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3 try to trick users into renewing contracts!!


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My girlfriend has been on the 3 network for 16 months, her contract ending in January 2008. They just sent her a new phone (Nokia 6120) which she told them she did not want, their response being just to phone up and they will collect it if she doesn't want it.

 

When the phone arrived she opened the box to see what it was like and for some reason put her sim card into the new phone. 3 are now saying that the contract has been renewed as the sim card was put into the new phone which 'personalised' it. Obviously I am a bit annoyed with their dubious business practises!:mad:

 

Is what 3 are saying actually true, that she has 'agreed' to a new contract by inserting the sim card? If so is there any way to get out of it?

 

I see there is a 14 day cooling off period for mobile contracts in which customers can cancel their contract if it does not suit them. If she has to resort to this how does the fact that they sent the new phone 2 months before the contract expires affect this?

 

Any advice on this will be greatly appreciated. I am sick of large companies wasting my time and trying to steal my money!!:shock:

 

Regards

Andrew

First Direct: Settled after LBA - £687.50

Bank of Scotland: LBA sent (too busy to deal with my request!)

MBNA: SAR sent

Morgan Stanley: SAR sent

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Well, 3UK rarely send out replacement phones unasked. What was the reason she contacted them in the first place that started the ball rolling?

 

To be fair, if she didn't want the handset and never requested one, putting her SIM in and trying it out was not a good idea, as the phone is no longer new - a bit like going into M&S and buying a pair of boxer shorts. They'll take it back if not used...

 

Her argument will have to be she never requested a replacement phone, and they'll have to prove that she did. As for using it, since she wasn;t at her contract end, she thought the replacement was perhaps because she was a loyal customer and the replacement phone might have resolved problems she was already expewriencing.... but it's a long shot!

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Thanks for the reply buzby. My girlfriend received a call from 3 earlier this week saying that they could offer her a cheaper contract with a new handset. She told the person that she did not want to rush into it and did not want that handset anyway (she wants a Nokia N95). 2 days later a new Nokia 6120 arrived and she opened the box to see what it was like. If it was like a N95 she would have considered keeping it.

 

Some phones will not let you do anything without a sim card in and this is why she put the new sim card into the phone. (Even though this particular phone works without a sim card). Obviously she now wished that she had not!

 

I think the main problem here is that my girlfriend is Polish, she speaks good English but will sometimes not understand technical knowledge or won't understand some accents etc. I suspect that the sales person may have been looking to reach their target and thought that she would not know how to question the contract and just stick with it.

 

Your advice is very helpful and I will request that they prove she did indeed agree to this contract renewal. I will likely speak to them myself as it is a bit too easy for somebody to be fobbed off when they are not speaking their native language! We will see what happens.

First Direct: Settled after LBA - £687.50

Bank of Scotland: LBA sent (too busy to deal with my request!)

MBNA: SAR sent

Morgan Stanley: SAR sent

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It wouldn't be for the first time an over-zealous salesperson shipped out a phone that was unwanted! It may be best to return it at your expense as 'Not Requested' (forget about having supposedly used it) by Special Delivery and keep the receipt. Then, in any further dispute you can prove it was sent back and it is the network who are on the back foot!

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yes, return the phone to the agent, call up 3 and say i didn't request this phone , if they fail to cancel the contract say you'll take #em to court or sommat, you're within 14days and are allowed to return the phone if be.

 

Then call yor bank and tell em not to take any money out by 3g... basterds.

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Well, my girlfriend called them and got passed from call centre to call centre. After about 10 minutes I took over and spoke to the poor guy in Mumbai, India who was really just sticking to the party line. I explained that the initial sales person had NOT explained that inserting the sim card into the phone would renew the contract and that I required them to prove that he had.

 

I specifically asked if he was refusing to give me the address for returning the phone to - the reply was that there is no address, but also that the system would only let him send out a return jiffy bag if we agreed that the contract would stand. So - apparently no way for the system to deal with anything other than sales really, how convenient!

 

I suppose I will have to send the phone with a letter back to 3's address which is registered on Companies House. Can anyone confirm that this is the correct address, or supply another for returns?

 

3G LIMITED

3B LEIGH GREEN BUSINESS PARK

THE APPLEDORE ROAD

TENTERDEN

KENT TN30 7DE

Company No. 04303728

 

Unbelievable the amount of effort required to avoid being ripped off by companies with a turnover in the billions!! Oh, if you are thinking of getting a new phone I wouldn't recommend 3g by the way!!

