Three Not Replacing Bad iPhone

[BankFodder]

That's why I suggested that it might not be worth taking any more serious action.

 

If you won - and I expect that you would - then you would get the claim fee back. In fact I expect that they would bottle it and pay you out.

 

It is up to you.

If it was me, I wouldn't stand for it and I would teach them a lesson. You will have to decide for yourself if you want to be bullied and be deprived of the money which you have worked for - or whether you want to stand up to them.

That's what the CAG is about.

[BankFodder]

I would also add a modest figure - say, £30 - for the inconvenience of having lost the service for the month.

 

When I won, I would make sure that everyone got to know about it. There are probably hundreds of other people in your position who take this kind of thing lying down.

[Nagasis]

I had this exact problem with virgin mobile.

I had made payments for upto 2 months in advance by card but because I would not give them bank details for payments beyond the 2 months they cut the service.

 

We came to a standpoint after the 2 months as I wouldnt pay until they restored service and refund me 2 months fees for non service I had paid for and not received. They defaulted the account.

 

When I get the time or inclination I will litigate for the amount of lost service for the remainder of the contract which is what they claim is owed to them and removal of the default.

[BankFodder]

I had this exact problem with virgin mobile.

I had made payments for upto 2 months in advance by card but because I would not give them bank details for payments beyond the 2 months they cut the service.

 

We came to a standpoint after the 2 months as I wouldnt pay until they restored service and refund me 2 months fees for non service I had paid for and not received. They defaulted the account.

 

When I get the time or inclination I will litigate for the amount of lost service for the remainder of the contract which is what they claim is owed to them and removal of the default.

Please start a separate thread on this issue. I had no idea that this was the practice with these companies. It is unfair treatment and is contrary to UTCCR. I think that you should take action and also have your credit file cleaned up at the same time.

[Surfer01]

This is a very interesting question.

 

You are in breach in that you are not following the agreed payment system.

On the other hand, your account is in credit and yet they are withholding service.

.

OP is in arrears and can't pay until end of November so not sure why you think the OP is in credit? If services are suspended due to non-payment, you are still liable for that period.

[IdaInFife]

Service suppliers do regularly charge in advance. Normally you are only liable for any advance charges placed on the account before restriction and no further charges are applied except for services use i.e calls and data.(which are always in arrears)

[BankFodder]

Service suppliers do regularly charge in advance. Normally you are only liable for any advance charges placed on the account before restriction and no further charges are applied except for services use i.e calls and data.(which are always in arrears)

That's not what I understand from the first post. - or form the post from Nagasis.

 

My understanding is that they make a regular payment in advance but in this case their accounts are in credit for November but because the credit payment for December has failed, their accounts have been blocked and they are not allowed to use their November credit.

 

Maybe someone can confirm. If I have read it incorrectly then I apologise - but if my reading is correct then it is unfair and unlawful.

[Surfer01]

That's not what I understand from the first post. - or form the post from Nagasis.

 

My understanding is that they make a regular payment in advance but in this case their accounts are in credit for November but because the credit payment for December has failed, their accounts have been blocked and they are not allowed to use their November credit.

 

Maybe someone can confirm. If I have read it incorrectly then I apologise - but if my reading is correct then it is unfair and unlawful.

If the person is able to use the handset as they "paid in advance" they could exceed the limitations of the contract in that month, i.e. allowance is 200 minutes but they use 300 minutes. I know it goes against the grain, but I can understand why they do it as they are a business. If you miss a payment, in essence you will not have paid in advance.

[BankFodder]

The phone company is perfectly able to block the phone when the available credit has been used.

Let's see what happens when/if the posters come back and confirm what the position is.

[Surfer01]

The phone company is perfectly able to block the phone when the available credit has been used.

Let's see what happens when/if the posters come back and confirm what the position is.

I would think that with a phone on a monthly contract, once the month ends, the credit has been used and there is none available until the next payment has been made.

[BankFodder]

You'd think so, wouldn't you

[IdaInFife]

Hi,

 

As I'm behind on a bill by £35odd, three have restricted my services until I pay this. I've explained to them that I'm NOT paid until the end of the month so I am unable to do so (which I can happily do) on 30th November.

 

Despite having already been charged for services between 08 Nob - 07 Dec, they are adamant that they can charge whilst barring my service. They said that it is a way to ensure that everybody pays their bills.

 

Can they charge me for the time that my services are restricted? Do I have any ground in stating that I'd like 3 weeks of this bill back due to the services being barred?

 

 

As i read it Marc - ops bil was due on 08th Nov and that has not been paid so the services were stopped

[BankFodder]

I understood that he had been charged for services between 8 Nov and 7 Dec so that he was in credit for that period but his service had been stopped because he hadn't put himself in credit for the Dec/Jan period.

 

It would be nice if adridude would engage with the thread and clear this, wouldn't it.

