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    Stitched up by mobile phone network. Advice needed please

    Its bit long winded but.....

    At the end of my contract I had gotten my pac number and was ready to leave 3.

    I got several calls to upgrade but they didn't offer me a good enough deal so I didn't accept their offers. On the final call from their retentions department they asked me what other deal I was going for. I said I was going for a t-mobile offer of 600 mins and 300 texts for £20 a month. I said I wanted a nokia N95 8gb. The guy put me on hold for a few minutes and then came back on saying he would match the deal. I was amazed they were offering this, asked him to confirm what the deal would be and he said it would be 600 mins to any network plus 300 texts with n95 8gb. I agreed to upgrade and got my phone the next day.

    A few days after I get a letter saying thanks for staying with us and I will be getting 300 minutes or texts for a total of £24 per month!

    I have rang and spoke to several cs people and "supervisors" etc and they all say there is nothing they can do and I cannot cancel because I have used the phone.

    I have been to a 3 store and sat with one of their managers on the phone for 3 hours trying to explain the handset had been mis-sold etc and they were still saying I cannot cancel the contract because I have used the handset. I ended up walking out and leaving the phone there but I went back for it as I thought it might backfire on me!

    I have asked several times for the recording of the call and they all say they cannot access it!

    I can't believe they can actually get away with this and I can assure you they wont if I can help it.

    I will be writing to ofcom about it but wondered..... any ideas what else I can do

    31 Comments

    Sorry to hear that!

    Under the distance selling act, they cannot charge you more than you have authorised them to charge you. It's a simple violation of that. Contract is irrelevant - you've agreed to £20 a month, they may not legally charge more unless you go over your limit.

    I had a similar issue when they wanted to charge me £3 extra a month for paying by giro. A conversation with a supervisior sorted it out. Just know your rights, take names and contact details of who you speak to, and stay calm and firm with them. They'll sort it out.

    There as to be a way to get out of it because you did not sign a contract or did you?

    Original Poster

    dxx;2608940

    Under the distance selling act, they cannot charge you more than you have … Under the distance selling act, they cannot charge you more than you have authorised them to charge you. It's a simple violation of that. Contract is irrelevant - you've agreed to £20 a month, they may not legally charge more unless you go over your limit. I had a similar issue when they wanted to charge me £3 extra a month for paying by giro. A conversation with a supervisior sorted it out. Just know your rights, take names and contact details of who you speak to, and stay calm and firm with them. They'll sort it out.



    I tried saying that. They said as far as they are concerned I was offered the £24 deal and accepted it. Ive tried several supervisors:viking:

    We had problems with 3 similiar to you and i will NEVER use them again they even ried offering us a free phone no contract and my husband said not for a million pounds eventually they took the hint but not until we threaten them as they kept making sales calls thru the night and claiming they werent when we complain the next day

    do you not have 14days to return the handset as normal ?

    Original Poster

    Nemz;2608947

    There as to be a way to get out of it because you did not sign a contract … There as to be a way to get out of it because you did not sign a contract or did you?



    No. And I said that I entered a verbal contract on the phone at £20 and you are in breach of that contract. They just kept telling me what a brilliant deal I was getting at £24 with mix and match 300:x

    Hubby just told me as your very last resort . If you are unable to sort this after 3 months you can reduce your contract down to £5 a month for the lifetime of the contract if you donw lose financially i would try this to given three as little money as possible.

    Original Poster

    garyagh;2608980

    do you not have 14days to return the handset as normal ?



    According to them that only applies if you don't put your sim into the phone :x

    dcx_badass;2608985

    Cancel the direct debit, get your bank to stop the payments.


    Yeah maybe someone in your local branch might hjave experience of this happening maybe go in and say whats happened say you only authorised them to take £20

    Original Poster

    DIVA1977;2608986

    Hubby just told me as your very last resort . If you are unable to sort … Hubby just told me as your very last resort . If you are unable to sort this after 3 months you can reduce your contract down to £5 a month for the lifetime of the contract if you donw lose financially i would try this to given three as little money as possible.



    Thats not the point. I can't let them get away with it. Its the principle.

    jtx;2608970

    I tried saying that. They said as far as they are concerned I was offered … I tried saying that. They said as far as they are concerned I was offered the £24 deal and accepted it. Ive tried several supervisors:viking:



    I'd do what Dcx (good eye for a name, that man) says, then. What to do is, call up again, explain your case for the final time, and, assuming it all fails again, tell them that you will now stop the direct debit, and will pay only the agreed fee of £20 by giro each month. If they wish to persue you for more money, they must take you to court to prove that you are legally due them the money. Report the matter to Trading Standards, and they should help you from there.

    Original Poster

    dcx_badass;2608985

    Cancel the direct debit, get your bank to stop the payments.



    I really want to, but I know they will only screw up my credit rating for not paying. That's not the way to deal with it I don't think:thinking: Is it ?

    Doesn't all mobile companies offer a 14 day cooling off period where you can use the phone and if you don't like it, you can return it for any reason. I'm guessing you have already used it longer than the cooling off period?

    Bottom line here for you is this. Your contract has or is about to expire. You have not renewed with them and so are free to move. Point out that the only way they can prove otherwise is to access the log of the telephone conversation. If they can do that, then they also are aware that the contract is for £20 and not £24. Otherwise you will be free to leave because there is no contract and nothing they can do about it.

    Original Poster

    Slash;2609043

    Doesn't all mobile companies offer a 14 day cooling off period where you … Doesn't all mobile companies offer a 14 day cooling off period where you can use the phone and if you don't like it, you can return it for any reason. I'm guessing you have already used it longer than the cooling off period?



    No, i've had the phone for 4 days now! This is whats driving me mad.

    I'd give trading standards/Ofcom a call.

