"3" threatening me with debt collection..

[romia0506]

Hi all,

Just thought i'd post to see if I can get any advice from on here!

Three months ago I was contacted by the evil Mobile Phone Warehouse Wales, who offered me a great sounding contract including various things such as unlimited free mobile internet. The contract sounded so good that I accepted it, little did I know how I was being conned.

One month down the line I received my first bill from 3, charging me for using the internet; I quickly called 3 explaining that I was told my contract would include free internet, they told me this was not the case.

Next point. I was supposed to be receiving my first 3 months free via a cheque-back system... these cheques never came even after posting my bills off several times to the MPWW. Again I called 3 customer services, and after a long conversation with their less than coherent Indian call centre managed to have my case escalated so that 3 would refund me my bills.

The next thing was that at NO point during the phone call with MPWW was I told about phone insurance.. yet after my first month noticed that alongside my phone bill was a charge of £5.99 from Fonesure. It took 2 months to clear this issue where Fonesure eventually terminated any payments from my account.

Obviously this is a clear case of mis-selling. Luring me into a contract under false pretences.

Here's where it gets interesting...
After my many phone calls with 3 customer services I was eventually told that to cancel my contract with them WITHOUT an early termination fee, I would have to contact MPWW and receive a "de-activation code". I hastily contacted the MPWW to ask for this code, only to be put onto an angry welshman who shouted at me, and in a very rude manner told me that 3 are "****ing him off". He abruptly told me that he cannot give me a de-activation code as I am well past my 14-day returns period. I called back 3 and reported what had happened, only to be told that 3 would "contact MPWW regarding the matter" themselves, and would get back to me. They never did.

After many hours searching the internet I found an email address for the executive office of 3, and told them politely that I wish to cancel my contract, and am NOT willing to pay any form of fee, as the contract is INVALID and ILLEGAL.

The following day I received a phone call from the executive office, giving me another phone number to call in order to receive my money back for the first 3 months, and an offering of a "gesture of good will" to give me the unlimited free internet which I was originally promised.
I responded that I did not wish to take up this offer, as I still would have not been receiving the contract I was offered for the previous 3 months, and wished to cancel my contract immediately.

This is where I was told that they can not cancel my contract without an early termination fee.. which would be around £500..

The following day I went to my local Citizens Advice Bureau, who told me I am completely within my rights to simply cancel my direct debit through my bank, and to inform 3 that I had done so. I went forth and cancelled my direct debit immediately, proceeding to contact 3 and ask what they would like me to do with the handset.

However!! Yesterday I received a letter from 3, saying that they "cannot consider the cancellation of my contract without an early termination fee" and that I should "reinstate my direct debit to avoid a collections service on my account and also to avoid any negative impact on my credit rating".

3 had previously told me over the phone that as the contract was setup through a 3rd party (MPWW) there was not alot they could do. Further down the line they told me they are NO LONGER TRADING WITH MPWW, which in my opinion makes them liable completely for my contract...

The contract was mis-sold to me. I was lured into it under false pretences. This is illegal.

What should I do about the threat of a debt collector?? Surely 3 don't have a leg to stand on? They are trying to blackmail me into maintaining a contract with them which is INVALID.

Any advice would be greatly appreciated!

Rob

[postggj]

i believe you are going to have problems with this
3 are only providing the service
your complaint and resolution lies with mobile phone warehouse
its obviouse you were conned but thats nothing to do with 3, they did not sell you the contract

did you get and sign a contract, i take it was not an online contract
that could be your answer

[romia0506]

It was a verbal contract over the phone, nothing was signed.. But as 3 are no longer trading with the mobile phone warehouse surely this makes it their issue?

[postggj]

ime punching at air hear, so dont take it as gospel but a contract needs to be signed,
my opinion, and mine only is to tell 3 you are putting this account into dispute.
a cca request is not valid for mobiles but request a copy of the contract
when you take out an agreement, you sign a contract
no contract, no debt.
online applications are done with a digital signature

how does mobile warehouse sell contracts with out a signature accepting terms and conditions

[romia0506]

Very good point.

I've emailed my local Citizens Advice Bureau again and am waiting on a reply from them, once I have their reply I will be contacting 3 again and putting this forward.

Thanks postggj

[postggj]

it would not surprise me if mobile warehouse has signed the agreement (fraud) to get the commission)
my own opinion, that is

this is prob your answer, no signed contract by you, no debt

[OrangePrimate]

sales of this kind over the phone dont have to have a 'signed' contract, they are a verbal contract of agreement and once the equipment is recieved and used it is classed as the acceptance of that contract. the distance selling regs give 7 working days to reject the goods/contract.

I am a little confused as to why you are claiming you have basis to cancel this contract based on it being illegal and invalid as from your post, it seems the main areas you claim are reasons to cancel have been resolved and is now exactly what you agreed to!

Dealer was to pay bills every 3 months - Network has agreed to take on that agreement and cover those bills instead of the dealer - is compliant with the original sale.

Dealer stated unlimited internet - the Network have now applied the unlimited internet bundle - is compliant with the original sale.

Network have refunded the first 3 months bills for charges made that would have been free with the dealers original 'sale' (or offered to refund, you dont say in your post if that has happened yet) so you will not have suffered any extra cost than if had been free from day one of contract- is compliant with the original sale.

The insurance on these kinds of 'sales' are free for the first month, then the paperwork is sent out giving the customer the chance to cancel if not required. it possibly 'slipped their mind' to mention it on the phone, but the insurance policy should have arrived before any funds taken -not entirely down to the dealership (nothing to do with the network) but an issue of the insurers not getting the policy out to you - cancelled and refunded and not to do with the airtime contract but an annoyance just the same!

yes, seems a nightmare time in sorting it out and i am in no way defending the dealer or the network, but as all above resolved, there are no grounds to cancel the contract, as it seems the Network have bent over backwards to give you exactly what you where told you would get over the phone by the dealer. there doesnt seem to be anything illegal or invalid about it.

just playing devils advocate!

Oh and CAB have advised you incorrectly - you should never cancel the direct debit. if you do you must still pay the bills as due by cash/card - you are liable for the line rental and the usage/charges on that contract until the issue is resolved. if you stop paying for the still legal and current contract you will be in default and end up with a default on your credit file - even more difficult to deal with than a dodgy mobile phone dealership!