 

I have also understood that Nagasis has had broadly the same experience with Virgin

[adridude]

What happened is:

 

1) I was paid up to and including 07 November

2) 08 November a bill was issued, and 1 week thereafter I was barred

3) Contacted support and they said I had to pay my month in advance

4) Explained I couldnt until month end, so they said that ALL my services (inbound too) would be put on hold until payment made

5) In the end I borrowed some money from someone and paid it off

 

Point is, I was billed for 3 weeks service (on the 8/11) which I didnt receive between 13th (around there) until 23/11

 

Spoke to support, and all they had to say was: "It's in the contract, you don't pay you get no service".

 

I might have been a language barrier issue or something but they didnt understand the fact that despite having paid late, that I still paid for the services (which I didnt receive).

 

Hope that clears it up

 

*edit* Just to tack onto this, I've also started a formal complaints about this, as well as started ANOTHER about the £4.50 I get charged for non-dd payments (£121.50 in total now).

[BankFodder]

So at the time they cut you off, you had no credit. Is that right.

 

What date did you actually pay? I understand that you paid the arrears and some in advance?

 

I don't know why but I am having difficulty getting the picture here

[adridude]

There was some arrears due to an upgrade in phone (£30 odd) at the time (08 Nov).

 

I paid on Friday 23rd Nov up to date.

[BankFodder]

Well I don't think that they have any basis for not allowing you to use the service while you are in credit.

 

I don't think that anyone will listen to your complaint

[adridude]

Its been 3 years of this. I like to space payments out so I get less non-dd charges, but because of this they've cut me off alot. In total I've had about 2 months of total downtime of no service. Despite being paid up.

 

I'll see what the complaint response has to offer.

 

They were kind enough (sarcasm) to confirm that they received my complaint (by text) whilst my phone was barred.

[BankFodder]

However, you aren't making it easy. It is far more simple to make complaints and to make headway when you are squeaky clean. I think that you are contributing a lot to the problem.

[locutus]

What happened is:

 

1) I was paid up to and including 07 November

2) 08 November a bill was issued, and 1 week thereafter I was barred This is because line rental is payable in advance

3) Contacted support and they said I had to pay my month in advance All mobile contracts are line rental in advance, call charges in arears, and if you are splitting the bill as it arives, you are not paying in advance, you will get cut off.

4) Explained I couldnt until month end, so they said that ALL my services (inbound too) would be put on hold until payment made

5) In the end I borrowed some money from someone and paid it off

 

Point is, I was billed for 3 weeks service (on the 8/11) which I didnt receive between 13th (around there) until 23/11

 

Spoke to support, and all they had to say was: "It's in the contract, you don't pay you get no service".

 

I might have been a language barrier issue or something but they didnt understand the fact that despite having paid late, that I still paid for the services (which I didnt receive).

 

Hope that clears it up

 

*edit* Just to tack onto this, I've also started a formal complaints about this, as well as started ANOTHER about the £4.50 I get charged for non-dd payments (£121.50 in total now).

 

My advice would be to get yourself infront of your bills, but continue down the complaints procedure. £4.50 seems a bit high for a "non-dd" fee and although Ofcom have said they think it's fair, I would be asking the company to break down how they arrive at this cost.

[adridude]

I did, I found a template on here somewhere regarding the disbelief that the cost of administering such a payment (i.e. non-DD) cost so much.

 

Before now I've asked them to provide me with the details of the 'Payment Provider' which they use for card transactions, and they told me that they are not obliged to hand out such information.

 

I thought I was allowed to know who processed my cards :-/

[locutus]

Is that in writing?

 

I would send a Letter Before Action (good sample HERE) stating that you want the money for non-DD fees back, and they will have to provide the information as to how they feel justified to charge this to you at court as you will request the information via Part 18 of the Civil Procedure Rules, so they can either provide proof that it costs the £4.50 more than via DD to take payment or refund the £121.50

 

Don't threaten this unless you are prepared to take it to court tho! (you can imagine how many court threats they get, and how many DON'T follow through!)

[Surfer01]

As you are in contract, you are bound to pay them by the agreed date otherwise your services are suspended. When your service is suspended for non-payment, you are liable for the time that the service is suspended otherwise what is the point in suspending the service. Don't forget that the monthly payment also includes the cost of the phone.

IMHO Three are for once acting correctly and within the parameters of the T & Cs of the contract. As far as I am aware all mobile phone providers so similar. Same applies to BB.

[BankFodder]

I think that it is quite wrong to assume that T&Cs mean that service provide is lawful.

Any retailer or service provider's T&Cs must comply with the UTCCR and other regs such as SOGA, SOGSA etc etc.

 

If the monthly service is suspended then the monthly charge becomes a penalty. If that penalty exceeds administrative costs then it is unenforceable.

[adridude]

So an automated system barring my service? I guess there's no admin fee's involved in that?