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Three Itemised Billing Charges (merged threads)

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  • i have spoken to Trading Standards and they have advised me that any new contracts or upgrades after 25/10/2007 are not eligible for cacellation,

    We all agreed to the new terms when we upgraded or connected.
    For any new connections the new terms are the only terms applicable and for upgrades we got terms in the box

    I contacted Ofcom also and they advised I have no leg to stand on, so we all just have to accept it I think
  • bindiboo
    bindiboo Posts: 1,539 Forumite
    ok, this is the letter i've written to james harkin. I totally accept it is a complete punt and will probably be tossed straight in the bin but i really have nothing to lose and potentially £120 to save :)

    i'd appreciate opinions .. cheers ..


    great letter, keep us posted
  • Cristal wrote: »
    i have spoken to Trading Standards and they have advised me that any new contracts or upgrades after 25/10/2007 are not eligible for cacellation,

    We all agreed to the new terms when we upgraded or connected.
    For any new connections the new terms are the only terms applicable and for upgrades we got terms in the box

    I contacted Ofcom also and they advised I have no leg to stand on, so we all just have to accept it I think


    Are you sure it was Trading Standards that you spoke to and not 07782333333 ? ;-) It sounds similar to the stuff coming out of '3' agents' mouths, too similar methinks! :angry:

    If this is indeed the case then why have they allowed some people to cancel and not others (even some that took/ upgraded the contract AFTER the Oct 07 change in T&Cs+price guide)? Perhaps some of the agents just aren't 'tough' enough to argue?

    In any case - I must confess that I have settled with 3 on a compromise :o more minutes, texts (M&M) and a reduction on the line rental :o I know I know, where is the solidarity?! I'm sorry but I couldn't keep with this sh*t and risk getting nothing :-(
  • jennimoo wrote: »
    I recieved the following after stating that as I stayed on the same price plan when I upgraded it didn't apply, and asking why I hadn't been informed:

    "Thank you for your latest email, in which you queried why you were not informed of the change Terms for 3 Services, prior to receiving the letter in August 2008.
    I can confirm that when an upgrade takes place, you agree to the current Terms for 3 Services and we also send a copy of the Terms for 3 Services booklet in every handset box. This booklet advises that we also publish the latest Terms for 3 Services, including an up to date Price Guide, on our website at www.three.co.uk.
    In addition, when you upgrade by telephone, you are transferred to an Automated Disclaimer, which advises that you are bound by all relevant Terms for 3 Services, referring you to the booklet in your handset box and the website.
    Should you require further clarification, please contact me at the Executive Office on 08707 330295. Our business hours are Monday to Friday, 9am until 6.30pm.

    Thank you once again for highlighting your concerns and I trust that my explanations have clarified 3’s final position in this matter."

    Any ideas what I should do next?


    There is probably not anything you an do, it's all probably went through their legal people so it's above board
  • jasonwatkins
    jasonwatkins Posts: 2,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    morfeus717 wrote: »
    It sounds similar to the stuff coming out of '3' agents' mouths, too similar methinks!

    Could be because the poster might work for three :)
  • loup67
    loup67 Posts: 189 Forumite
    Cristal wrote: »
    i have spoken to Trading Standards and they have advised me that any new contracts or upgrades after 25/10/2007 are not eligible for cacellation,

    We all agreed to the new terms when we upgraded or connected.
    For any new connections the new terms are the only terms applicable and for upgrades we got terms in the box

    I contacted Ofcom also and they advised I have no leg to stand on, so we all just have to accept it I think


    Thats not what they told me!!!!!!!
    Don't be put off guys,I formally put in a complaint today with otelo and it is now in their hands,fingers crossed it will work out ok,if not am still happy will cost them time,effort and lots of money!LOL
  • jasonwatkins
    jasonwatkins Posts: 2,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    think about it - two seperate people join this thread, make their first and only posts and both follow the party line that 3 have been pushing since this all kicked off ..

    3 employees ?
  • First post on MSE!!! I've just clocked this because my brother got a letter from 3 the other week. I was actually on to complain about Virgin :mad:, but thats another story...........

    I was helping my bro out and went through the terms and 3 basically have him by the nuts. Big businesses do not effect these changes without thorough legal checks, so they know what they are doing :mad:

    I have told him to try anyway but I don't hold out hope.

    The thing is, if I use a website like we all frequently do, I click to accept T&C's without reading them all coz thats what normal people do. :o

    He upgraded last November and the upgrade kicked off in January but they have sent him the Price Guide showing anything after 25th (or something) of October 07 means that you agree.

    From people that I know (who like to complain A LOT! lol) OTELO and TS can't really do much to help :embarasse The best bet is just to chance your arm and hope that somebody will sympathise...

