Three Itemised Billing Charges (merged threads)

jamiesd

jasonwatkins wrote: »

jamie, they are trying this method on everyone. they are in the wrong and they know it, so they're trying to wriggle out of it.

What contract are you on and when was it taken out/upgraded?

and did you do it in the store on through the call centre?

i upgraded in March as my old offer had been pulled for over a year. i was on then put on the 15 quid texter, this was done instore. I then decided that was not enough so i phoned the call centre and changed to the 20 quid texter.
Both times i was not made aware that changes to terms were on the way.

Things really have taken a turn for the worse coverage wise and i seen this as a good chance to brake away from my contract

bindiboo

Just emailed exc this, with thanks to you guys on here with points to highlight.

Dear Sir/Madam

With regards to your telephone call of this morning.

You informed my in your telephone call that you will not be able to cancel my contract, due to 3 changing the terms and conditions of the contract, I had taken out. I have been an existing customer of 3 for several years now with an immaculate account and payments made by direct debit without delay or failure.

I was previously on a 12-month contract vvt700 with commenced on the 5th April 2007. I was billed per second on this contract. In Jan 2008, I was contacted by 3s upgrade dept offering me an upgrade. I was told that the tariff was exactly the same as what I was on except the voice mins would be 300 and 150 text. I was informed by the 3 operator that everything else would remain the same as the tariff I was already on. It was only due to these circumstances that I agreed to the upgrade.

I received a letter from 3, which although was dated the 5th August 2008 was received only on the 15th August 2008. In the letter I was inform of changes in the way 3 intended to charge. The changes meant that 3 would now round up any calls made up to 59 seconds to a minute and then charge by the second after the 1st minute.

This new charging would be very detrimental to me as I will now use up more minutes and be forced to go over my allocation as I make a lot of calls under 59 seconds.

Under Section 4.1(b)(ii) of your terms and conditions, I am eligible to end my contact early without penalty (Section 10.1(d)).

4. Variations to your agreement or prices Pay Monthly Customers
4.1 We may vary any of the terms of your agreement, including our Price Plans, on the following basis:

1. Any updated Price Plans and new terms will be available on our website and on request to 3 Customer Services;
2. If you are a Pay Monthly Customer, we will let you know at least one month in advance if we decide to:
   1. Discontinue your Price Plan; or
   2. Make any variations to your agreement which are likely to be of detriment to you; or
   3. Increase the fixed periodic charges for your Price Plan (if applicable) by an amount which is more than the percentage increase in the Retail Prices Index Figure (or any future equivalent) in any twelve month period.

You can end the agreement for such variations as explained in Section 10. Subject to the above, you will not be able to end the agreement if such variation or increase:

1. Is due to changes to the law, government regulation or licence which affect us; or
2. Relates solely to Additional Services; or
3. Relates solely to Add-on(s) (if applicable to you).

10. Ending this agreement and Disconnection of 3 Services
Pay Monthly Customers
10.1 you may end this agreement in the following ways:

1. In certain circumstances under our Returns Policy. You may need to get in touch with 3 Customer Services to arrange Disconnection.
2. You can end the agreement during your Minimum Term (if you have one – this will be stated in your Price Plan) by giving notice to 3 Customer Services at least 30 days before the date you want to end the agreement. However, you must pay us all the Charges you owe, plus any Cancellation Fee for your Price Plan (as set out in the Price Guide).
3. On 30 days' notice, outside the Minimum Term. You can end the agreement if your Price Plan does not contain a Minimum Term, or if you want to end the agreement at the end of your Minimum Term or any time after your Minimum Term has expired, provided you give notice to 3 Customer Services at least 30 days before the date you want to end the agreement. (A Cancellation Fee will not be charged.)
4. Within one month of a detrimental variation to your agreement. You can end the agreement within one month of us telling you about a variation to your agreement (which includes your Price Plan), which is likely to be of detriment to you. You must give written notice to 3 Customer Services within that month and your agreement will finish at the end of that month once we receive your notice. (A Cancellation Fee will not be charged.)

I wrote to recently and emailed to you, my request to cancel my contract, as your new charges were detrimental to me. I am exercising my rights under the clauses highlighted above. I also requested my Pac code.

Today you inform me that I am unable to cancel, as I was made aware of the new charges when I agreed to the upgrade as this new charging came in force in Oct 2007. I informed you at no time was I told about this change by the 3 sales person or by writing. You told me that I was informed in writing which was included in the box my new handset came in. I informed you that there was no such information included in the box. You then informed my that these terms are on your website and that it was my responsibility to check these.

I would like to argue a few points.

1. In your own terms and conditions, you have committed to telling your pay monthly customers one month in advance of any detrimental changes to the price plan.

