3 mobile issue

[jack13-]

hi all,
recently i got a nokia 6500 slide from three mobile on monthly contract i reported to them within a wek that the phone was not working properly . i get cut off during calls and the phone freezes when texting. now they admit there is a fault with this model and offered me 2 other mobiles which are in fact older models than the one i have. i declined these two phones, i asked if i could have a replacement 6500 slide and they told me no. now where do i stand with them because they will not budge and i am stuck with a phone that is not fit for its purpose. i even asked for another phone and said i would be happy paying extra for it each month but they also said no to that. surely they are breaching the contract as they are admitting there is a fault with this particular model. please help as i dont know where i stand , to be honest after the way they have treated me i would prefer to terminate and further dealings with them. any help with this matter will be greatly appreciated.

[locutus]

Unfortunatly the phone is not a part of the contract... to simplify it, it's as if they sold you that for 0p when you signed up to the contract, so you do have rights as far as SOGA (the sale of goods act) but the handset is not an integral part of the package.

So the real issue here is how to get the best phone as a replacement. I'd say to remember the old saying that the squeeky wheel gets the oil, and ask for their complaints procedure and take things as far as you can down that route. It also may be a good idea to buy (or borrow if you know someone with a spare) handset on the 3 network or unlocked so you can use your contracted mins & texts etc. until this issue is sorted for you.

[buzby]

Yup - your contract is for the SIM, not the handset. If they have issues with their network and a handset, it is withdrawn until Nokia provide a firmware upgrade that fixes the problem, or if this won't happen, they remove the phone from their portfolio. The same phone may well work fine with OTHER networks, so this doesn't help you since you'll be tied to 3UK for the duration.

They have reasonably offer you a replacement, and whilst this may be a different model, they Have attempted to resolve the issue, but if you don't accept this you'll be painting yourself into a corner.

[jack13-]

if i cancel my direct debit with them , what will happen ?is there no way at ll i can get out of this contract . really not happy with them at all and how unhelpful they have been . thanks for replying

[fredbassett]

If you cancel the direct debit they will just end up cancelling you for non-payment, passing you to a debt collection agency and along the way they will record late payments and eventually a default on your credit file which will have serious implications should you need to apply for credit in the future as a defult remians on your credit file for 6 years. You've signed a contract with them and the phone is only a 'bonus' as such to that contract therefore as yet they have not breached the contract but you will breach it if you don't pay as per the agreement on the terms 7 conditions.

[locutus]

I agree fred.

Cancel the DD and they'll persue you for the money, pass the debt on to debt collection agencies and register that you are in default on your credit rating.

If you are really that unhappy with them, make it clear that you will cancel the contract as soon as minimum term is up.

Complain to the highest level you can and see if they can offer a better replacement phone rather than a worse one!