    Anyway I am out. Where the *&%$ is the Virgin thread I want?!!!
  • jennimoo wrote: »
    I recieved the following after stating that as I stayed on the same price plan when I upgraded it didn't apply, and asking why I hadn't been informed:

    "... I can confirm that when an upgrade takes place, you agree to the current Terms for 3 Servicesand we also send a copy of the Terms for 3 Services booklet in every handset box. This booklet advises that we also publish the latest Terms for 3 Services, including an up to date Price Guide, on our website at www.three.co.uk.
    In addition, when you upgrade by telephone, you are transferred to an Automated Disclaimer, which advises that you are bound by all relevant Terms for 3 Services, referring you to the booklet in your handset box and the website.
    ...

    Any ideas what I should do next?

    The red highlights is pure cr*p - I upgraded and can confirm neither was I transferred to an automated disclaimer [whats more important, an agent confirming something or an automated disclaimer, err... disclaiming something in general - provided you have a recording/ transcipt of the call?] nor was a copy of the Terms for 3 Services booklet included with my new phone.

    Where is their proof that you have agreed to the [new/ amended] Terms for 3 Services unless they produce the recording or transcript of the conversation you had when you upgraded - in which the agent would have to advise you to refer to the current/ amended terms for 3 Services and/ or mention any parts in particular.

    Can anybody say (for certain) if the burden of proof rests with 3 to produce evidence that they have taken reasonable steps to advise customers of the changes in their Terms for 3 Services or on the customer to prove that 3 didn't do this?

    From reading most of this thread, I understand the following:
    a) if you took out a contract BEFORE xx Oct 07, 3 are allowing you to cancel without much of a fight,
    b) if you took out a contract AFTER xx Oct 07 on a M&M plan that had 1st Minute Billing on your ORIGINAL contract that you signed, then you have the hardest battle, and
    c) if you took out a contract BEFORE xx Oct 07 BUT upgraded at some point AFTER this date (and provided you did not sign a new amended Terms for 3 Services (Ts&Cs)), say over the phone, then I think you have a good chance of either getting a cancellation or some sort of sweetener to stay (depending on WHEN you upgraded).

    1) One way to approach this is to look at it from a practical (rather than a principle and a point of law) angle:

    3 are suggesting (and so does the grapevine) that all the other networks are implementing or have already implemented, first minute billing [can someone confirm this?], so if you do leave 3, you'll still need to go to another n'wrk under similar Terms (but hopefully get a new phone in the process etc. :j

    2) if they won't budge (especially the '333' call centre :mad: !! and you don't fancy taking further action, eg Trade Stndrds, Otelo, CAB, Ofcom etc.) they MAY offer you a sweetener of sort, eg more minutes to compensate for the the change.

    3) worse case scenario, they won't budge and won't offer you anything, so by going as far as you can, you risk losing... nothing (apart from some of your time, perhaps)

    :mad: I would suggest you limit you exposure to the '333' call centre unless you just fancy losing you temper - because thats what happened virtually everytime I talked to them :mad: They just do not listen to one's logical argument :mad: :mad: :mad: :mad:

    My recommendation is to email/ send recorded delivery letter to the executive office in Glasgow and wait for someone to contact you from there and if you are not happy with the result, let them know you would like to make a formal complaint and get them to tell you the process (and very importantly the timescale(s) for each stage) that needs to be followed, eg. 7 days for 3 to resolve, then escalated to Otelo for x days etc.

    Hope this helps. I cannot stress enough: DON'T GIVE UP - apart from time, you have little to lose.
  • Kai
    Kai Posts: 87 Forumite
    It's strange that this thread is full of per minute charges complaints rather than the thread title (itemised billing charges)?

    I've actually already cancelled once when 3 did change the t&c's on the Mix and Match plans when it was launched. I actually got out of that with very little hassle.

    However, now I'm wanting out again due to the £1 charge for keeping the itemised billing. I sent off a letter a while ago, about 2 weeks via recorded delivery near enough straight after I got the letter - mine only mentioned changes by direct debit and the itemised billing thing.

    Anyway, my letter concerned solely about the itemised billing charge and how it was of detrimental value to me and I should be able to cancel, pointing out their t&c's.

    I got a phone call today and without hardly saying a thing the lady rattled off about the per minute charges and how I couldn't cancel on those terms. None of which was mentioned in my letter! It was like a standard response to any letter they were getting.

    So I let her finish her prearranged speech and ask her if she has read my letter - she had the cheek to say that she had! So I told her to read the first 3 lines of my letter out over the phone. She actually went silent for a bit which was pretty funny. Anyway she was still adamant that I wasn't able to cancel - but for no specific reason. It ended with me saying that I had to dig out my t&c's because she insisted that the increase in billing charges was mentioned when I took out my contract - which I'm pretty sure it wasn't.

    I finally found a copy of the t&c's that I got with my phone and I've pored through it and i just can't see it anywhere.. I also downloaded the latest t&c's from 3's website, but I still can't find any mention of it. Maybe I've missed it.. but can someone help me try find it if they are having the same issue as me?

    They were supposed to call me back earlier this evening, but they never did, but I'd like to get more clued up for round 2. :p

    Any help appreciated, thanks.
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