new 3 contract woe advice required

[gandalf72]

Hi I am looking for some help please with this awful company. Long story short.

 

I upgrade my 12 month contract during the week which I believed was for my existing 12 month contract terms plus a new phone which I would have to pay £166 for plus also free internet for contract however that would not start until the new bill cycle.

 

The phone arrives on Tuesday and I set it up. The box contains no documentation on contract so nothing to make me doubt anything. I have a few technical problems (novice user problems) so I phone up during the week to get answers to them.

 

Today is the start of the new bill cycle and when I expected the new internet option to kick in. I phone up and find out that not only am I not getting the free internet that I was led to believe I would be but agent put me on a 18 month contract vs a 12 month contract.

 

I have been on the phone today to 3 for over 4 hours in various queues to various different departments.

 

They will allow me to cancel the contract however they want to charge me a termination fee which would be for the entire 18 months of the contract and will not accept the phone back as it is used.

 

Does the European Distance sale of goods act work in this situation? Is there anything I can do re this ?

 

Thanks in advance

[jacktheband]

The Distance Selling Regulations should cover you in this instance if you had ordered your upgrade over the phone.

 

This gives you 7 working days starting the day after you receive the equipment/service. Contact 3 and advise them that you want to cancel the upgrade and return the equipment under Distance Selling Regulations. Search the office of fair trading website for more info on this regulation.

[postggj]

look under the telecoms threads for a cagger called buzby

 

they will be threads about this problem and buzby would have answered them

[gandalf72]

Quick update,

 

I just got a letter today from three stating that "What if I want to cancel - We're sure you're going to love 3 but if you for any reason you do want to cancel your contract early, after mthe money back guarantee period (if applies to you), we're afraid you'll have to pay a cancellation fee which is an amount oequivalent to the total of all the monthly charges still remaining during the minimum term of your agreement less a discount of 10%"

 

I dont remember the agent telling me this on the phone when I ordered phone. I also thought I was agreeing to 12 months with free internet and existing plan vs the 18 month and no internet and normal plan the agent placed me in. There was no money back in fact I had to pay for the phone £166.

 

Buzby sorry I had a look and could not see those threads you previously answered probably stupid user syndrom on my side. If you can or anyone else help me on this it really would be much appreciated.

[postggj]

send buzby a pm

[buzby]

Sorry for the delay - been away for the weekend!

 

The trouble you will have is this is an upgrade to an existing contract, not only that ALL renewals prevent you from being able to terminate for various issues (bad coverage etc). The NEW term should have been explained to you AND (hopefully) backed up in writing - one of the reasons it is never a good idea to conduct business like the on the phone as it is easy for things to be misheard, ignored, misrepresented or just not mentioned - and you cannot prove it.

 

I don't think any networks offers a 12 month contract as a minimum, it has been 18 (and 24) moths as standard. As your contract just restarts its minimum term, if this is your 'issue', then you need to get them to prove that this was what was agreed, as you would naturally expect any renewal to be under the original period you enjoyed. If this was made clear to you (the extra 6 months) then this was not to your expectation, and you want this amended (if they CAN prove this. However you'll be stuffed).

 

You're confusing two bits of law - there is the UK Sale of Goods Act, and the Distance Selling Regulations. The first kicks in if the goods don't do what they sat they do, but as it seems to be OK, this isn't an issue. For the Distance Selling Regs, this can be murky - but it does give you the right to reject, assuming you had the goods posted to you (not collected from a shop). Phoning is not good practice, as they'll often mislead about returning it (often because they don't know themselves).

 

If you return the handset, boxed as new by Registered Mail to 3UK's Glasgow address, explain that you have been missold and are repudiating the contract. You may lose your 'old' mobile number as a result, but time is of the essence and you should not delay!

[gandalf72]

Thanks for the information, I have sent a letter to 3 advising that under european distance selling regs I wish to cancel.

 

I am concerned by their clause charging me for length of contract can they do this?

[buzby]

There is no change in the length of the contract. ALL these service contracts have no ending date, and will rumble on until you cancel.

 

They have only changed the minimum term. Yes, they are allowed to do this, but you are not forced to accept the change as you need to agree to it. You would then advise them you wish to terminate.

[gandalf72]

Thanks for the reply. I have been on phone to 3 today and they have now not listened to the phone call recording they demanded they had 2 working days to listen to.

 

The manager said that they would not accept the return of the phone due to it being used and that they would charge me a termination of contract which would be for entire duration of contract (18 months).

 

I quoted the european regulations re distance selling but she said that didnt apply. She said she would charge me the 12 month price of the contract for the phone (£40 extra) and reduce it down to 12 months from the 18 month contract but that is all she would do.

 

I have not heard anything from the letter that I sent recorded delivery on Monday to Glasgow office. The above was from me phoning 3 customer services and been passed from piller to post.

 

So just to sum up I thought I agreed to 12 month contract and free internet. They have signed me up to 18 month contract and no internet. They have offered me 12 month contract if I pay an addiditional £40. They dismiss european distance selling due to used hand set. I believe that they do not have a call recording and are sticking with what the agent recorded in his log vs the phone call.

 

I am expecting a phone call back from the managers manager at some point today so any advice would be much appreciated.

 

Thanks for all replies so far.

[funkyparott]

Could one not put in a claim at the small claims court for misprepresentation?

 

 

Then, make an application for a witness summons. What are the chances of the call operator who processed the upgrade attending court from overseas?

 

You only have to prove on the balance of probabilities?

[gandalf72]

guys I have just had the phone call from their ops manager. I have agreed to not pay the additional £40 for the handset and they are going to reduce the term from 18 to 12 months.

 

Down side is I lose the internet aspect of the contract that I was promised by original sales person.

 

Small victory but better than 18 months or paying £40 to reduce the handset from 18 to 12 that they were insisting on.

 

I just want to say thank you to you all for your help. I didnt get my original deal. The stress though of having to prolong this is not worth the additional £5 a month over the 12 months for internet.