3 mobile cancelled my contracts

[The wife]

Hi,

 

I took out a contract with 3 mobile over 3 years ago, my husband had one with them too, we had financial issues and about 18 months ago went with a DMP, the mobile bills were being paid as normal (monthly by DD), my husbands phone got cut off so I took out a 2nd contract so he would have a phone for work, anyway about a week after taking out this 2nd contract and paying a £100 deposit they cut both my phones off due to the DMP..now over a year later they are demanding through a DCA the charges for teh line rental (no problem with that although £28 for a week is excessive) and the disconnection fee for breach of contract.

 

I am willing to pay the rental for that week and any call charges but I never had a letter of notification of disconnection or anything just got up one morning went to use my phone and nothing...not even the other phone..both phone disconnected.

 

The newer contract, as I said was a maximum of 10 days old but arranged and paid for over the phone. Is there anything I can do?

[buzby]

Difficult.

 

If you enter into a DMP, many firms look upon this as a parallel track to personal bankrupcy- and as you know in the latter case you are prevented from opening accounts and services without due disclosure.

 

Many contracts are clear that they will terminate the contract if the account holder is bankrupt 'or enters onto any financial arrangement with ther creditors'. Effectively, by opening the account whilst a DMP was active, you broke one of their rules, and the as such the contract was cancelled. This has the downside that any terms for early termination will work against you.

 

It mightr be possible to argue that it was the provider who cancelled, then you should not be responsible for their actions - but they could offer a rebuttal to this is the cxontract was entered into AFTER the DRM was created. Too close to call.

 

It will show on your credit file - and this is probably why the network cancelled it.

[The wife]

the problem is that the 2nd contract was taken out over the phone, days before they cut me off, they had cut off my husband already but left my original contract running until they did cut me off, so obviously no contract to read through the T & C and this was not explained on the phone. They were obviously aware of the DMP prior to me taking out the 2nd contract as they did a credit check on me to get that phone and I had to pay a deposit, and they never asked about a DMP..

 

I had held the first contract for 18 months prior to going on the DMP and they allowed me an upgrade on it too...

 

but yes the 2nd contract was entered after the DMP was created and they obviously knew about it as was shown by them disconnecting my husband and then me a few days later.

[buzby]

How this will play out is anyone's guess - certainly, if you claim you acted innocently and haver not been seriously disadvntaged through no negligence on your part might lead to a slightly better resolution.

[The wife]

how exactly do I do that? and surely as they cancelled less than 14 days after I took out this new contract they have not allowed for the cooling of period and thus negate the 18 months worth of contract fees they seem to be claiming?

[buzby]

The cooling off period is for YOU, not for them. They still have rights to terminate adversely if they suspect the customer is breaking their terms - no need to wait Day 15 to dawn.

[The wife]

thanks Buzby

 

ok but as I didn't get to day 15 before they cut me off the agreement has not been validated fully by them surely, and had I received a copy of my contract then stating a DMP was not acceptable for the continuation of the contract I would have cancelled it.

 

Even so I got disconnected as did my husband with no notice in advance. when I spoke to trading standards just after the event they told me the DMP was not a good reason for 3 to cancel the contract with or without notice and that 3 have breached their contract not me.... (the reason Trading standards were involved was because they kept disputing my deposit, saying they couldn't find it, even though it was paid on the card over the phone when i took out the second contract, then they conveniently never received emails with a copy of the bank statement either). so if trading standards say 3 breached the contract. and I did not hold the contract for more than 10 days at their discretion where do I go from here and how?

[buzby]

Sorry no - there is no 'validation' period. This is a simple service contract, not a credit agreement that requires a number of additional safeguards.

 

Afraid TS is talking absolute nonsense - which is about right for them. Why not ask TS to tell you how the contract could be in breach by the network if they haven't read it? TS may be well meaning, but often misguided. I've already outlined how a service contract can be ended by indirect action (bankrupcy/DMR) and I know from memory your network does have this clause.

 

Your contract was rock solid from Day 1, but providing it was new and not an upgrade, YOU could have terminated and enforced a relaease to Day 14 - but as they did, that becomes academic. Sorry.

[The wife]

But surely as they had already done the credit check prior to sending the phone and giving me the contract they are at fault as they were obviously aware of the DMP when I applied for the new contract?

[buzby]

It's really their ball - you'd get nowhere trying to assert that it was all their fault because they didn;t refuse you a contract earlier! The way the system works isa there is a pre-check, that confirms the customer is who they say they are - this can be undertaken pretty quickly, either on-the-spot or within 48 hours. There is a further check, actually interrogating the credit file, which may be flagged with a marker that requires them to review it manually - perhaps due to a consumer-entered 'notice of correction' or similar. This requires manual intervention, so could take as long as it takes to complete - trying to shift this blame onto a company because they didn't do this in a timely manner wouldn;t hold water.

 

As I said - I cannot see any hope of you finding the company erred in offering the contract then withdrawing it - that remains their right under the T&C's. Your best tack is the unfairness, and it is to THIS you need to complain to them in writing about in the hope someone sees your PoV.