Urgent Help needed three Network will not cancel my contract

[infoseeker]

Four days ago I brought Nokia N97 on Three network , at the time it seem to be a bargain but guys after two days of using the handset , it freeze , it cashes , it doesn't even dial a number anymore.

 

So I go back to 3 store a different one as I brought my handset from a different town so it made sense to go to the nearest 3 store.

 

guess what they won't cancel my contract stating its in my T&C

 

I stated that the handset is unfit for its puposes. and I am fed of it.

 

they just won't have it back , is there anything I can do , I feel like taking them to court? via small courts claim.

[Mark_Blackpool]

Why do you want to, or believe that Three will or should, cancel the contract?

 

Replace the phone, yes, for one that isn't faulty. But I can't see why they're obliged to cancel the contract: unless you were returning it within a "cooling off" period for an outright reversal of the contract?

[Jan4a]

don't you have 14 days to cancel?

[infoseeker]

I have just spoke to Ofcom who have stated that I have to write a official complaint which they have 8 weeks to get back to me , however if I don't hear anything from them within the first 2 weeks I need to log a case with Oftel

 

I wish I never took up a contract with three and please people don't buy the N97 its full of crap and I am big crap

[Jan4a]

I don't understand why you can't cancel it if you only signed up 3 days ago. Isn't that the usual cooling off period? Or are phone contracts different?

[infoseeker]

You are correct that is the cooling off period but , because its the financial melt down period , they are trying to fob me off by saying that I can't cancel the agreement.

 

 

I have already cancel my direct debt and shall write a official complaint today

[Jan4a]

Should you be threating them with FSA if they aren't sticking to cooling off period? What do others think?

[andydd]

I think they may well argue that there is nothing wrong with the phone though.

 

I have a N97 too but havn't got any major problems but its quite clear that it was rushed out in competion with the iphone and it simply wasnt ready.

 

There are some fixes that Nokia will perform free apparently, this involves fixing the GPS receiver and fixing the camera lens cover, so Nokia have already admitted some liability for problems with this phone.

 

You may be interested to know that there is now new firmware out (v20) that fixes many bugs and adds proper kinectic scrolling and many fixes.

 

Im unsure of the legal rights in returning it, it may depend on wether it is truely faulty, was it bought in shop or online ?

 

Andy

[buzby]

Just say the coverage is not to your liking - that stops them trying to blame you for phone incompetence. Box up and return it to the shop and ask for a receipt and confirmation of cancellation. If the staffer refuses, ask for the manager. If they refuse, ask for the postal address to return it*, as you'll be charging them additionally for your postal costs.

 

*By Special Delivery, ONLY

Edited October 31, 2009 by buzby

[Jan4a]

Just say the coverage is not to yout liking - that srtops them trying to blame you for phone incompetence. Boand return it to the shop and ask for a receipt and confirmation of cancellation. If the saffer refuses, as for the manager. If they refuse, ask for the postal address to return it*, as you'll be charging them additionally for your postal costs.

 

*By Special Delivery, ONLY

 

Sound like a good plan to me!

[infoseeker]

thanks guys for all the feed back I brought this from the 3 Store in a different town , The 3 store that I went to state that I have to keep the contract and that there is no cooling off period, but they are willing to swap the phone for another like to like , I fused and stated that I want a Sony Erricsion phone , the sale's man refused and stated that I had to either accept his offer or go back to the store where I brought the phone from.

 

in the end I felt why should I continue on with the contract with that type of attitudes:|

[buzby]

Because you'll be wrung out to dry if you don't.

 

You should ONLY return the handset for cancellation to the store you purchased from, as it can become messy if another branch tries it (some networks won't even allow another branch to cancel).

 

Also, you would be cancelling because of bad coverage. NOT because you want a different phone.

 

Accepting a different handset would tell them you DON'T have coverage issues, and you simply want a different handset. A change of mind because of this isn't allowed - and if you're going to commit yourself to a contract, the LEAST you can do is choose the right phone, as you'll be stuck with it for years.

[Marivanna]

Hi,

 

I have got similar issues with Vodafone's Blackberry Storm, this BB has a sort of battery that needs little of extra care, it would not give you all advertised hours unless you perform certain rituals. But before I learnt that, I bought some extra batteries, it did not help, so I got HTC on another contract and gave up on BB.

 

Now I am 5 month into contract term of 18, had numerous rows with Vodafone, who said >

 

 

On the other hand >

 

Isn't there a bit of contradiction?

 

And what about saying at this point that I do not like the coverage? Will it still work? Or they just accept the phone and come after me for £400+ [remaining 13 month of contract]?

 

Thanks.

[buzby]

Id be surprised if there weren't contradictions - that's why we need judges!

 

On the bit you hilighted, what is causing the problem is everything you buy does not come with a binding contract. SOGA gives you rights over the phone, 7-14 days to reject due to network issues (bo coverage, hate the colour etc). After this the contract is confirmed. You must keep to the terms of the contract for service, BUT your phone still is covered under SOGA, BUT your contract doesn't magically end if the phone goes back or is lost.

 

Entering into a binding contract for something as frivolous as a mobile phone is nonsensical - there are too many downsides for the consumer, and that's before you even get to the Direct Debits....

[Marivanna]

Guess if there would be a way out, they would be out of business.

