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This is my first post so hello, and can anyone help.

 

Both my hubby and I have a contract with 3 -- over the past few months we've been having problems with the network -- we're trying to make phone calls and they won't connect, and when people try to ring us it just goes onto answer machine. this has happened about 5 times over the last couple of months, and usually after I ring and tell them the day after its been sorted.

Anyway, this time its been 8 days up to now. We can only make phone calls sporadically when the networks working. I've spoken to numerous people and its apparently being 'investigated' I asked for a manager and when I finally got one he was far from helpful. I said we wanted releasing from our contracts because they were not providing the service they should have and my son had been trying to ring us from school to pick him up and he couldnt get through. He was waiting in the rain for half an hour. He wanted over £400 early release fee and there was no way he was going to budge. I've spoken again today and its still under investigation and there is nothing further they can tell me. I am assured it will be corrected!! I seriously dont want to pay these people any more money. can I get out of my contract?

Any advice would be greatly appreciated.

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This is my first post so hello, and can anyone help.

 

Both my hubby and I have a contract with 3 -- over the past few months we've been having problems with the network -- we're trying to make phone calls and they won't connect, and when people try to ring us it just goes onto answer machine. this has happened about 5 times over the last couple of months, and usually after I ring and tell them the day after its been sorted.

Anyway, this time its been 8 days up to now. We can only make phone calls sporadically when the networks working. I've spoken to numerous people and its apparently being 'investigated' I asked for a manager and when I finally got one he was far from helpful. I said we wanted releasing from our contracts because they were not providing the service they should have and my son had been trying to ring us from school to pick him up and he couldnt get through. He was waiting in the rain for half an hour. He wanted over £400 early release fee and there was no way he was going to budge. I've spoken again today and its still under investigation and there is nothing further they can tell me. I am assured it will be corrected!! I seriously dont want to pay these people any more money. can I get out of my contract?

Any advice would be greatly appreciated.

 

In your contract does it state 3's commitments to you? If not, get in touch and ask them to get you a Service Level Agreement (SLA) and see if they're in breach and what the terms are. Then contact Ofcom :)

 

This is just what I'd do :)

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I've not checked 3's T&Cs but I would imagine that they include a term the same as every other network which states that they do not guarantee to provide coverage in 100% of the country 100% of the time ie essentially meaning you cannot get out of your contract due to no signal/coverage.

 

As this has gone on for quite a while, you could try putting in a formal complaint about it. But you might find all they offer you is some line rental credit.

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When I spoke to the manager, he said he would give me line rental credit for the 8 days so far. I said no I wanted a full release, by now I was getting very angry with him!!

Its still exactly the same -- disgusted is not the word!

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Hi

Couple of questions...

How long have you had the contracts?

Have you always had problems since you had the phones, or have they suddenly started?

Have you had problems with other networks?

 

My thinking is, if the phones have always been a bit dodgy but they were sold as having good coverage in the required areas, you might have a case for them being mis-sold: you'd probably need to prove you checked the coverage and were told it was OK, or possibly that it was OK once and now it's poor; perhaps a transmitter has a fault?

 

Maybe the handsets are faulty- have you sent them for repair? Do you have a friend with a 3 phone who would check the performance on their phone in your areas?

 

Good luck!

Adam

Any advice or opinion given is done so in the spirit of goodwill and assistance, but please note I'm not legally trained or qualified, only hoping to help. My advice or opinion is based on experience in my life, and research from forums such as this and other useful sites.

 

Please seek professional legal advice if you are in any doubt about what to do next with your personal case.

 

There are many threads on this forum to help you and I do recommend searching around to see what steps others have taken. You're in good hands with CAG-

buy a ConsumerActionGroup.co.uk email address, and help to keep this forum going!

