Three Itemised Billing Charges (merged threads)

soul619

loup67 wrote: »

Their arguement is that they informed us in the "price plan" on their website,not the t&c's.Unfortunately the price plan from Oct 07(kindly shared in an earlier post) does mention this change,but wasn't sent out or pointed out to existing customers at upgrade.
Question is;is their price plan a legal document for t&c's?especially as it wasn't mentioned at upgrade or forwarded with new phone.
Do they have a leg to stand on,who legally has to prove what?Us or them?

if your an online customer they dont have to legally tell you in a letter as its 'online' therefore online customers should in there eyes an legaly unfortunatly check online, i know its not fair but its true i work for an online bank an this is the same although we do have the courtesy to roll out letters. if your a shop customer they must inform you at the time of upgrade or in a letter, as its the job of the sales staff to do this an they are trained in this role of there job they are legaly covered as long as they can prove there staff are informed ie memo's - workshops, the sales staff however neglect to tell you many things in order to achieve more sales an gain more commistion! now proving this aint ever gona happen you may as well grow a tail an chase it

Anon

vwcampervan72 wrote: »

Phoned 3 today to cancel my contract, as i was DISGUSTED with the way they spoke to me before i went on holiday last week, told them when i come back within 1 week id no longer be a customer of 3

Joined orange today, phoned 3 for a cancellation/PAC code, was told origonally it will cost me just over £200.00 to get out of contract, my new deal had 200 cash back so jobs a good 'un

When i wanted to cancel, they asked why and i told them to listen to the recorded convo i had last time i spoke to them and told them to get their call centres sorted out and to treat their customers with respect, (ive been with them 4 years) then he had the cheek to wish me a happy birthday as its my birthday in September LOL

Damn cheek, good riddence 3

I read your post a few days ago and then it occured to me - why are you paying them the cancellation fee? The idea of this thread was to try and get out of the contract without penalty - if this could not be achieved, continue service as normal. Your options should have been cancel without penalty, or continue receiving and paying for the service until the end of your contract. Much as I appreciate that you have a cashback from Orange to join them, you see this as a winning deal that you are paying over £200 to Three for services that you will now not receive? The £200 from Orange (or similar deals) would probably be available at the end of your Three contract and you would then be £200 up, not effectively £400 down (£200 Three penalty and £200 lost Orange cashback). I obviously don't know the tone of the conversation with their call centre, but if it was that bad, it would have been worth a formal complaint to Exec office (beyond the current discussions about their changing T&Cs) and would probably have resulted in reduced price/end contract without penalty etc.

I am not being judgemental, but it surprises me how some people let large organisations get off with shoddy service and are willing to pay a premium to get out of a contract. It is an expensive stand you took here ...

Anon

shageexx

ok fair comment

but when i received the phone,there was no booklet to mention your terms & conditions,included with the phone

intelekt

Ok

just to clarify:rolleyes:

I am on the Talk & Text 600 price plan
My contract started in July 2007 and is due to end on January 1st 2009

I received a call from the Exec office today stating that i CAN cancel my contract (without an early termination fee) because of the change in their terms and conditions regarding the per minute billing change, but the itemised billing had reserved rights or something and i cant do squat about that...

The teams on the 333 number knew nothing of this and wantg to charge me a fee for ending early..........:mad:

:beer:

loup67

soul619 wrote: »

if your an online customer they dont have to legally tell you in a letter as its 'online' therefore online customers should in there eyes an legaly unfortunatly check online, i know its not fair but its true i work for an online bank an this is the same although we do have the courtesy to roll out letters. if your a shop customer they must inform you at the time of upgrade or in a letter, as its the job of the sales staff to do this an they are trained in this role of there job they are legaly covered as long as they can prove there staff are informed ie memo's - workshops, the sales staff however neglect to tell you many things in order to achieve more sales an gain more commistion! now proving this aint ever gona happen you may as well grow a tail an chase it

I upgraded over the phone after a call from them offering a new phone after 9 months into prevoious contract,not online or in a shop.So where does that leave me? In fact the contract I agreed to was considerably better than the one I was billed for the following month(another gripe entirely).
I certainly wasn't pointed towards any website for t&c's

jasonwatkins

shageexx wrote: »

so is this a breach or what?

You'll be lucky to cancel having been with them for less than a month - i think you'd have to come up with some kind of proof you weren't told of the per-minute billing.

soul619

loup67 wrote: »

I upgraded over the phone after a call from them offering a new phone after 9 months into prevoious contract,not online or in a shop.So where does that leave me? In fact the contract I agreed to was considerably better than the one I was billed for the following month(another gripe entirely).
I certainly wasn't pointed towards any website for t&c's

that leaves you in the same boat as most unfortunatly, salesman not doin his job an you not bein able to prove it unless the call was recorded an you goin down the path of a data subject information request under the data protection act to sum up in short -

The Data Protection Act creates rights for those who have their data stored, and responsibilities for those who store or collect personal data.
The person who has their data processed has the right to

• View the data an organisation holds on them, for a small fee, known as 'subject access the maximum beib £10
• Request that incorrect information be corrected. If the company ignores the request, a court can order the data to be corrected or destroyed, and in some cases compensation can be awarded
• Require that data is not used in a way which causes damage or distress.
• Require that their data is not used for direct marketing

although you dont always get all the data! even tho thats illegal

jamiesd

Just had a call from the executive office saying i cannot cancel my contract as i had commited to any price plan changes.
I nearly lost the head. What can i do now?

jamiesd

HWgirl

So . . . I sent of a recorded letter and emails to everyone I could think of yesterday after getting my 15th of Aug letter last week.

I took out a talk and text plan in September '07 so cancelling should have been easy but in November '07 I then upgraded that plan to a different Talk and Text one which makes me think that they're going to pull the October 25th rubbish on me (even though they didn't send me any new T&Cs or direct me to their website).

However, when the first bill for the new November plan came through I realised that I had lost my tax discount through upgrading (which they never told me I was going to) and was being charged more than £45 a month rather than the £30 I was told it was going to cost.

So I phoned up Customer Services and complained. They checked my account and said there was a note that said that I was informed of the tax thing. There then followed a lively debate (where the CS guy completely lost his head) but which eventually ended with the guy accepting that I hadn't been properly informed and putting me back onto the original price plan.

So! My question is, can I use this earlier balls up as some sort of proof to 3 that I really wasn't properly informed at upgrade? I could argue that by putting me back onto my original Price Plan they have already admitted that the guy didn't explain the implications of upgrading to me properly (or at all).

Sorry this post's so long but has anyone got any advice?

Mr_Zippy

I have now sent a recorded letter over the weekend, as after a week they have ignored my initial letter. If they still refuse I will ask for a deadlock letter so that I get get OTELO involved.

The question that we need a legal response to is:

* Can 3 expect customers to regularly visit their website and read the T&C and Price Plan document, checking for any changes?

There own T&C's say they should notify us one month in advance of any changes, which is what would appear they are doing now. Yet they are saying the changes to the contract were made via the Price Guide (part of contract) in October 2007.

Also no-one mentions the paper billing thing, this wasn't mentioned before and unless it's a change to the law, regulation or license they must notify us, as charging £1 extra a month for something that was free is a detrimental change too, a decent company would offer a £1 discount to stop paper bills.