Three T&C

[Silver]

I upgrade last year but was not given T&C all I got was 2 pieces of paper. [/img]

 

[/img]

 

Is the contract is still valid if I was NOT given the terms & condition.

 

I am having long running long dispute with Three

[locutus]

An "upgrade" is not a new contract. You are extending your contract with a new minimum term and the handset is an inducement for you to do this, so your original T&C are what count.

 

What is the nature of your dispute?

[Silver]

Mis sold contract, I was told that I could downgrade my contract after 12months to any price plan as long I paid the admin fee, which was fine with me. Well come 12 months they said no.

 

Now I could only downgrade to certain price plan, it now with the telephone ombudsman which must agreeing what 3 says even though I present them the evidence and 3 admit that I was told that, and that they took the offer away on Dec11.

 

I also spoke to a friend who a solicitor he told me what you is not true. As I complete my previous contract. I have signed up to another 2 years on a new contract, that I should of been given the T&C on the day. To read and to highlight the unreasonable causes.

 

Anyways I was told the contract is unfair & mis sold due to fact

 

1. I entered into the Contract with the Company based on the verbal representations made by their Staff who sold me the Contract at the time

2. The very simple Contract I had read did not refer to any terms and conditions and at no point was I informed that there would be additional clauses which would significantly alter the contract.

3. The fact that the Company have said they wished to change this old policy due to financial budgeting of the Company is painly unfair to the consumer – I should have been notified of any changes and any additional terms and conditions they wished to add. Also from the start

4. Under Common Case Law they should have informed me and drawn to my attention such unreasonable clauses which obviously take advantage of my position as a Consumer which they Three hasn't

[2Grumpy]

I seem to remember another thread like this a few months ago. Maybe 3 have a habit of doing this ...

[locutus]

Mis sold contract, I was told that I could downgrade my contract after 12months to any price plan as long I paid the admin fee, which was fine with me. Well come 12 months they said no.

 

Now I could only downgrade to certain price plan, it now with the telephone ombudsman which must agreeing what 3 says even though I present them the evidence and 3 admit that I was told that, and that they took the offer away on Dec11.

 

I also spoke to a friend who a solicitor he told me what you is not true. As I complete my previous contract. I have signed up to another 2 years on a new contract, that I should of been given the T&C on the day. To read and to highlight the unreasonable causes.

 

Anyways I was told the contract is unfair & mis sold due to fact

 

1. I entered into the Contract with the Company based on the verbal representations made by their Staff who sold me the Contract at the time

2. The very simple Contract I had read did not refer to any terms and conditions and at no point was I informed that there would be additional clauses which would significantly alter the contract.

3. The fact that the Company have said they wished to change this old policy due to financial budgeting of the Company is painly unfair to the consumer – I should have been notified of any changes and any additional terms and conditions they wished to add. Also from the start

4. Under Common Case Law they should have informed me and drawn to my attention such unreasonable clauses which obviously take advantage of my position as a Consumer which they Three hasn't

 

I don't think your friend specialises with this type of contract then, maybe you should talk with someone who does deal with these issues? A phone contract does not "come to an end" until you leave them. You get a 12/18/24 month minimum term, after this the contract continues on a month to month rolling contract basis. You can extend the minimum term and they will give you a shiny new handset as a reward. Your phone number and account number are linked to your contract, not the handset or price plan that you have with them.

 

If they said something when you signed that turns out to be a lie, you can complain, however without proof, it will be a tough battle. I would personally follow their complaints procedure here and tell them what was promissed.

[Silver]

Thanks but he me told regardless if it a new contract or upgrade I must be shown the T&C if there are unreasonable causes for the consumer, it under common law. Plus my 1st contract with three didn't have T&C it was just a receipt and the phone.

 

Since it simple contract that did not refer any T&C and did not highlight the unreasonable causes. Since it wasn't highlight there must be cause to balance out it in layman terms. (which section10.1d)

 

Since I was told I could change my contract after 12 months and Three admit to it that I was told 'I could downgrade to any contract, and took the offer away on Dec 11 (I have it in an email when I 1st complain to them)

 

Since they never told me I can cancel I my contract under section 10.1d which they turn round and said no, because their argument was we can varied the T&C.

 

The resolution was I can downgrade my contract of my choosing or cancel my contract without any ETF charges under 10.1d

 

Right now it with ombudsman the 1st person I dealt with just agreed what three said and said I did not produce the evidence about the downgrade which I did, She phone me and I told her which page and date to look for it.

 

So right now it with the 2nd reviewer but right now I not having high hopes with ombudsman.

 

So I might have to take it further

[Silver]

Update took them to small claims and won

 

They cancel my contract and given my PAC code and waiting a 1 year worth of monthly charges coming back to me.

[tifo]

i may be in the same situation ...

 

can you let me have your particulars of claim, minus personal info?

[Silver]

I was told it I could downgrade my contract after 12 months if I paid the admin fee. But couldn't after they took the offer off on Dec 11 , and failed to inform me. Under their T&C.

 

I should of been inform a month before the offer was taken off, under the clause 4.1, should of been notify a month before

 

So I argue if they informed me on NOV 2011 I should able to cancel the contract under clause 10.1 D on Dec 2011.

 

and claim back the charges for Jan 2012 to Jan 2013.

[IdaInFife]

yes but on what basis did you make a claim?

 

can you tell us the particulars of claim you used on the claim form ?