 

If you like what I say, feel free to give those scales a tickle :-)

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Hi Adam

To be honest I've had a contract with 3 for about 5 years and never had a problem until the last few months. I've had this phone since about May and my hubby has had his for 12 months. They both are having the same problem, which makes me assume its the network not the phones. 3 have never offered to take the phones in for repair or change them

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Hi

 

It's worth getting them sent off- 3 will send a courier to collect and return them to you, normally within 3 days (I've had a few repairs myself).

Tip: when you call through, always accept the 'leave feedback' option and you'll be amazed at how lovely they'll be...

 

Even if this doesn't fix the problem, you've tried; then you complain again, and again, and eventually they'll have to admit fault. I'd suspect it's not the network from my experience- especially if both phones are the same model, or even make.

 

If you kick up enough of a fuss- and although you really want to, don't yell- they'll help. I had a new phone after 6 months of a contract because it went away for a repair, came back and was no better. I told them I'd lost faith in it, and was going to change networks, please reduce line rental to the minimum. They called me, from the Glasgow office, really nice chap, very helpful and sympathetic, I got a new phone the next day. I had to take an 18 month contract on the new one, which wasn't a problem, and I actually offered to do this, to seem willing to meet them half way (yeah OK, maybe I should have stuck to my guns, but seeing as 3 let you upgrade 110 days before your contract expires, it meant an extra 70 days in real terms, not a big deal!).

 

If you have any of your previous handsets, put the SIM back into them and try it- easy way to test the network, and great ammo for your call- "well I tried my old phone which is 3 years old now and the battery is shot etc etc and everything was OK" - this usually gets round the switch on/off/reset settings stuff they spin out.

 

Good luck and keep trying. I know a lot of people slate 3 but I've never really had anything to complain about, and unbelievably I actually wrote to them once to thank them for some exceptional service, a very rare thing. And no, I don't work for them, although I did work for a competitor back in the 90s!

 

Adam

Any advice or opinion given is done so in the spirit of goodwill and assistance, but please note I'm not legally trained or qualified, only hoping to help. My advice or opinion is based on experience in my life, and research from forums such as this and other useful sites.

 

Please seek professional legal advice if you are in any doubt about what to do next with your personal case.

 

There are many threads on this forum to help you and I do recommend searching around to see what steps others have taken. You're in good hands with CAG-

buy a ConsumerActionGroup.co.uk email address, and help to keep this forum going!

 

If you like what I say, feel free to give those scales a tickle :-)

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Forgot to ask- what handset(s) are they?

Any advice or opinion given is done so in the spirit of goodwill and assistance, but please note I'm not legally trained or qualified, only hoping to help. My advice or opinion is based on experience in my life, and research from forums such as this and other useful sites.

 

Please seek professional legal advice if you are in any doubt about what to do next with your personal case.

 

There are many threads on this forum to help you and I do recommend searching around to see what steps others have taken. You're in good hands with CAG-

buy a ConsumerActionGroup.co.uk email address, and help to keep this forum going!

 

If you like what I say, feel free to give those scales a tickle :-)

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Thanks Adam

I forgot to mention that we both have different handsets, mine's a sony ericsson, hubbys a nokia. I have tried the sims in different handsets and its still the same!

I've written to head office in glasgow with a complaint and a threat to go to Ofcom, hopefully that will do something.

 

Not happy though - its now 11 days and no one has bothered to ring me from 3 since Monday, even though they prmised to ring back

 

I'm really disappointed as like you Ive been happy with them for the past 4 years. MInd you you never know until you have a problem do you.......

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Ok.... assuming you have done all the resetting of the settings, etc... the only thing I can think of it to contact their real head office in Maidenhead- 01628 765000 or fax 01628 765001 with a brief summary of the saga so far- enough to make them read it, but not too much that they can find excuses for why the problem isn't their fault.

 

Tell them that the last couple of calls to the general helpline have not been very helpful, and due to the poor quality of the phone, you had great difficulty in understanding the long distance connection- this is a polite way of saying you want someone to call from either Maidenhead or Glasgow. You will receive a better quality of service, trust me- I've used this type of line before.

