Mobile phone contract query

[kopper]

My contract with 3 finished about six months ago. April\May's bill was late in being paid so I was sent a debt collection bill on behalf of three. Paid that on the day requested 7th may. At the time my service was suspended a few days later I asked for my pac and told them I wanted out. 16th sent a letter saying same thing. Tried my phone and still no service couldn't phone out or couldn't receive incoming also in the weeks following people said they had tried to reach me but got a message saying " the number you have dialled cannot accept this call" this message is still active when dialling the number.

Anyway after sending off my letter I Thought that was that! A Little strange that I hadn't received an acknowledgment for three but hay-ho!......

 

Until today!!!!!!

 

Just got a bill for June and July line rental but what rental?

Called them up ......India call centre ...Great! they said as a gesture of goodwill they would knock off £15 towards May's line rental (£17.00)

"but what are you talking about I cancelled my contract with you and besides you are not providing a service anyway"

as I couldn't call out and no one can call in.

 

.....What should I do ? Why should I accept they didnt cancel and what service have they provided me with that they can charge me for?

[buzby]

You cannot cancel your service if the phone is blocked for non-payment. Also, I need to correct when you say your contract 'finished'. It didn't. You only completed the minimum term, the contract rumbles on until you ask them to stop, giving them 30 days notice to arrange the shut-down. Because you missed making the required payments, they can restrict service, and you are still required to pay them the standard fees under contract, and any reconnection fee if required.

 

When the money is paid, you often have to chase up reconnection, as this is not always done automatically, but they will not accept that because you were waiting for reconnection, you are somehow not liable for their 'error' in not reactivating.

[kopper]

 

When the money is paid, you often have to chase up reconnection, as this is not always done automatically, but they will not accept that because you were waiting for reconnection, you are somehow not liable for their 'error' in not reactivating.

 

 

This smells of 'breach of contract' in some way. Under law the responsibility should rest with the provider to supply a service, if no service is supplied then for that period in time no charge can be levied?

 

They are accepting a form of responsibility for May because of their £15 credit but my argument is why not June also?

[buzby]

Who broke the contract 'first'? If their back office system cannot quickly process a reconnection automatically, that is a shame but it may take a month or so for this to happen without human intervention. If you called the next day, a staffer could turn it on immediately. Since the consumer dropped the ball, and no doubt has already had their credit file marked accordingly, as for the disparity of May/June, the first credit would be a goodwill gesture, the second wouldn't, because there is a SHARED responsibility, and if the customer doesn't tell them of a problem, they're not going to accept this as a valid reason.

Edited June 18, 2009 by buzby

[kopper]

Hi again

 

thanks for your level haeded response

 

Firstly I sent them a notice of cancellation on the 17th may they say they never received so where would that leave me, as once I sent the notice I naturally believed the request would be received. As I didn't receive a bill for June I thought this had been carried out. Their argument is that they never got a letter, similarly mine is since there was no service from 16/05 till 17/06 and no bill I had no further need to contact them.

[buzby]

There's no definitive answer to this - just as there are many people who DO sent requests to cancel, there are many others who don't, but SAY they did - so it is understandable for firms to be sceptical. That said, firms are not helping their case by having inefficient back-office systems and losing correspondence or even flagging someone elses account with the departure request, just blatant incompetence.

 

This is why when sending a notice of cancellation in writing should always be by Recorded/Signed For. This means you letter has a higher profile on arrival, and since you can track its delivery if there is any dispute, you can provde the link to RM's website and confirm your notice was given and your termination date remains.

 

Did the fact you heard nothing from them not alert you to the possibility they may not have recieved or were ignoring your letter? Often this is the precursor to frantic activity as they offer you blistering deals to stay on with them.

 

Whilst you could make a big thing of saying it was posted and you had an expectation they would comply with your request. The failing of this argument is that the company has all the cards and an opportunity to wreck your credit file, so it is pragmatic to ensure your correspondence is bullet-proof, (or is made to be so, urgently) so that you can bring the matter to a speedy conclusion.

[pelham9]

I take your word for it that you posted the cancellation. The law in the UK says that any letter committed to the post is deemed to be recieved by the addressee. However it is wise to get a proof of posting from tthe post office at the very least. Recorded delivery is better because Royal Mail sometimes lose letters.

 

On many occasions it is often very much to the advanttage of banks, phone operaters etc to 'lose' communications and then deny receipt - and many many times they do so lose them. I am sure that this is, in many instances, company policy. They quite often say that they have not received letters that they have signed for!!

 

What I find distressing about this is that there is a culture in these companies that tars everybody with the rogues brush - all custmers are liars. What has happened to idea that the customer is always right. Everybody is treated the same because a few take advantage. It would do wonders for O2's image if they would treat all customers as honest until proved otherwise. Pie in the sky?

[postggj]

Ive Just Contacted 3 To Settle My Account As My Contract Is Up

 

They Just Sent Me There Final Bill

 

It Does Say At The Bottom

 

This Is Your Final Bill

 

With Out That You Are Stuffed