3 Mobile- Ending Contract Problem

[Podge852]

How can 3 request that a letter to end the contract cannot be accepted when the end of contract date is greater than the 30 day notice period???

Background:

I used a 3 18 month contracted phone but it was in my now ex-wife's name. i am down on the notes as being authorised to deal with the account.


My now ex-wife sent a letter into 3 to cancel contract on broken phone in May by recorded delivery.
Heard nothing since from them but recently received bill for £63.

Contacted 3 to tell them of split up and although phone was in her name i was the registered user and was willing to pay the contract til the run out date of the 31st July 2008, which was £46.

Now I have just received the following:

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"The contract end date on this account is 31 July 2008 and as you’re aware we need a 30 days’ notice a month before the end date. We were unable to take the cancellation request previously as it was more than 45 days, so we had sent a letter requesting to call or write to request cancellation a month before the end date.

We’ve now received cancellation request from you, but only an account holder can request for cancellation, so I’m unable to take a cancellation request now. Please ask the account holder to call or write to us to request cancellation. Once she contacts by either writing or calling us, we’ll take 30 days’ notice and cancel the account.

I’m afraid you’ll be charged line rental till the account is active. The outstanding balance on the account is £63 and the account is suspended due to non payment. Please make the payment at the earliest, so we can reinstate your service. You can arrange to make the payment via cash, cheque or cards, details of which are mentioned at the back of the bill."

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So they are asking me to pay the balance on a service that hasn't been used since May (due to a replacement phone being returned to me damaged and they accused me of causing it - but that's another problem) and that they sent a letter stating that they are ignoring the request to cancel as it was sent in too early - that we did not, as far as I know receive.
I do remember them calling the land line but advised them that they needed to send a letter as my ex wife was unavailable - As moved out.

Anyone got any ideas as to how I proceed???

I can contact the ex, but feel that, as the letter has already been sent to end and no correspondence was received, their requests to send in another 30 day notice are just a way of them getting me to pay more for a very poor service??

[buzby]

Everything hinges on the wording of the contract as to how you can terminate. Back in the 80's you could only cancel 21 days before the anniversary date, and if you missed that, you had to roll on for ANOTHER year. The more modern contracts just asked for 30 days notice. If this is stipulated, they cannot demant you have to do this within a particular 'window', that is their problem. If you give valid notice, they have to follow your instructions, and if they don't they can be challenged.

Incidentally, it doesn't matter that the phone wasn't working, or even your best mate used it - you would be held responsible to pay all fees due, and if the phone didn't work, putting the SIM into to a replacement handset would have restored service, so there's not a lot you can do with this.

Since your X wasn't the contracted user, they could just as easily ignored the request to cancel, because YOU were the contracted person, and only you can give the authority to terminate, so they may end up asserting this and your stuffed. You may dislike their inflexibility etc etc, but any disputed amounts will be marked up on your credit file, and sit there for 6 years, do it may be better to bite the bulled and let it go, switching to PAYG mobiles in future.

[Podge852]

Ta for the reply Raymond- Just one thing, the contract is in my Ex's name and I was the user and the original request to cancel was in her name so does that mean that as she gave more than the 30 days notice I can challenge the additional amount?
Think I need to see the terms and conditions???

[buzby]

It HAS to be cancelled in the name of the person who took it out, or it can be ignored by the network. Providing the users serves notice on the company - and can substantiate it if challenged (RD slip, etc) then the notice has been given so for completeness, assume 30 days from your NEXT billing date to be the final one. If they don;t that's what you want refunded!

[ihatethree]

hi everyone- i had a problem with three last year and it tooks me about 6 months to get everything sorted, eventually had to get trading standards involved but just thought i'd give everyone the executive office address and phone number (which i was told did not exist) so that future problems can be dealt with easily, good luck.

Executive Office
Hutchinson 3G Ltd.
123 St Vincent Street
Glasgow
G2 5EA

08707330295

[buzby]

Two observations, (1) the company name is Hutchison (not as stated), and the Glasgow office has an 0141 telephone number. (2) I've no idea where this national rate number routes to.