Thanks anyway.

[buzby]

You're right. We'd all be doing it. This is why the duration of contracts is getting longer (18 to 24 months), and their refusal to drop your tariff to the lowest level unless in extenuating circumstances).

 

They've been burned, and are refusing to be 'reasonable'. with is one of the better reasons not to enter into these contracts in the first place!

[Jan4a]

They've been burned, and are refusing to be 'reasonable'. with is one of the better reasons not to enter into these contracts in the first place!

 

I've been in contracts for years and never had problems, but am beginning to see you are right. Think next time I'll change to PAYG, like my dongle is.

[locutus]

I'm on PAYG as I use about £5 credit a month maximum, My good lady is never off her phone so we use the 30 day rolling contract. We buy the handset online (as you get a 7 day cooling off period) and after 2 or 3 months we get the handset unlocked to any network just incase they hike up the prices.

[Jan4a]

my contract phones from vodaphone seem to come unlocked. I know when I pass my old phones on to others they've been able to use them without getting them unlocked. It only costs a fiver to get it done at the local market anyway.

 

I think the new phones do loads of things but as I only text and ring and occasionally bluetooth photos to laptop, they're not really worth my paying for.

[RockyWilder]

All networks regardless of pay & go or contract of any kind don't offer any return period if its an upgrade. If its a new contract only O2 offer a 14 day cancellation. Thats strictly speaking if bought in store. If online or over the phone, you have your standard long distance selling act which is 14 days. It's best to deal with the person directly you set up the deal with, even the same branch. Other branches won't return your upgrade/contract because they take the deduction and its technically not their fault.

 

Networks are not obliged to terminate your contract unless they fail to meet basic service agreements that you agree to when you sign. For example, no signal/service. Thats always your best bet. Never tell the sales person you don't like the phone because thats then down to change of mind.

 

You also get your standard 28 day for a faulty exchange product.

 

After that it is down to your own devices unfortunately and they are in their legal rights.

 

In your circumstance, you picked quite a bad phone. I work for Carphone Warehouse and i refuse to sell the N97 because (i saw mentioned above) there are quite a few faults with it as it was rushed! Along with other phones such as ANY LG phone (avoid).

 

The faults you are experiencing with your phone, is Nokia's fault, not 3's. They have a new software update avail that fixes the crashing and 2 new small parts. The camera bezel (shield) that was scratching the lens making the flash blurry and a new GPS antenna shield that fixes some other glitches.

[buzby]

All networks regardless of pay & go or contract of any kind don't offer any return period if its an upgrade..

 

There is no such thing as a 'PAYG upgrade' - SOGA applies in full for the handset. As there is no service contract on the SIM, this is simply an airtime credit that can be used up and thrown away.

[RockyWilder]

02, Virgin and Orange all offer a pay and go service that you can upgrade with and get a better phone with. Often supplying discounts based open how mug you have topped up over the past 18 months, 10% to be exact. Alot of the time sales reps do this as it's often a cheap effective way of selling the phone to the customer and the margins are usualy decent for the store / rep.

[buzby]

There is no commitment required with a PAYG handset. You can certainly call it an upgrade, but this is a misdescription as there IS nothing to upgrade - with no contract extant, is is simply a marketing ploy.

[mrcarphonewarehouse]

There is no commitment required with a PAYG handset. You can certainly call it an upgrade, but this is a misdescription as there IS nothing to upgrade - with no contract extant, is is simply a marketing ploy.

 

 

you could argue that it is a marketing ploy, but the point is that such a thing does exist and the returns policy is different than buying a new pay as you go sim with a phone.

 

you see mobile phones have a handset only value which is more expensive than the value most people pay for phones, since the networks discount the phones as they presume people will top up in the future on the sim card they need to take with the phone.

 

some networks allow people who already have sim cards with their network to buy the phone at the discounted price without needing any top up, this is what a pay as you go upgrade is.

 

the reason for difference in returns policy is that the handset loses 30% of its value when returned, meaning potentially more money is lost.

 

As for this persons case with their 3 phone, the previous post from the carphonewarehouse employee is 100% correct, and from here 3 have no legal obligation to allow you to exit your contract, HOWEVER they MUST either exchange of repair the handset, in this case they have offered a repair so they have kept to the legal requirements.

 

If you are unhappy with the alternative handsets on offer then unfortunately there is now law to use against 3, as they have provided a service agreement which ie being fulfilled.

 

Any further action would have to be taken from out-with the store, and by head office or upper management.

 

I would advise you to contact 3 head office and express your displeasure, however the odds of you getting out your contract are unlikely.

 

As was also mentioned in the previous post by the CPW employee, the new software version for the N97 is much improved, and I would give it a try while you are waiting on a response.

 

 

Regards

Gordon

[natalie]

Three are an absolute nightmare anyway. It took me 18 months of standing my ground to make them go away after I ended my contract (30 days notice in writing, recorded delivery that was signed for) and they still billed me a further 2 months... it was only £70 but I refused to pay it on principle. It was passed from DCA to DCA and then eventually they gave up, removed all info from my credit file and disappeared.... after I wrote the chief exec a very nice letter telling him how I was going to contact every redtop and tell them how a single mother of twin babies had been threatened and harrassed for 18 months for money that wasnt owed.

 

I never heard from them again after that.