Three Itemised Billing Charges (merged threads)

bengee1977

Does anyone know if the contracts we sign with 3 are proper credit agreements? i.e. if we default on payments, they can register a default on our credit files?

jasonwatkins

bengee1977 wrote: »

Does anyone know if the contracts we sign with 3 are proper credit agreements? i.e. if we default on payments, they can register a default on our credit files?

Yeah, they will be. That's why they do a credit check on you when you sign it. When I stopped working 10 years ago, I had an O2 contract and couldn't afford to keep it going and ultimately defaulted on it. The entry was in my credit file when I did a search about a year later.

mishkanorman

morfeus717 wrote: »

Sorry for the long post in advance:




In one of my (many) calls to '333', one of the agents did indeed try this, but I cut him short and told not to insult my intelligence by suggesting the government were telling them to charge First Minute Billing!

Its good that you have/ will have it in writing because if/ when you need to contact Otelo, it'll be amunition for your case against them.

The other times, they mostly used the fact that their 'price guide' had these changes on their website since 2007 (oct?); my original contract start before oct 07 but I extended my contract in may 08 - and was advsd that everything would be the same (VT500). They insist that since I upgraded, I accepted the new conditions (T&Cs + price guide).

Now my point to them is (unfortunately they would not have it; the 'managers' were particularly obtuse) that at no time did the agent who upgraded me mention a) change of terms, or b) refer me to the terms online/ or elsewhere and c) I DID NOT receive any terms with the new phone (only SE literature and a packing slip/ pick list). One of the CS 'managers' even suggested that it was upto me to ask for the terms if I had not received them with the phone - even though I was not aware that I should expect to receive them!

This begs the question; what proof do three have that I was aware of their new T&Cs+price guide? My original contract (which I signed instore CPW) took place BEFORE oct 07. My upgrade/ extension was done over the phone (nothing signed). If they produce a recording/ transcript, this will prove that the agent gave incorrect information which means the contract could be null & void; if they fail to produce said recording/ transcript, they have no proof I ever upgraded/ extended contract with any new terms (ok so they have a signature on the delivery note accepting the new handset, but is this enough? The signature is only to say that I am accepting goods - I don't know what they are until I have accepted them! [in fact, I don't think it was even me who accepted the package!])

looks like me, you and davieg11 are all in the same boat, my original contract was from march 07, i upgraded in june 08 (only because my phone broke :rolleyes: )

im going to otelo with this now i feel as they wont budge, my main complaint will be that they failed to inform me in October of the change, breaking their own T&Cs. Its quite unreasonable to expect people to randomly check the 3 website several times a year just in case they have changed their price guide again :mad:

mishka

jasonwatkins

mishkanorman wrote: »

looks like me, you and davieg11 are all in the same boat

And none of you are on M&M ?

Sorry for the repeated questions like this but i'm just looking for even the tiniest glint that I can take back to Otelo.

bengee1977

jasonwatkins wrote: »

Yeah, they will be. That's why they do a credit check on you when you sign it. When I stopped working 10 years ago, I had an O2 contract and couldn't afford to keep it going and ultimately defaulted on it. The entry was in my credit file when I did a search about a year later.

My contract ends in December 2008 (just over 3 months time!) and am going down the route of cancelling my contract because of these changes, so i can move to O2 or Vodafone for £20/mth, instead of £28/mth which is what i'm currently paying.

If they refused to cancel my contract for whatever reason, i was going to just cancel my direct debit and let them pursue me for their money, but not sure it's worth the effort now!! I've got a couple of defaults from past credit cards that are about to expire soon, and they've been hell, and i don't want to go through it all again :eek: If they refuse, i think i'll just wait the 3 months.

mishkanorman

jasonwatkins,

im now on vtt500 and was on 15 pm 600 mins 75 texts (whatever that was !)

mishka

kelltic

mishkanorman wrote: »

looks like me, you and davieg11 are all in the same boat, my original contract was from march 07, i upgraded in june 08 (only because my phone broke :rolleyes: )

im going to otelo with this now i feel as they wont budge, my main complaint will be that they failed to inform me in October of the change, breaking their own T&Cs. Its quite unreasonable to expect people to randomly check the 3 website several times a year just in case they have changed their price guide again :mad:

mishka

any room in that boat for 1 more?

They really are sneaky b******s, I agree with you about how unreasonable it is to expect customers to constantly monitor their website, but I did find this in their T&Cs sadly-

Changes to terms and records of agreements
We may change these terms and conditions at any time by posting changes on the website. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of the website after any such change you agree to the changed terms and conditions.

Its so flamin annoying. I am still going to lodge a complaint with Otelo, even though I may have to wait 12weeks to do it :mad:

loup67

I have just received a letter from 3 confirming I cannot cancel,along with the letter they sent a "photocopy"of their real deal,the top page says Nov 07 but none of the other pages say a date.
My priceplan(t&t600)is not listed,I'm hoping that helps my case and also in the final page the footnotes state that 01,02 and 03 prefixes are included.
Does anyone know when it was published that 03 would be a new London prefix?I'm pretty sure it wasn't back pre Nov07.
Ultimately,there is no proof I have a copy of Nov's t&c's,only the front page?!
Maybe this will be of use to otelo,if my priceplan isn't listed can't I argue that those T&C's were not relevant to me?

CJE

diamonds wrote: »

3 the small print, November 07


DEC 2007 PRICE GUIDE http://www.sendspace.com/file/w9xnx8 footnote 15

The December 07 price guide has been posted earlier in this thread and this also refers to the 03 prefix.

soul619

davieg11 wrote: »

I have e-mailed and sent 2 letters to 3. I have also contacted otelo and still no cancellation yet. This is my latest reply from 3.

Thank you for your further email, regarding the information provided in the April 2008 3 Price Guide, which I have issued to you.

The “per second” billing promotional period had been extended and therefore you have received the benefit of not being charged for First Minute billing for several months now.

This does not alter the fact that this charge is now being implemented. Nor does it alter the fact that the Price Guide at the time of your upgrade informed you of the changes to Billing charges and as this forms part of your Terms for 3 Services, you will be billed as such.

Whilst I understand your frustration with the First Minute billing charges now coming into effect, you agreed a contract with us in April 2008 and by doing so you agreed to the Terms for 3 Services at that time.

As previously stated, the Price Guide forms part of your contractual agreement and therefore your 3 contract will not be cancelled at this time, without the applicable Early Termination Fee.

Any correspondence received from Trading Standards will be responded to accordingly, upon receipt.

Thank you once again for your enquiry and I trust I have reaffirmed 3’s final position.

sorry if this sounds harsh i dont mean it to but this states you not bein charged per minute was a promotion, therefore if you new you had a promotion about it you new it was gona happen so i dont think you gota leg to stand on mate with otelo or anyone else sorry to be so blunt

if any is has had a phone with this as a promotion to start you wont be able to cancel as legaly you now its gona happen as they are 'as a promotion' not doin straight away with you