Mobile Phone contract(s) HELP!

[fables]

Hi all - new here and hoping for some advice (I reckon i'm probably a hopeless cause in this case, but we'll see...)

 

This evening whilst perusing my bank statement online, I noticed something odd with my mobile phone direct debits, basically there were two lots going out every month even though, to my knowledge, I only had one contract. The payments were well apart within each month which kinda explains how I missed their duplication until now (no real excuse, I know...). Anyways, I just got off the phone with 3 and it turns out i've been paying for my current phone account along with my PREVIOUS account since JUNE 2006! As far as i recall, I had been bought out of this previous contract by phones4u in june 2006 (i received cash for the remaining months I had on this and got a new phone and number). Now it would appear that although I received money for the remaining months of this old contract, the contract was never actually cancelled. I am properly skint at the moment, what with it being christmas and all and could really do with all that money back! I suspect i don't have a leg to stand on as I have no documentation of cancellation or anything but as far as I was aware, my old contract would end once its length was up, hence the cashback (to cover the initial duplication). URRGGGH! Any help/hope would be most appreciated.

 

Cheers...

Fables

[MilkTrayMan]

Hi fables!

...I received money for the remaining months of this old contract, the contract was never actually cancelled...and could really do with all that money back! I suspect i don't have a leg to stand on as I have no documentation of cancellation or anything but as far as I was aware, my old contract would end once its length was up, hence the cashback (to cover the initial duplication). URRGGGH! Any help/hope would be most appreciated...

I may not be the best person to advise U re: Mobile Phone Contracts, as I have only ever had a PAYG (...other than my works one, that is!).

However, I think that common sense dictates that your 1st step should be to write to 3 asap + immediately CANCEL YOUR OLD CONTRACT, as per the T&C's that 3 insist that U have to do, to do that.

That should at least STOP any further losses for a non-existent, redundant service.

 

Your 2nd step should be to contact your current Phone provider, phones4U, + request a Copy of your Original Credit Agreement for your NEW Phone + any T&C's.

U may find, that it was down to U, to cancel your Contract with 3 for your old Phone?...But, then again, it may not have been?!...

Here's a link to a Template £1 CCA 1974 Request Letter (...which U may need to modify to suit your own requirements?!)...

£1 CCA 1974 Request Letter

 

I'm unfamiliar with the way 3 works (...other than knowing that it piggybacks T-Mobile), but I assume that it's excuse for the original contract rolling on, would be that it causes 'less inconvenience' for it's valued customers!...

 

Once U have had a look at the T&C's of your NEW Phone, if it was down to phones4U to have cancelled the original contract...It will be THEM that U will have to chase up.

If cancelling your original contract was down to U (...which, I suspect, seems more likely!), then your fight is with 3 itself.

...Although I don't fancy your chances, other than throwing yourself on the mercy of their Customer Services Dept.?!...

 

Hopefully someone should come along + clarify what I have just typed soon, or else tell U more precisely?!...

[fables]

Cheers mate! - don't worry, i cancelled my contract over the phone with 3 last night, although they still tried to flog me an upgrade on it...

 

I'll send that off to phones4u and see what happens...

 

Thanks again!

[MilkTrayMan]

...i cancelled my contract over the phone with 3 last night...

I would back up your telephone cancellation with 3 last night, with a written letter to them, confirming your request.

 

That way, if U keep a copy of your letter, U will have evidence to take to Court if they 'forget' what U told them over the telephone + continue to debit your current account!...

 

Don't forget to send your letter via Recorded Delivery also!...

[sequenci]

A CCA request is useless as generally mobile phones are not covered by the CCA at all.

 

I would imagine it would have been your responsbility to have cancelled the old line, as per the Ts & Cs. You might want to try and challenge this with the store, however, maybe getting the store manager involved might get something sorted?

[fables]

I would back up your telephone cancellation with 3 last night, with a written letter to them, confirming your request.

 

That way, if U keep a copy of your letter, U will have evidence to take to Court if they 'forget' what U told them over the telephone + continue to debit your current account!...

 

Don't forget to send your letter via Recorded Delivery also!...

 

Yeah - will do this today...

 

Do you think it's worth writing to phones4u and/or 3 and explaining the situation, perhaps appealing to their good nature....?? I've not touched this contract for over a year so it will be obvious that i didn't want it and while i appreciate it was an error on my part, either I was misinformed or the proceedure was not sufficiently clear.

 

Also re: speaking to phones4u manager, previous experience with them has taught me that they're the most unhelpful people in the world, so i'll hold on that one...

[MilkTrayMan]

U will need to double check with phones4U about who was suppose to cancel the old contract, just to make sure it wasn't them.

Their payment to U to cover the remainder of your old contract suggests that it wasn't up to them though?!

Perhaps U could say something grovelling in your letter to 3 about it??

I think U would need to check online, 3's T&C's of providing a Service to U + their Termination proceedure etc, just to see if U can pick something up that may give U something that U can base your plea to them on?!

[fables]

Cheers - i'll send them a letter today....watch this space...