3Mobile & authorised collection agents

[Complainant]

Any advice would be greatly appreciated!

There is much more to my dispute with 3 Mobile from the point when I was discussing the contract in store with their advisor - who mislead me into signing the contract - although all statements were witnissed by a friend who too was considering taking out a contract.

I had contacted 3Mobile on a number of occassions to see if a limit could be placed on my usage. Most operators could not even understand what I was asking for. After speaking with roughly 10 different people over the course of a week I was told they could not place a limit on usage as it was automatically assigned to an astronimical £500! I could never afford this as a full time student but there was nothing I could do to reduce the limit.

After receipt of another large bill I wrote to them to terminate the contract stating I was in financial difficulties.This letter was not responded to and 3Mobile insisted it had not been recieved. Although I can not prove I posted this, I still have the file that by it's properties, it is possible see when the file was created and last modified. In this letter I offered the full outstanding amount as full and final settlement of the contract.

My account was passed to a collection agency. When I contacted them I agreed to secure a loan in order to pay the full outstanding amount, provided that this was in full and final settlement of the contract. The operator agreed to this but then passed my account back to 3Moblie. 3Mobile continued to bill me for my suspended service, even though they had not reactivated my line.

Have their actions been lawful up until now?

If I have paid in full and final settlement to their agents is the contract still valid?


Many thanks

Complainant

[buzby]

OK - I would have thought the fact that 3UK didn't offer a capped mobile service would have been enought to stop you signing up with them. NO network offers a call cap at the behest of the customer - some did to protect themselves until the first few invoices were paid, and sales folk sometimes mis-sold this as a 'service', but 3UK never did, so it is not within their gift to provide it on request.

If you knew you were in financial difficulties, then you would clealy have to have revised your phone usage to that of the supplied inclusive credits only - if you meant you couldn't really afford the phone commitment at all, then your problem was the contract you signed, this has to be discharged, and the simplest way not to lose out on this it to transfer the contract and phone to a family member, you will not be allowed to walk away, as the cost of the phone etc is part of your agreement commitment.

Moving on to your full and final settlement - all the person calling you wanted was payment of any outstanding debt, they are trained to take payment, but have no real grasp of F&F. IN any event, this arrangement would be rebuffed and is specifically excluded from the contract variation in the 3UK contracts.

As to Bailiffs - most unlikely, unless you've taken to court and you've lost. Your credit reference files will already be seriously trashed, but if the contract has been terminated for non payment, then it is a moot point whether it is worthwhile paying what is owed as it STILL stays on your credit record at your old address, as there is no way they'll reactivate the phone and let you use up the minutes you've paid for.

The real issue? If you want to have a mobile and a price cap, the way to go is PAYG as no top up = no service and more importantly, no cost!

[Complainant]

Ok, thanks for that Buzby. I did discuss the possibility of a cap with the salesman before I signed the contract, he said this was something customer services would sort for me. To be honest I didn't think there would be anyway out of this mess. It was my own fault for exceeding the free minutes, although they were purposefully difficult to keep track of.

Essentially, are you saying that I should contact 3, giving my current address and attempt to come to some arrangement for repaying the unpaid monthly fees for the term of the contract?

Are you also saying that if I do pay them the disputed amount outstanding it will not improve my position one bit?

[buzby]

What I would do (personally) and what would be the right thing to do may not be the same. Of course the correct thing to do would be to complete the contract or get it re-instated and promise to exercise more control over your usage. In return, 3UK could reactivate your mobile, you clear the debit up to date and complete the contract as agreed.

Now, whether 3UK will allow this is another matter - but I grow weary of firms that also don't provide (say) the final six months of inclusive call value, pull the plug, and the chase you for the full balance even though £15 of call vlaue each month was not used. Faced with that, I lose my moral stance and feel they're not entitled to anything.....