3 have stitched up my friend - what can she do? - HotUKDeals
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3 have stitched up my friend - what can she do?

tgbyhn10 Avatar
8y, 4m agoPosted 8 years, 4 months ago
A friend just bought a Sony Ericsson Z750i Silver from 3 on £15 a month 18 month contract. She was told it had sat nav by several people over the phone. It turned up and it didn't have sat nav. She's been on the phone all day to 3. The first few people she spoke to (after it arrived, still insisted that it did have sat nav.) Now they are saying that it doesn't and that it has google maps instead. She said she wanted to end the contract and her money back but they said she would have to pay £400 as they can't take the phone back as she has entered the date. Is there a way to reset the date? She said it was set to all zeros when it arrived. The phone is as new apart from the date having been changed.

What can she do? She's been lied / misinformed but it was verbaly so she has no proof.

wost thing is she doesn't even want the minutes, she only got it for the sat nav.

any help appreciated.

Pete
tgbyhn10 Avatar
8y, 4m agoPosted 8 years, 4 months ago
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#1
not sure but i thought there was a 14 day cooling off period to cancel? how long has she had contract? has she literally had it a week?
#2
she must be able to cancel!!!!!!!! check it out
#3
It's true there is a colling off period. We excercised our rights when getting phone through phones4u. As long as the phone went back as it left the store. Not sure about other retailers, but by law I am certain it is the same elsewhere.
#4
3's policy is that you have 14 days to cancel, but not once you enter the sim card into the phone as its then deemed to be second hand, you have to play daft with them and tell a few white lies that you have'nt put the sim in, they would'nt dare call you a liar since that could end with them in court.
#5
If you go to the phone settings you can restore default factory settings surely ?

http://www.sonyericsson.com/cws/download/1/261/648/1217241864/Z750i__UG_EN_1200_9987_2_12.pdf
#6
The DSR do not apply to services that are instantly available on receipt of goods, ie phone contracts.
However, your friend has clearly been mis-sold this particular phone. First stop, Trading Standards. They will investigate and provide a course of action to take.
#7
Trouble is she has already told them she has entered the date. If she lied, couldn't they charge her anyway if they get it back and see she has entered the date after all?
#8
tgbyhn10
Trouble is she has already told them she has entered the date. If she lied, couldn't they charge her anyway if they get it back and see she has entered the date after all?


She just needs to play daft as I said and deny all knowledge :thumbsup:

Heres the bit in the contract:
Your contract agreement starts when we Connect you to 3. (Note that in the special case where you do not Connect to 3 within a month of registering as a 3 customer and receiving your Handset, your agreement will automatically start at the end of that month.)

Which suggests its when the sim card is entered, not the date.
#9
choc1969;2657137
If you go to the phone settings you can restore default factory settings surely ?

will this work?
#10
tgbyhn10;2657166
will this work?


should do.....
#11
Actually.....Has she signed anything? If not its based on a verbal contract over the phone, in which case to prove the existence of said contract 3 would have to have a recording of the conversation (which they do as standard) now if they have that they can check the recording to see that she was indeed mis-sold the phone, or if needbe, she can use that recording in court.
#12
similiar thread to this concerning 3 in last few weeks if you find it perhaps you can PM that HUKD'er and ask them if tehy resolved it with 3
#13
DIVA1977
similiar thread to this concerning 3 in last few weeks if you find it perhaps you can PM that HUKD'er and ask them if tehy resolved it with 3


http://www.hotukdeals.com/item/219840/stitched-up-by-mobile-phone-network/showthread.php?t=219840 :thumbsup:
#14
The falacy about not being able to return it because of the wording of the DSR is a blatent dodge.
You would not be asserting your rights under the DSR but under the SOGA and that covers you for misselling.

As you are specifically allowed a reasonable time to examine goods purchased unseen and because of lack of clarification examination would require insertion of sim and setting date they are not get outs for the company.

Send them a letter stating quite specifically that as the goods are not as described you are rejecting them under the SOGA(as amended) and expect a full refund/cancellation of contract, if this is not achieved within 14 days you will take action through the county courts.
#15
Thanks for all the help.
We did a master reset and she's going to send it back, I think they said they will send her a jiffy bag, is that normal? I'm concerned about how long they will take to send it. Should she send it back herself to ensure it gets there b4 the deadline or would it introduce more problems if she didn't send it via their method?
The other concern that I forgot about was that it was infact an upgrade at the end of a contract, not a new contract so technically the sim is already connected (although it's not been in the new phone). I supose it is a new contract too. Does that complicate things?
Thanks again
Pete
#16
not at all
#17
make sure you send recorded delivery so they have to sign for it and so cant sayy they havent received
#18
Try dealing with the Chief Execs office the CEO being Kevin Russel

Tel: 08707330295

I am having major probs with signal at the mo and was without any signal for a week last time and now been off for 2 days again and when I phone India they always tell me to turn it off and on again to get it to work!!!! How infuriating they are when there was clearly a problem with the SIM and it took them a week to work it out, after having tried calling me several times on my mobile after I had called to tell them it didn't work at all!!!!

Good luck with this!:thumbsup:
banned#19
This sort of thing with mobile companies keep happening over and over again.

Three might well have a gotcha in their 14 day cooling off period, but that does not however over ride the fact they have mis-sold you the hand set by saying it did something it doesnt.

It that, they don't have a leg to stand on. They record all calls, so you need to put in writting this information and inform them that despite speaking to their customer service, they are refusing to deal with you and effectively breaking the law of the country. I'd probably suggest that you inform them that if they do not respond favourably within the next 14 days, that you will have no alternative, but to take out legal precedeedings in the small claims court to recover the cost in full for the term of the contract and all other relevant costs to take this action. Send it recorded.

If they do not turn up at the court with this phone call conversation, I'd say it should be taken as read that your friend is telling the truth.

Good luck. Don't let these people get away with this.

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