First Direct: Settled after LBA - £687.50

Bank of Scotland: LBA sent (too busy to deal with my request!)

MBNA: SAR sent

Morgan Stanley: SAR sent

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That's not your company!

 

3G is a description of a technology - being the third generation of mobile. The mobile network you are talking about is called 'Three' (or more properly 3UK) It is NOT '3G' You really want Hutchison 3G (UK) Limited, and the Executive Office is at 123 St Vincent Street, GLASGOW G2. Their Registered address is:

 

 

Hutchison 3G UK Limited

Star House

20 Grenfell Road

Maidenhead

SL6 1EH

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Thanks again Buzby,

 

It turned out the address is actually in Glasgow.

One of the Three customer services people was actually helpful and gave us the address. I posted it Special Delivery with a letter explaining that the phone was being returned as it was not ordered and that I wished the contract to be put back to the previous one for the remaining 2 months of the contract and cancelled thereafter.

We are about to cancel the direct debit and make the last two payments manually (which costs an extra £3!) Just a waiting game now to see what happens I suppose.

First Direct: Settled after LBA - £687.50

Bank of Scotland: LBA sent (too busy to deal with my request!)

MBNA: SAR sent

Morgan Stanley: SAR sent

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Glad you made contact, however, is there anything preventing you making a 'full and final' payment NOW? If you only plan to use the bundle and not incur any additional costs, since their non-DD charge is billed per invoice, if you pay in in advance (to 'close' the account) they would have a hard job saying the £3 + £3 was to cover their costs!

 

Many firms' systems only charge the fee if the account doesn't have a credit balance, and you could easily argue that the early cancellation of the DD AND the payment to clear the account made them lose the right to the application of this 'penalty'.

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This is the letter sent (with phone) within 8 days of receiving the new phone which was not requested:

"To whom it may concern,

 

I am returning this phone (Nokia 6120) as I did not ask for it. Indeed when I was called by the salesperson I told them I did not want the phone, or to renew my contract and they said they would send it anyway and I could just return it. I am now having to do so at my own expense!

 

As I did not request this phone or for my contract to be changed or extended I am requesting that you cancel the new contract and resume my old one which expires on 30th January 2008. In any event it is my legal right to cancel the new contract within 14 days.

 

For your information this letter and the phone were sent recorded delivery – I have proof of both postage and receipt. I would also request that any further communication regarding this matter be done by letter, not phone."

 

The phone was barred and then my girlfriend called to see why. They are going to send the 6120 back to her and apparently they cannot cancel the contract. Does anyone know where we stand here? They have already switched over to the new contract even though there was still at least 2 months on the old one. How does the 14 day return work?

First Direct: Settled after LBA - £687.50

Bank of Scotland: LBA sent (too busy to deal with my request!)

MBNA: SAR sent

Morgan Stanley: SAR sent

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You seem to have missed the point of users complaint buzby

 

While i was on the phone i asked the advisor to cancell my contract as I was going pay as you go. The advisor came back to me and once again said they were able to give me a up grade on my mobile (new phone) and they offered me another special deal this time 18 month contract for 100 mins and 100 txts for £15. Now again this was for the term and not each month. I questioned this and asked for comformation and was quite cleary told £15 for the term and that i would recieve the bill at the end of the contract. To this I agreed.

 

(S)He then received a monthly bill ......... this is why (s)he now wishes to return the phone

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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  • 2 weeks later...

Well it got sent back with a letter saying that they could not cancel the contract as the phone had been personalised. Plan B - flog it on ebay and never waste my time with three again. These big companies know they have the upper hand with in-house lawyers to check everything out and they have so many customers they couldn't care less about one or two awkward ones!

First Direct: Settled after LBA - £687.50

Bank of Scotland: LBA sent (too busy to deal with my request!)

MBNA: SAR sent

Morgan Stanley: SAR sent

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my contract finnishes at the end of january and carphone warehouse have said i need to put it in writing to cancel my contract...i was adamant and told them that dont bother renewing the contract because i do not and will never deal with them again i shall also pay now the january fee and call it quits am i correct or do i have to follow their request

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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You really should put your request in writing, keeping a copy.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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will do was anoyed that i have to write to this lot ,would nt trust them after i made my complaints and eventually got my money back from them but they have been overcharging me for two years...so i will put it in writing just to be rid of them....

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Well it got sent back with a letter saying that they could not cancel the contract as the phone had been personalised.

Ask them for proof that it has been personalised and proof of contract, either by written contract or telephone recording.

 

Dont give up without a fight

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