    It seems to me that they are trying to hold you to a contract you didnt agree to, the only way for them to prove you did is with the recording of the telephone call.

    youve been very patient and nice with them if i was you i would do the following: ring them and ask to be transfered to a supervisor and have a bit of angry tone shows your not messing about and then explain to he/she that you agreed for blah blah, and not what you gave and if they still dont listien say do you have proof that i agreed to the upgrade?? if so please show it to me, and then say if you dont resolve this matter within x amount days i will cancel the direct debit as i didnt agree to the contract, and if you want to take me to the court you are most welcome as the judge will ask for the proof of the recording, which shows what i agreed to, now the choice is yours would you like this to be a complicated problem leading to bad publicity, compensation and costs involved going to court? or simply fix the issue and we have no problem? the choice is yours and say this call is being recorded so he wont mess you about. i hope that helps this time.

    JTX
    What i suggest you do is 4 fold
    Firstly, get yourself over to the 3 are of the ]3G Forum They have some ex 3 staff on there who know their stuff, who to write to, contact etc
    Do this asap. It's not as popular or busy as this forum, might take a few days for a reply hence the urgency
    2. Email 3 [EMAIL="[email protected]"][email protected][/EMAIL]
    I have done this, when they offered me summat, then after i had accepted they changed their mind. I threatened them with Court Action, said, under UK Contract Law, if an offer is made AND accepted we have a contract and we did at that stage. They have since honoured what they offered me.
    Speak to a supervisor, don't mess about, insist on one. Tell them, over the phone, you will take them to court for breach of contract, and email them the same.
    3. Go to CAB.
    4. NEVER EVER deal with 3, unless you insist on them sending you the T&C's of your contract in writing, which they refuse, so insist on an email, which they did for me

    jtx;2608999

    Thats not the point. I can't let them get away with it. Its the principle.



    i completely understand they screwed my hubby over, best of luck in getting the better of them they are every expletive going

    3 are known for doing this, they hope that you'll just give up, they'll keep telling you how great the offer is in the meantime. If they don't have the tape though, there is no contract, since 1 party (you) are disputing the verbal contract.

    Original Poster

    boydent999;2609148

    JTXWhat i suggest you do is 4 foldFirstly, get yourself over to the 3 are … JTXWhat i suggest you do is 4 foldFirstly, get yourself over to the 3 are of the ]3G Forum They have some ex 3 staff on there who know their stuff, who to write to, contact etcDo this asap. It's not as popular or busy as this forum, might take a few days for a reply hence the urgency2. Email 3 [EMAIL="[email protected]"][email protected][/EMAIL]I have done this, when they offered me summat, then after i had accepted they changed their mind. I threatened them with Court Action, said, under UK Contract Law, if an offer is made AND accepted we have a contract and we did at that stage. They have since honoured what they offered me.Speak to a supervisor, don't mess about, insist on one. Tell them, over the phone, you will take them to court for breach of contract, and email them the same.3. Go to CAB. 4. NEVER EVER deal with 3, unless you insist on them sending you the T&C's of your contract in writing, which they refuse, so insist on an email, which they did for me




    Good advice, thanks :thumbsup:

    [Distance Selling Regulations If you sell goods or services to consumers … [Distance Selling Regulations If you sell goods or services to consumers by:the internet digital television mail order, including catalogue shopping phone fax then you need to know about the Consumer Protection (Distance Selling) Regulations 2000.The key features of the regulations are:you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information) you must also provide this information in writing the consumer has a cooling-off period of seven working days.



    Taken from the office of Fair trading web site

    jennybubbles;2609278

    Taken from the office of Fair trading web site



    Unfortunetly though the DSR has many, many loopholes in it ;-) one of them being if the supplied and returned item cannot be resold for whatever reason, they'll probably argue that by placing the sim card in the phone that number is then registered to said person and cannot be resold.

    If theres no signed contract though and no record of a verbal contract, it does'nt exist, so I'd persue that line with them :thumbsup:

    masterbrown;2609323

    Unfortunetly though the DSR has many, many loopholes in it ;-) one of … Unfortunetly though the DSR has many, many loopholes in it ;-) one of them being if the supplied and returned item cannot be resold for whatever reason, they'll probably argue that by placing the sim card in the phone that number is then registered to said person and cannot be resold.If theres no signed contract though and no record of a verbal contract, it does'nt exist, so I'd persue that line with them :thumbsup:



    how are you supposed to try the phone without putting in your sim??

    jennybubbles;2609344

    how are you supposed to try the phone without putting in your sim??



    You can't, thats the point.

    Just scanning through a copy of their contract I notice it says"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.)"
    I assume that means when you put the sim in the phone ;-) bit crafty that.

    Ring your local council who should have a Trading Standards team. They should be able to help you.

    Original Poster

    Thanks for all the input so far. Keep the opinions and advice coming. Rep is on the way :thumbsup:

    i don't think this has been asked as yet, but if three record phone calls, can you get a copy of this conversation under the freedom of information act, request information on offers on the day in question and the conversation. Costs nothing, gives them loads of grief and they have to reply in a short time. might help. only takes you a minute:w00t:

    Banned

    KDH001;2609053

    Bottom line here for you is this. Your contract has or is about to … Bottom line here for you is this. Your contract has or is about to expire. You have not renewed with them and so are free to move. Point out that the only way they can prove otherwise is to access the log of the telephone conversation. If they can do that, then they also are aware that the contract is for £20 and not £24. Otherwise you will be free to leave because there is no contract and nothing they can do about it.



    this guy is speaking sense!;-)

    Very sorry to here that, but what I can advise you to do is the following:

    use [url]www.google.com[/url] and try and find head office contact deatils

    if that does not help, stop the direct debit and stop using the phone.
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