************************************************
This applies to your case. Your modem does not provide the expected use. So no problem. If you want the situation to be resolved quickly, first attempt an amicable settlement. If not, well, then you will have to file a complaint as a last resort after sending an injunction to the management of Free. If the situation does not progress, then go to the local Justice (free). Since you cannot use your box, you have suffered significant moral harm. You can make yourself a Civil Party and, as such, request damages and a penalty, for example, €200 per day.
You can/must also contact UFC Que Choisir
https://www.legifrance.gouv.fr/codes/id/LEGISCTA000006161839/2020-12-08/
https://www.legifrance.gouv.fr/codes/id/LEGIARTI000006292209/2010-06-15/
https://www.quechoisir.org/
In computing, 99% of problems are located between the chair and the keyboard.