 

Sprinkle a few key phrases into the fax, or conversation- 'duty of care', 'responsibility to customers', etc, but keep calm. 'Disappointed' is a great phrase- remember when your parents used to tell you off, and they weren't angry but disappointed in you- wasn't that worse than them yelling? Always found that to be effective. Remind them you've been a loyal customer for years and how 4 of your friends connected because of you. Tell them you are thinking about a couple of broadband dongles but are reluctant because of this. Might be bull but they won't dispute it. Don't mention compensation, all you want the service to work ;-) . Get it sorted, then ask for a credit on the line rental for the period you couldn't use the phone.

 

Sometimes they offer reconditioned phone swaps, I've had one of these too and it was fine- they check the workings and stick a new casing on, usually a 6 month warranty but tell them you'd consider it if they offer a longer warranty, and replace the case and car charger you bought.

 

Main thing is to keep calm- be Gnasher by name, but not by nature!

 

Keep us posted!

 

Adam

  • Haha 1

Any advice or opinion given is done so in the spirit of goodwill and assistance, but please note I'm not legally trained or qualified, only hoping to help. My advice or opinion is based on experience in my life, and research from forums such as this and other useful sites.

 

Please seek professional legal advice if you are in any doubt about what to do next with your personal case.

 

There are many threads on this forum to help you and I do recommend searching around to see what steps others have taken. You're in good hands with CAG-

buy a ConsumerActionGroup.co.uk email address, and help to keep this forum going!

 

If you like what I say, feel free to give those scales a tickle :-)

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  • 3 weeks later...

Update..

 

Sent a letter to Glasgow -- got a phone call offering refund of line rental up to that point (12 days) I refused saying I wanted cancellation and wouldnt accept refund until I knew howlong it had gone on for.

 

23rd Dec -- got a phone call from technical support confirming the problem had been resolved My reaction was 'are you having a laugh' to which i was told the problem had to be escalated again!!!

 

28th Dec -- still not working on both phones and not heard anything since!! Thats 1 month with no proper service -not a happy bunny :-x

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Making a complaint:

 

We take any complaint you might make seriously and aim to respond to within five working days. If you have a concern, please contact Customer Services on 0870 7330 333 (calls charged at your national rate) or call 333 from your handset (free) and we’ll do our very best to resolve the matter to your satisfaction.

 

 

Taking a complaint further:

 

In the unlikely event that we don't fully resolve your complaint or haven't responded to you in 12 weeks, you have every right to contact Otelo for help and advice. Otelo is the telecommunications ombudsman– that is to say, it's an independent body that's been approved by Ofcom to resolve disputes between customers and providers.

Otelo may refer the compliant back to us if we haven't been given sufficient opportunity to resolve the matter or the complaint falls outside of the body’s remit. If Otelo accepts a case for investigation, like all providers we agree to be bound by the decision it makes.

You can write, send an email or call Otelo.

 

 

Otelo

PO Box 730

WARRINGTON

WA4 6WU

 

Email: [email protected]

Tel: 0845 050 1614

 

 

This is taken from the code of practice that three have on their website. A small point that is missing from their code of practice is that you can escalate your complaint to OTELO if they give you a deadlock letter before the 12 weeks period. If OTELO don't sort the problems you can then escalate to OfCom. In your next correspondence with them, request a deadlock letter and see if OTELO can help.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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Thanks for that -- I had noticed on the Ofcom site about this so was going to mention it next time i spoke to someone. I sent another recorded letter just before xmas so was going to wait until maybe Tues next week then try the Maidenhead number Adam had left earlier. I cant imagine they'd give me a deadlock letter but you never know!

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I donlt believe you will get a release for the problems you outline. There is no requirement for the network to guarantee that the service will be available 24x7, they just have to ensure when a problem is identified it is rectified ASAP. The offer of compensation for the missing days will be seen as adequate, especially as they are not required to do so.

