Peninsula tried to lock me into another 5-year term using an automatic renewal clause. After talks with them failed, I sought formal legal advice, which confirmed the renewal notice they relied on was insufficient and I could take the matter to the Disputes Tribunal. Filing was simple and inexpensive (around $90).
Initially, Peninsula ignored the proceedings, insisting their contract and notice were sufficient. As the hearing approached, they offered a full refund plus my legal fees, but attached a broad gag. I refused. The day before the hearing, they relented: paying back three unauthorised direct debits, reimbursing my $700 legal fees, terminating the contract, waiving the early termination fee, and imposing no gag.
I had agreed to remain silent if they fixed the renewal notice to make its purpose clear - they refused.
Outcome: I was made whole financially, the contract ended, no fees were applied, and I am free to speak honestly about my experience. It is my understanding that the limit for filing Tribunal complaints is 6 years from the incident - know your rights.
Oh, also, they record calls but refuse to supply you with copies of these even though I believe the Privacy Act requires it. I have complained to the privacy commissioner and commerce commission. Potentially you want to ask how long they keep these records and perhaps you choose to record the calls too - when I tried to do that the representative immediately hung up the phone.
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