Three.....statutory rights

[aaek]

HI every1,

I had bit of problem with Three lately.

Had started contract with 3 in Mar 08.
But soon discovered that my mobile is not catching network properly. If I come out of underground it will not come alive, will cut the call itself in between and other silly stuff.

One more thing, had video minutes for extra £3 a month , those comes with handset Sony W880i.
But cannot use them, as every time I call on three mobile with video it fails.

The only solution Three call center give is SWITCH OFF & ON and SORRY.

So I wrote them few emails , so someone responded nicely and after much fight had £10.50 rebate for non usage of video minutes for last 3 and half months. On their advise sent the set for repairs and received in two days but to my surprise the problem still there. I cannot make video call, network coverage on set is poor, call cuts in between & can't even see my serial no by pressing *#0000#.

So had chat again with them, this time they came up with replacement handset idea, but they offered me Nokia 6120 or Sony W800i which I think are lower handsets then my Sony W880i.
So I lost myself as I felt it as an insult.

Is this not a breach of contract by Three by charging and providing me with faulty handset and video minutes which I cannot use anyway? And the compensation they provided is of lower grade then actual handset?

I'm planning to go with formal complaint but how I do that. I need assitance. I know how to do CCA bt reading forums in this website but how can I make a complaint and tell these big companies that my every penny is worth to fight for.

Waiting for meaningful response!!!

[OrangePrimate]

Sounds like your main problem is with 3G services. try locking handset to GSM only for a few days and see if there is an improvement. If so, it is the 3G network in your area (or the handset not picking it up/switching properly - power down and battery out for at least a minute to drop off the network makes the phone search for it again and can improve signal a great deal, hence why they say on/off)

The video minutes bundle is an extra and can be bought/stopped at any time, so no breach of contract, (as not subject to a minimum contract term) also they have the refunded charges for the product you have been unable to use, so no breach there either as far as i can tell!!

the handset is not part of your contract, No network covers the device within its contract T & C's. If dealing with the retailer ref a fault, they only have to repair or replace with like for like/same specification. camera size, mp3 etc doesnt come into the spec, its the phone stuff - 3G, data carrier, email capable that sort of stuff, so you may think an alternative is an inferior phone but in fact IS the same technical spec (plus handsets are given free so there isnt an issue of costs!!)

You could always try Sony Ericson and see what they have to say.

Also, to get the serial number of phone its *#02#, thats why it didnt work with what you were putting in!!!

[buzby]

The serial number of the phone - the IMEI - is obtained by entering *#06#, using *#02# is an invalid code.

[aaek]

*#02# IS AN INVALID CODE. To be frank when I read your reply OriangePrimate for once I thought you are writing on behalf of Three rather than as a consumer.

The video bundle was an essential deal, check their website for more details. I can not cancel this video minutes. Therefore I think I'm right in saying what I said in my post.

And moreover the handset is also provided as part of contract. The company cannot hide itself in small print facility.
Law faciliate "SUBSTANCE OVER FORM". In an essence phone is part of deal.

I asked for the procedure to handle this issue. Please be at that level only.

[OrangePrimate]

Originally Posted by buzby

The serial number of the phone - the IMEI - is obtained by entering *#06#, using *#02# is an invalid code.

oops, Totally right Buzby! slight typing error and failure to proof read there (its not that the 2 and 6 are even that close to each other! )

[OrangePrimate]

Originally Posted by aaek

*#02# IS AN INVALID CODE. To be frank when I read your reply OriangePrimate for once I thought you are writing on behalf of Three rather than as a consumer.

The video bundle was an essential deal, check their website for more details. I can not cancel this video minutes. Therefore I think I'm right in saying what I said in my post.

And moreover the handset is also provided as part of contract. The company cannot hide itself in small print facility.
Law faciliate "SUBSTANCE OVER FORM". In an essence phone is part of deal.

I asked for the procedure to handle this issue. Please be at that level only.

No worries aaek, I was trying to give you some basis on how things are generaly covered/handled from the Networks viewpoints, (the video minutes are bundles that i am sure if 3 are like all the other networks are bundles that can be stopped and started whenever the customer wishes and not subject to a minimum term - unless they are part of a 'package deal' in which they wouldnt have been charged for anyway)

but i wont bother offering you any assistance in future, as i dont think an OP should be able to determine that the only advice/feedback they want or get is only to their advantage or at their certain required level! Rough with the smooth as my ole dad used to say!

[aaek]

Originally Posted by OrangePrimate

No worries aaek, I was trying to give you some basis on how things are generaly covered/handled from the Networks viewpoints, (the video minutes are bundles that i am sure if 3 are like all the other networks are bundles that can be stopped and started whenever the customer wishes and not subject to a minimum term - unless they are part of a 'package deal' in which they wouldnt have been charged for anyway)

but i wont bother offering you any assistance in future, as i dont think an OP should be able to determine that the only advice/feedback they want or get is only to their advantage or at their certain required level! Rough with the smooth as my ole dad used to say!

OrangePrimate, I'm sure your dad said rough with smooth. As far as my experience you first have to check then advise. The code you said was wrong. Moreover I came here after much thought and consideration. The same basic advise I already had from Three so you were repeating their words. I wonder how you become cassic member??

[locutus]

couple of little facts

1. Network Coverage is not part of the T & C, therefor no breach of contract. Their is very little you can do if you suffer from bad network coverage.

2. The Handset is not part of the T & C (although you do have statutory rights with the handset). so again no breach of contract

3 Orange Primate doesn't work for 3... as his name sugests he works for Orange, so the fact that he offered the same advice as you've been getting sugests that that is the best way to sort your problems. I don't think it is nice to badmouth someone who posts the truth to try and help you just because you don't agree with their advice!

If you have problems with 3g, then you will have problems with video calls, so providing the handset is working correctly and it's a network issue, then this would be the basis of your complaint (IE you get no 3g coverage so will never be able to use your video calls, so can they stop the £3.00 per month)

[buzby]

Originally Posted by aaek

And moreover the handset is also provided as part of contract. The company cannot hide itself in small print facility. Law faciliate "SUBSTANCE OVER FORM". In an essence phone is part of deal.

Small print? Orange Primate is correct that the phone is merely an inducement to obtain network service. If the phone doesn't do what it says on the box, SOGA applies but does not modify the validity of the service contract. You see the phone as the primary 'tool' in the contract, the network doesn't it sees only the SIM card and services provided to that SIM. There's no small print issue surrounding this - and your implication that if it did, and was somehow mentioned in small print somehow invalidates the contract is nonsensical. You mean toy don't feel obligated to complying with a contract, simply because the print in it's T&Cs is small? You'll be losing litigation for centuries following that maxim!

[fredbassett]

aaek - why are you bothering to ask for peoples help if all you are going to do is belittle them? You've asked people for a 'meaningful response' - maybe you should try following this yourself.