 

IMHO expecting a contract release is unwarranted. Calls fail for many reasons, local cellsite congestion is one, and if there are no circuits on a busy cell to deliver the call, voicemail kicks in - and this happens to all networks.

 

Expecting it to be 100%, 100% of the time is unreasonable - and Ofcom know this.

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I dont expect 100% all of the time but to not be able to use 2 phones in your household for 28 days up to now and it still not work is not acceptable....... and to have to buy a PAYG phone so people can get in touch with you when you pay up to £60 a month to a company is ridiculous!

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Ridiculous, perhaps - but then it was you who chose to put all your eggs in one basked (as it were). Diversity in communications is king - it would be foolish to depend on a single supplier especially when they don't offer resilience. They have agreed to rebate where they're service fails, this is as it should be. Expecting that this should allow a free pass from a contract is a nice idea, but not a slam dunk certainty, even if you should from the rooftops.

 

ALL the networks have stranded subscribers at one time or another, for differing reasons, but fortunately not all at the same time. THIS type of resilience is achievable for free, just by opting for tariff that allows cross-net calls as part of the deal.

 

I trust the PAYG phone wasn't on the SAME network....? :)

 

You've spent money needlessly, when you could have had this diversity free of charge by spreading the load round the various carriers. It is also worth knowing if using a PAYG 'virtual' network (like ASDA, Tesco, Talk Talk) that you know the REAL network providing service, as there is little point is expecting a useful back up between O2 and Tesco, Vodafone and ASDA and even 3, which uses Orange 2G in non UMTS coverage areas).

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Buzby makes a valid point in as much as no network can or will guarantee 100% coverage, however in my opinion to have had what you felt was good enough coverage to have been with 3 for 5 years and suddenly for it not to work, something must have changed. It could be a relocation of a transmitter, or as Buzby says cellsite congestion: maybe your neighbours have all suddenly connected to 3?

 

Keep at them. Don't relent. Something isn't right and it needs to be fixed. It's unlikely to result in them cancelling your contract but if you become a big enough nuisance they might do it just to get rid of you! I remember my former employer doing this many years ago because whatever we did for one certain customer, he just wasn't happy, he'd be in the store 3-4 times a week moaning about something or other, almost always trivial, and we just wanted shot of him.

 

Another line of fire might be some of the industry magazines- I remember "What Cellphone" and similarly named titles which you can buy in most larger branches of WHSmiths. Contact them, ask them if they'd be interested in hearing your tale. Might be best to warn 3 that you will consider this, to give them a chance to try again.

 

I'm not sure they're obliged to give you anything other than a refund/credit of the days where the phones could not be used, most Ts&Cs specifically deny liability for consequential loss, etc. Could be worth suggesting that they might possibly be liable under the Supply of Goods and Services Act for failure to provide the service, and could be held in breach of contract if they don't come up with something quick sharp. Not sure if that is watertight but it might scare someone at 3 into looking that little bit harder.

 

Also worth giving Otelo and/or Ofcom a quick call to ask for advice; they'll make a note and give you a reference number. You could then mention this to 3 in your next letter, again might prompt a better response.

 

Although it's not your problem remember it's Christmas and they're probably bogged down with new user queries, continue to be patient but persistent.

 

Don't give up!

Adam

Any advice or opinion given is done so in the spirit of goodwill and assistance, but please note I'm not legally trained or qualified, only hoping to help. My advice or opinion is based on experience in my life, and research from forums such as this and other useful sites.

 

Please seek professional legal advice if you are in any doubt about what to do next with your personal case.

 

There are many threads on this forum to help you and I do recommend searching around to see what steps others have taken. You're in good hands with CAG-

buy a ConsumerActionGroup.co.uk email address, and help to keep this forum going!

 

If you like what I say, feel free to give those scales a tickle :-)

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