3 mobile internet problem

[mememe41]

hi, i signed up to an 18 month contract with the 3 mobile broadband thing, after 2 months and 1 day, the mobile unit broke (the attachment for the cable was lose, and stopped working .... not my fault)

i rang them and they said send it back, which i did, then i got a letter saying i had broken it and it would cost me £30 to repair it ...... it was clearly a manufacturing defect ....... i told them i couldn't afford to have it repaired, and wanted to cancel my contract, which they refused to do, then whilst they still had the mobile unit, they are still charging me for a service i cannot recieve, 1 cos they have the unit, and 2 cos they have disconnected it and 3 cos the unit is broken

can anyone tell me where i stand, i really don't need the hassle, and want to cancel the contract, but they are still charging me

what can i do?

Many thanks

L

[Hobbie]

Quite a tricky situation this, on the "3 Broadband Dongle" it has a USIM inside it, just as all the others do also, prior to sending the dongle of to them did you remove the USIM?

If so then you STILL have access to the service, in which case 3 are still providing you with a service it is up to you to ensure you have the equipment required to receive the service.

On the other hand if you had not removed the USIM and sent that along with the dongle, 3 are required to refund you for the loss of service, but if 3 told you to remove the USIM prior to sending for repair and you did not remove it then that is your fault.

Depending on the fault, if it is seen as a workmanship fault then 3 are required to replace it, but if it is a fault that could of been avoided depending on usage then again that is your fault.

What exactly was the fault? if it was cable loose then I personally see that as workmanship and 3 should replace it, unless of course it is clear that you had pulled the cable loose which of course you would not do

Quote to them the Sale and Supply of Goods Act 1994 Take a look here for some reference.

Dont let them push you about, and stand your ground.

[mememe41]

the bit inside the phone where the cable goes in was loose, the dongle thing had been in a holder on the side of the pc all the time, but the day it stopped working, i attached it to sons laptop, by removing from the other end, and it wouldn't work so i looked and it was loose

and yes i kept the sim card

they have also stopped my service till i pay them ...... they are trying to charge me for 1 day (£15) and then the following month, and for this whole time, they had the dongle in their posession but they want £45 for the 2 months and i only used the damned thing for 1 day

now i keep getting phone calls from a debt collectors 3-4 times a day, that either just goes quiet, or transfers me to an answering service .... i gave up after 20 mins the first time, now i just hang up

i really really want to cancel the contract, is it possible?

[Hobbie]

If the DCA's are on hounding you, just ignore them, like a bad smell really after a while it goes away. And it is always best to talk to the organ grinder and not the monkey, so only discuss it with 3 and not the DCA.

If you know which one it is, then you can send them a letter TELLING them not to call you, and if they do call you'll bite them...

- HARASSMENT WARNING -
WARNING; PROTECTION FROM HARASSMENT ACT 1997;
WARNING; COMMUNICATIONS ACT 2003. s127.
Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

Dear Sir/Madam.

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.
It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.
Continued interference with my contractual rights in this manner may result in legal action.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

Be advised that all telephone calls from your company will be recorded.

Yours faithfully,

Of course edit to suit your requirements.

Inform 3 that the goods were faulty and it is up to them to prove otherwise, and that you require a replacement within 14 days (is usually considered reasonable) and if 3 aren't prepaired to place the dongle for you, then you will consider the contract to be cancelled, Sadly though not much else you can do as you agreed to a 12,18,24 month contract with them, albeit on the understanding you'd have access to the network... So play on that. Only thing is if they do supply a new dongle for you, you'll most likely have to stick with them due to the contract you agreed with.

Golden rule #1 - Dont speak to the DCA's on the phone no matter what
Golden rule #2 - Only talk to the organ grinders themselves
Golden rule #3 - Ensure EVERYTHING is in writing no matter what.

But ensure you enter into dialog with 3, and mention to them the Sale and Supply of Goods Act, that somtimes can be enough for them to sort it out, as they'll know your not going to be messed about and that you know what your talking about.

[mememe41]

they have now had the dongle for 2 months though .... and they have already said they wont replace it i only had the damned thing for 2 months, and i have since gone on to O2 broadband,because of the problems, i cant afford both ..... i think i've made a big boo boo haven't i

but i'll get the letter off tomorrow, thanks

L

[Hobbie]

i've made a big boo boo haven't i

I would have to agree, but dont worry about hopefully it can be resolved.

[mememe41]

i was never one for doing things the easy way lol ....... i'd managed to keep myself totally debt free for the last 9 years, and everything feels like its crashing down

[JOSH_IOU]

Sorry to hijack your thread mememe lol

Dose any one no if this legislation covers e-mails?

[Hobbie]

No it doesn't

take a read of 'Privacy and Electronic Communications Regulations 2003' though, that deals with emails

[elixier22]

Originally Posted by mememe41

they have now had the dongle for 2 months though .... and they have already said they wont replace it i only had the damned thing for 2 months, and i have since gone on to O2 broadband,because of the problems, i cant afford both ..... i think i've made a big boo boo haven't i

but i'll get the letter off tomorrow, thanks

L

Still with o2 they are faster more reliable and will treat you well

[sulligogs]

If 3's broadband service is half as bad as their customer service I wouldn't want a broadband connection.

Currently with VirginMedia and their broadband service is excellent.

[Hobbie]

sulligogs,

We're talking about mobile broadband, not fixed line, slightly different but I do agree and understand where your coming from.

We just need to understand the two differences.

[loobles]

Not surprised you're having problems with 3. I have a mobile contract with them and had bad experiences with them. I don't seem to get signal at work and seen as I spend most my time there it's not too good. I spoke with them and they told me that the phone I've got doesn't pick up signal as well as other phones - annoyed that I wasn't told that when I was taking up the contract!