Three refusing to unlock my phone because i didn't buy direct

[mark306]

Hi I wonder if anyone can help.

I bought a mobile phone on a Three tariff from simply3g.com.

This contract has now expired. I would like the phone to be unlocked from the Three network so I can use it on vodafone.

On contracting Three they are refusing to unlock my phone because I didn't buy the phone direct with them and say I should contact me reseller (simmply3g.com).

On contracting simply3g.com they cannot help.

One of Three's statements in it's T&Cs says they can unlock phones it doesn't mention anything about using resellers.

Statement below:

“Handsets which can be used to access 3 Services are locked to our network. The software in the Handset and all intellectual property rights in that software is owned by the Handset manufacturer and you are being allowed to use the software on a limited license from the Handset manufacturer. During the term of your agreement for the supply of 3 Services, you must not permit your Handset to be unlocked via any unauthorized manner (i.e. by anyone other than us or the Handset manufacturer). You must contact us if you want your Handset to be unlocked from our network. If you contact us to request that your Handset be unlocked from our network, we will arrange for your Handset to be unlocked in an authorized manner (which may include replacing your Handset with an unlocked Handset which is the same or similar specification to your Handset) and you must pay an unlocking administration charge (which will be shown in the Price Guide for 3 Services). In addition, if you have had your Handset for less than 12 months, you will also have to pay the Handset Unlock Fee (this is also shown in the Price Guide for 3 Services). In addition, you must ensure that there are no outstanding amounts owing on your 3 account. Prior to us arranging for your Handset to be unlocked, you must ensure that you back-up or otherwise store separately any of your information or other data on the Handset which you may require, as this may be lost during the Handset unlocking process. We are not responsible for any information or other data which may be lost during the Handset unlocking process.”

 

Am I correct in thinking simply3g.com are just an agent working for Three therefore my contract is still with Three.

If this is the case do you think I could take them to a small claims court?

Any thoughts appreciated.

Regards

Mark

[alanfromderby]

Sounds like a phonecall to Trading Standards would be in order.

[mark306]

Good idea, I'll give the consumer direct number a buzz tomorrow...

[JonCris]

Hi I wonder if anyone can help.

I bought a mobile phone on a Three tariff from simply3g.com.

This contract has now expired. I would like the phone to be unlocked from the Three network so I can use it on vodafone.

On contracting Three they are refusing to unlock my phone because I didn't buy the phone direct with them and say I should contact me reseller (simmply3g.com).

On contracting simply3g.com they cannot help.

One of Three's statements in it's T&Cs says they can unlock phones it doesn't mention anything about using resellers.

Statement below:

“Handsets which can be used to access 3 Services are locked to our network. The software in the Handset and all intellectual property rights in that software is owned by the Handset manufacturer and you are being allowed to use the software on a limited license from the Handset manufacturer. During the term of your agreement for the supply of 3 Services, you must not permit your Handset to be unlocked via any unauthorized manner (i.e. by anyone other than us or the Handset manufacturer). You must contact us if you want your Handset to be unlocked from our network. If you contact us to request that your Handset be unlocked from our network, we will arrange for your Handset to be unlocked in an authorized manner (which may include replacing your Handset with an unlocked Handset which is the same or similar specification to your Handset) and you must pay an unlocking administration charge (which will be shown in the Price Guide for 3 Services). In addition, if you have had your Handset for less than 12 months, you will also have to pay the Handset Unlock Fee (this is also shown in the Price Guide for 3 Services). In addition, you must ensure that there are no outstanding amounts owing on your 3 account. Prior to us arranging for your Handset to be unlocked, you must ensure that you back-up or otherwise store separately any of your information or other data on the Handset which you may require, as this may be lost during the Handset unlocking process. We are not responsible for any information or other data which may be lost during the Handset unlocking process.”

 

Am I correct in thinking simply3g.com are just an agent working for Three therefore my contract is still with Three.

If this is the case do you think I could take them to a small claims court?

Any thoughts appreciated.

Regards

Mark

 

Their terms appear unambiguous. They will unlock for a fee & the fact that they supplied f.o.c with contract is irrelevant. They where not "free" believe me. You paid for it over the term of the contract. (probably many times) I have a number of phones at home & those I have not renewed on contract are all now "pay as you go"