Another 3UK Hutchinson nightmare!

[Monoloco]

Hi,

I have a quick query regarding my 3UK contract. I was called by Mob4free, an agent for 3UK in Feb 06 offering me an 18mth contract. As I am in the Armed Forces and go away quite often, I explicitly asked the dealer if, after the obligatory 6mths, I could change the tariff to one of my choice.
I explained that as I go away at short notice sometimes, I need to be able to change the tariff to the lowest one for the duration of my time abroad as I don't want to pay the full whack for a service I'm not using.

The day prior to deploying last Aug, I called 3UK to change the contract to the lowest tariff. They informed me that it would only come down in increments and that I would have to call in each month to change it down to the next one. I pointed out that as I would be in an operational theatre, this would be a little difficult.

Obviously this didn't concern them. I told them that I was promised by the dealer that I'd be able to change the tariff to whatever I wanted after the 6mths and I believe that I've been mis-sold the contract.

The woman apologised for this, informing me that they didn't deal with that dealer anymore and advising me to contact the dealer.
I asked what use this would be as they no longer dealt with them, to which she replied that it wouldn't be any use!!

I haven't turned the phone on for roughly 6 months now. I sent a letter in October informing them that I considered it as a breach of contract as the sole reason I took the phone out was that I was informed that I was able to change the tariff to one of my choice.

I heard nothing. I sent another copy of the letter in Nov/Dec time.

I heard nothing back. The next thing I get are incessant phonecalls from DCA asking for the balance of the account. I informed them that I was awaiting contact from 3 as I had a dispute with them.


I then send, yet again, a copy of the original letter along with a covering letter voicing my disgust at the appalling treatment that they haven't even deemed my letters worthy of a reply. I also mentioned going to the media to highlight their appalling treatment (having read these threads though, I can see it's no secret!)

THEN I get a response. Phonecall from the indian call centre telling me that they have my letter etc and will I pay the balance and the termination fee.

I reiterated the fact that I considered it breach of contract etc but the woman just basically ignored it.

I told them that I would clear the current balance if the contract ended there and then and I didn't pay a termination fee. After consulting with someone, apparently this is not an option for them.

Now, my question is, that I took the contract out purely on the basis of being able to change the tariff to what I wanted - which I then found that I couldn't.

Is this breach of contract? As I move about rather alot, I can't find the paper contract now but I do know that I didn't receive it within the 14 day return period.

Should I bite the bullet and pay the bloody thing or have I got a leg to stand on??

Any advice greatly appreciated.

[ian cognito]

You won't get any joy from them, you will have to go to the OFT or to court to settle this matter I should think, they will just keep referring you back to the third party - and I doubt you will get any joy from they either - keep your eye on your credit record as the communications companies a really good at applying defaults in cases like this.

[Monoloco]

Thanks for the advice.

I am curious as to what exactly the process with the OFT what the court process involves.

The thing I'm curious about is do I have a leg to stand on? Is what happened i.e. being told I could do one thing to get me to take a contract only for me to find out that I couldn't?

[buzby]

It all hinges on the judge and the day. You'll get a high score for your employment, but at the time you took out the contract you at least COULD change the tariff incrementally, these days you cannot even do this from last October.

The reasoning is the price you pay for the phone (Free?) is based on your commitment over 18 months. If you modify this, then the cost of the phone increases. It would be most unfair if an associate actually paid £99 for their phone, and agreed a 18 month contract at the tariff you WANT to be on, whilst you get the phone for noting and then switch to a cheaper tariff, meaning your switch disadvantages your associates more pragmatic view of phone usage!

It could be argued - irrespective of employment - that if you are unable to use the phone as aupplied for 18 months, it would be silly taking out a countract, but far better to be a PAYG customer instead. Therefore the error was in accepting the offer from the sales call in the first place.

There is a risk your credit file may be trashed over this, and no action you can take - even if you resort to court - will fix this. It may be better simply to complete the contract and use all the benefits it provides (to a firend or family member) or even transfer the rest of the contract to someone else, which you are allowed to do.

[Monoloco]

Thanks for the advice.

I guess it looks like, either way I go, my credit record is trashed!

The thing that winds me up, is that I sent a letter last year and - as far as I was aware - I was waiting for a reply.

Yet - as far as 3 are concerned, I have defaulted and they sent it to a DCA - the first indication of which was shen I received a phone call from them!

Surely they're not allowed to refer it until any dispute is resolved?!?!

If I do agree and pay the money (for a service which I don't use!) will there still be a blemish on my credit record?

I received a letter from the DCA today stating the whole 'collect money owed on behalf....etc etc'

[buzby]

Because they principally deal by phone - if they cannot contact you this way, things can slide... however you would have received monthly bills to show what was happening until they suspended the account ant billing.

As you now know of the dispute, you can challenge it, but they'll just point out that you could not do what you really wanted to do (suspend your contract) and the single move was all they'd permit (at that time).

There's no point paying for a service you don't receive - you can bring your account up to date and the phone - and the free call bundles will be reactivated. The default with then simply transform into a late payment and drop off after 12 mnoths. SON'T deal with the DCA. You're task is to negotiate with the organ grinder, not the monkey.

[Monoloco]

Thanks buzby.

I guess I'll be calling the bloody indian call centre again!

thanks for your help everyone

[buzby]

Good luck, let us know the outcome!