2. You have, by your own admission, brought in these changes last year and have made NO effort to tell ANY customers about the per-minute billing because it does NOT exist anywhere in the terms and conditions - even on the website.

3. You are only NOW sending out the letters-notifying customers of the change, 10 months AFTER you have changed them.

4. The clause regarding per-minute billing for pay monthly customers does not appear anywhere on the terms and conditions, so even if a customer DID try and check, he or she would not have found them anyway.

5. No price plan was sent out to me with the new handset informing me of these changes and I was not told by the sales person that the price plan had changed when I agreed to the upgrade.

6. Section 10.1(d) of the T's & C's that gives me the right to cancel.

Had I known about the 1 minute billing under no circumstances would I have renewed my contract with 3. I feel that I have been seriously mislead into taking on this upgrade and now face a situation where I have been lied to or being accused of being a liar as according to 3 I was informed of these charges when I took out the upgrade.

You asked me this morning if I wanted confirmation of our conversation in writing. To re-confirm, yes I do want it in writing. I would also like a complaints deadlock reference number as I intend to escalate my complaint with Otelo. Please be aware that I also intend to contact BBC Watchdog about this matter as well as I believe this would be of media interest as I believe myself and possibly many other 3 customers have been mislead in this way.

Acknowledgement of my email and request would be appreciated ASAP.

Mrs xxxxxxx

jasonwatkins

well i've just had the call.

she told me that the change doesn't apply to me since the mix & match priceplan I agreed to in December was always per minute billing, so the change is not detrimental to me.

she said i would have been advised to look at the terms and conditions and that it's my duty as a customer to make a reasonable effort to read them before accepting the contract.

I told her I most certainly wasn't advised of the terms and conditions and that I had asked the salesman if there had been any changes and was told "no".

stupid thing is, even though i'd planned out in my head what i wanted to say, as soon as she said "it doesn't apply to you" it completely threw me ...

so has anyone actually cancelled on a mix & match taken after october 2007 ?

*EDIT

Just been on to OTELO and the woman said that on the whole, the change to the price plan would be a commercial decision and not something they'd get involved in but they could look at it as mis-information.

She's told me to write to James Harkin at Three's office in Glasgow with the letter I originally sent, along with a covering letter as well.

sadiedoll

I've now given 3 my OFCOM ref number and said if they cannot give me my cancellation date, then I need a deadlock letter. I'm not dealing with them over the phone at all - its all written/email - I want records in case I have to go to OTELO (learnt my lesson from this when I had a problem with Wanadoo Broadband tagging my BT line a couple of years ago!).

I'll post any progress, in case it helps anyone else in the same boat.

bindiboo

jasonwatkins wrote: »

Just been on to OTELO and the woman said that on the whole, the change to the price plan would be a commercial decision and not something they'd get involved in but they could look at it as mis-information.

She's told me to write to James Harkin at Three's office in Glasgow with the letter I originally sent, along with a covering letter as well.

I think I will be writing to James too!!

jasonwatkins

i'm honestly getting a bit concerned now to be honest - I agreed a contract with Orange on saturday because I believed 110% i was entitled to get out of my three deal.

I know it was probably a stupid move as I should have waited for confirmation I was getting my PAC code I guess.

I don't really want to be lumbered with £27 a month for the next year for nothing because I won't be using my 3 line again.

rev_henry

bindiboo wrote: »

I think I will be writing to James too!!

Does anyone know who this James Harkin person actually is? Presumably some kind of manager...

rev_henry

jasonwatkins wrote: »

i'm honestly getting a bit concerned now to be honest - I agreed a contract with Orange on saturday because I believed 110% i was entitled to get out of my three deal.

I know it was probably a stupid move as I should have waited for confirmation I was getting my PAC code I guess.

I don't really want to be lumbered with £27 a month for the next year for nothing because I won't be using my 3 line again.

I hate to say it but I'd have to agree with you there. I'm going to take out a new contract but not until this is cleared up and cancelled for definite.

jasonwatkins

rev_henry wrote: »

I hate to say it but I'd have to agree with you there. I'm going to take out a new contract but not until this is cleared up and cancelled for definite.

and what makes it worse is that this orange deal has no cooling off period ...

diamonds

OTELO charge near £500 for each case refered to them, YOU need a DEADLOCK - thats why networks dont willingly give DEADLOCK - £500, but they HAVE too, OTELO will take a dim view of any network refusing DEADLOCK so consumer can refer the matter to them....go to OTELO & tell them DEADLOCK is being refused, it will work as I had a telco's knuckles wrapped for such a practice & that alone got me out of contract - for not abiding by industry codes CLAIM is a breach of your T&C


3 will get charged £500, approx the amount of your outstanding contract, thus should you lose @ OTELO 3 wont make a profit out of you if you use all your plan allowance up ! they will be OOP* !! KARMA LOL

*Out Of Pocket