Long running Three complaint

[The Omen]

OK, now this has been going on for well over 2 years now so I doubt I can remember everything that has happened but I'm basically looking if I have anywhere left to go.

 

I had an account with 3 in which I never once used over my monthly allowance - after 18 month (into a 24 month contract) I contact 3 and asked if I could reduce my contact and pay less as I was never anywhere near my monthly allowance.

 

3 agreeded to lower my bill by £10 a month if I paid a £5 admin charge - which I agreed to.

 

That month my bill was correctly charged the new balance plus the £5 admin fee (which came to £25). The next month however I was also charged £25 which I could not understand and presumed that they had accidentally charged me twice for the downgrade. I contacted 3 but the man was very rude and insisted that there was no mistake. I was left with no choice but to make a complaint to 3.

 

I tried to follow 3's complaint procedure - however 40 days after complaining I had heard nothing - I hadn't even been given a complaint number. As a method of last resort I contacted the CEO direct. 20 days went by and I was finally sent a letter from the CEO that simply said the complaints team were looking into it. After waiting a further 20 days from that letter and still having no reply I went to the ombudsman.

 

My complaint to the Ombudsman was that 3 had charged me twice for a service and that they had failed to acknowledge my complaint after 80 days. The Ombudsman - presumably being swamped with complaints about mobile companies has taken nearly 18 months to fully review the situation.

 

The first reply I had from the Ombudsman was that 3 claimed that they had replied to my complaint and they the charge was for calls made outside my normal allowance. My reply was that I had had no reply to my complaint from 3, and that I could provide myemail chain where every 3 days I contacted them to see if they had done anything yet. I also pointed out that I never made any calls outside my allowance and I only had the phone for incoming calls and the internet (I had an all you can eat internet package). I asked for proof of any contact 3 had had with me so I could dispute it and a record of calls I was supposed to have made.

 

The second reply I had from the Ombudsman was that they believed that 3 had replied (still I was given no proof dispite my proof that I was constantly asking for a reply) and a bill that showed a call to an 0845 number that turned out to be my local bank branch telephone number ( I presume 3 used this as they know the bank I banked with and my local address)

 

I replied to the Ombudsman asking how they can know that 3 had replied when they were unable to send proof yet I was able to provide proof that I was constanly asking for a reply - something I obviously wouldn't do if I had had a reply. I also pointed out that I would never call my local bank branch as it would be cheaper to call the 0800 freephone head office number, and even if I had had need to call my branch direct I would not call the local branch as my account is actually held in a city at the other end of the county (as the account is still from when I was a student) - I also pointed out the unlikely fact that - for the very first time in 18 month of having a contact - I would make exactlly £5 worth of calls the month after I reduced my bill.

 

the final responce from the Ombudsman is that they still believe that Three did respond to my complaint (despite the fact that they are unable to provide any proof) and that 3 have provided a bill showing the charge of the phone call (because as we all know it's impossible to fake a bill) and they they will not look at the matter further and their view is I should pay the full cancellation fee - I should have pointed out that after they failed to reply to my complaint I cancelled my contract.

 

So now I am wondeing what more I can do - the ombudsman has ruled against me but doesn't actually appear to have listend to any of the points I have made and their investigation seems to have boiled down to nothing more than asking 3 if they did something and then taking their word for it. Can I take the matter any further - is there such a thing as an Ombudsman Ombudsman? Am I intitled to copies of the Ombudsmans contact with 3 as I do not feel this was investigated properly.

 

Any help people can give will be much appreciated - I'm now going to pay the fee, as I can't claim it is disputed any more (having had a 3rd party say it was valid) but I'd like to claim it back or get it refunded and continue the fight if possible.

[leonmassey]

Ask ur bank if they have a record of your call at the tome and date Three claim it happened.

[The Omen]

Thats a good idea - I wish I had thought of it, I'll ask anyway but it is over 2 years ago now. If the don't can I get the Ombudsman to reopen the investigation - they have said they they refuse to look into it further

[2Grumpy]

A subject access request asking for a copy of everything held about you would reveal the missing letters etc. Not sure whether they would have to include all of the communication with the ombudsman but it should include the missing letter, maybe call data ...

 

It's unlikely that they would have gone to the trouble of falsifying the raw call data that would be used for a SAR

[The Omen]

Thanks Grumpy – I’ll give that a try, but if they are prepared to lie to the Ombudsman then I see no reason why they wouldn’t send me false details too – particularly as they now have nothing to lose from it as the Ombudsman has refused to look at the matter further.

 

I spoke to the bank this morning but they don’t hold call records this long. They were able to confirm that there is no record of a call on my accounts – but even if I was able to get the Ombudsman to reopen the case (which they say they will not do) I doubt they would accept that as proof that I did not call them (I could after all have been making a non account specific call).

 

I appreciate the feedback that has been given, maybe I should have come here earlier, but these are all based on gathering information then (presumably) taking the proof to the complaints team or Ombudsman, both of which have refused to look at the matter further – really what I was looking for was if there is an authority over the Ombudsman I can go to, as I really don’t feel the Ombudsman investigated this matter at all?

[2Grumpy]

Forget the ombudsman. They sound like a brick wall or 3. Do the SAR. If it shows that you are right, contact 3 then try the courts