3 Mobile Broadband - now moved, and no service!

[mackerel]

Hi

 

I got the 15gb 3 mobile broadband on an 18 month contract about 6 months ago. Last month i moved home, and my new home doesn't have any reception for the mobile broadband - it won't even connect. I emailed 3 customer services and they said that because the contract was taken out at an address that they could offer the service to, then i must honour the contract or pay over £400 to end the contract early (!!!).

 

I find it ridiculous that i'm having to pay for a service that cannot be provided. Do i have any rights to cancel the contract (without paying any fee or the remaining 12 months) due to lack of service or something?

[Conniff]

I would say that comes under the unfair terms in the consumer regs.

 

Have a look in their T&Cs and see if it does say that or they have just made it up.

[installspark]

Mmmm....

 

Ordinarily I would say that you are still bound by the T&C of the agreement as the network provider cannot be held liable for, nor foresee, you moving from one area which has coverage to another which has no coverage.

 

However, looking through the T&C for 3, section 10.2c might actually give you a get out clause.

 

"© no network access or 3 Services. We may end

your agreement if we no longer have access

to other operators’ networks which we need to

provide 3 Services, or if we are no longer able

to provide 3 Services due to factors beyond our

control or because we cease business."

 

The crucial part begin highlighted.

 

As 3 are reliant on another network provider, IIRC T-Mobile, to give them the coverage in any given area, and the fact that you have no 3G coverage which is essential for mobile broadband, I would say that on this occasion you have a strong case for early termination without charge as 3 do not have the required access. By this clause, 3 should actually be ending your agreement on their part

[buzby]

No - you're stuffed. What installspark referred to is the arrangement 3UK has with Orange to provide 2G connectivity when their network cannot provide adequate coverage, however this does NOT apply to 3G Data, as Orange do not provide 3UK with 3G backup - only 2.5G.

 

As your contract specifically excludes non-performance or service issues, you cannot hope to break the contract because of the relocation, as they never guaranteed 100 coverage. Your only option is to use a service like CellSwap UK to find someone to take on your contract.

 

Should you refuse to pay, your service will be terminated and a default flagged on your credit file.

[maroondevo52]

Thread moved.

[mackerel]

thanks for the info guys.

 

I'll have a look at that cellswap - haven't heard of it before, but was wondering if 3 will allow it? Would they have any issues with someone else taking over my contract?

[mfpa]

was wondering if 3 will allow it? Would they have any issues with someone else taking over my contract?

 

IIRC, Three will allow the contract to be passed to another person as long as you give permission and the other person is "acceptable" to Three. I think you also have to be at least six months into the contract.

 

"Acceptable" means they can pass three's credit check over the phone.

Edited February 25, 2009 by mfpa
to tidy up presentation

[mfpa]

No - you're stuffed. What installspark referred to is the arrangement 3UK has with Orange to provide 2G connectivity when their network cannot provide adequate coverage, however this does NOT apply to 3G Data, as Orange do not provide 3UK with 3G backup - only 2.5G.

 

In addition to Orange providing the 2g backup, didn't three set up a joint venture with T-mobile for their 3g and HSDPA networks?

[mfpa]

© no network access or 3 Services. We may end

your agreement if we no longer have access

to other operators’ networks which we need to

provide 3 Services

 

People had the Devil's own job getting three to honour this 2 or 3 years ago when they switched from o2 to Orange for their 2g backup - people with o2 coverage but no Orange coverage.

 

or if we are no longer able

to provide 3 Services due to factors beyond our

control or because we cease business.

 

You could try convincing them that your house move is a factor beyond their control, which has resulted in their no longer being able to provide 3 Services. (-;

[buzby]

thanks for the info guys.

 

I'll have a look at that cellswap - haven't heard of it before, but was wondering if 3 will allow it? Would they have any issues with someone else taking over my contract?

 

 

It's in your contract - you are allowed to assign the contract to a third party, but as previously noted they must pass their credit check, as not to do so would provide a loophole they wouldn't want!