Three Itemised Billing Charges (merged threads)

Mr_Zippy

Well I posted my letter to Kevin Russel yesterday, recorded delivery.

I await the response.

I still have had no comment to why I was not notified, as per my legally binding agreement, of the change to the Price Guide last October...

I really think this is what a cancellation hinges on, I was still under a legally binding contract last October, just not inside a minimum term, under that contract they state they will notify me at least one month in advance of any changes... They didn't do that until now, 10 months too late, I agreed to renew believing my agreement remained the same, because they didn't fulfil their legally binding agreement with me by notifying me of the October 2007 change.

I like the way they keep pointing out the agreement also includes the Price Guide (term 2.1), so therefore making a change to the Price Guide would then have to be notified to be as per 4.1 (b).

They did not do this

mishkanorman

thats exactly what my argument is as well, here's my latest reply from the exec office,

We updated our Price Guide, which forms part of our Terms for 3 Services, on 25th October 2007. As you initiated your current contract with 3 in June 2008, you would have been referred to our new Terms for 3 Services, which include the First Minute billing changes. It is your responsibility to check for any changes that might happen during your contract and we publish these constantly on our web site.



I am aware that our Terms for 3 Services advise that you have the right to cancel your contract, if we make a detrimental change to your agreement. However, as First Minute billing was included in our Price Guide when you upgraded, but had not yet been implemented, this does not represent a detrimental change to your agreement.


i feel they have used very under-hand tactics in introducing this change in the hope 9 out of 10 customers wouldnt notice,

Ive just emailed otelo even though the last sentence of the email states this,
#OFCOM who are the telecommunications regulators approved these changes in October 2007 and Otelo are aware of the changes so will not be taking these cases on.

Funny how they took the time to tell them but not us eh ??


mishka

Mr_Zippy

mishkanorman wrote: »

thats exactly what my argument is as well, here's my latest reply from the exec office,

We updated our Price Guide, which forms part of our Terms for 3 Services, on 25th October 2007. As you initiated your current contract with 3 in June 2008, you would have been referred to our new Terms for 3 Services, which include the First Minute billing changes. It is your responsibility to check for any changes that might happen during your contract and we publish these constantly on our web site.


I am aware that our Terms for 3 Services advise that you have the right to cancel your contract, if we make a detrimental change to your agreement. However, as First Minute billing was included in our Price Guide when you upgraded, but had not yet been implemented, this does not represent a detrimental change to your agreement.

mishka

First I assume you are an upgrade too, and the referral to the current terms was in the disclaimer phone message?

Issue here is if you were under contract last October you should have been notified of the per minute billing change, I note no-one has disputed this is not detrimental - just that you are too late to give notice.

Now if you are renewing a contract then the terms would be the same as the ones before, as you were under contract already, and said contract states you will be notified of any changes at least one month in advance. I assume the disclaimer message doesn't say to read the terms in full to check for any clauses they sneaked in without telling you.

It is your responsibility to check for any changes that might happen during your contract and we publish these constantly on our web site.

Where does it say this?
4.1 (b) clearly states they will notify you.

mishkanorman

yup im an upgrade, although i didnt get to hear the message as it cut me off just after it started, when i called back to confirm all was ok and explained it cut me off, they didnt replay it.

My contract started march 07, i upgraded june 08


mishka

connect2me

From the OTELO website :

http://oteloapp.otelo.org.uk/tkwebflow/Flow.aspx

Online Complaint Form
If you have received a deadlock letter we will need to see a copy of it before we can look at your complaint. If you are unsure if you have a deadlock letter please give us a call to check

Telephone: 0330 440 1614 or 01925 430049

Textphone: 18001 0330 440 1600 or 18001 01925 430886

We will not be able to help if you cannot provide a copy of this letter

What was the response you received from 3?

Deadlock, This is a letter from your Company stating that it is no longer willing to deal with your complaint. This letter will make it clear that the Company has reached its final position and will not enter into any further correspondence with you about the complaintAn offer of some kindA letter or call saying that your complaint has been received

Please do send your deadlock letter to OTELO. I have also requested for deadlock letter, and they have refused to give me a deadlock reference after talking to me for 3 hours.

I have send an email + letter requesting for deadlock letter. My argument is additional charge for itemised billing, which they are implementing, and I have the choice to opt out as I do not agree to the change as it is likely to be of detriment to me.

Pay Monthly Customers
10.1 You may end this agreement in the following ways:
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.)

jasonwatkins

Mr_Zippy wrote: »

Now if you are renewing a contract then the terms would be the same as the ones before

Unless the one you are on is discontinued and you have no choice but to take out a whole new one.

jamiesd

email from otelo

COMPLAINT ABOUT 3

Thank you for your E-Mail received on 28 August 2008.
What we can do, and can't do, is set out in our terms of reference (our responsibilities) which are
available on our website at https://www.otelo.org.uk, or by phoning 0330 440 1614 or 01925 430049. I
have read the information you have provided and unfortunately your complaint doesn't fit within
these terms. That means that we cannot deal with it.
Whether to provide a product or service, and on what terms, are 'commercial decisions'. Otelo is
unable to help you with this. If you would like further advice about a commercial decision that
your service provider has made you may want to visit Ofcom's website, https://www.ofcom.org.uk,
which contains useful advice on a range of different scenarios or write to them at:
Riverside House
2A Southwark Bridge Road
London
SE1 9HA
The attached booklet 'Two sides to every story' explains our role in more detail.
Please quote the reference at the top of this letter in any future correspondence.

i then phoned and they refered me to ofcom, i called ofcom and they referred me to Otelo.

A nightmare!

jasonwatkins

i think that email from OTELO shows that, in all honesty, for people who upgraded after october 2007 or took out a new deal, this matter is all but closed now.

the itemised billing charge is covered by "reserving the right" to do so, and you're not going to be able to argue that you should have been informed of the per-minute billing if you've taken out a new contract, or switched to Mix and Match after October because they'll simply say it's your responsibility to find out, and with the news from OTELO, there's no further recourse from that point.

i think the only people who can cancel now are those who are still on video talk and text deals, as they were initially per-second billing.

As much as I hate to say it, everyone else is going to have to lump it.

bindiboo

[quote=jasonwatkins;13846793

i think the only people who can cancel now are those who are still on video talk and text deals, as they were initially per-second billing.

[/quote]


that'll be me! :mad:was on VTT700 now VTT500 and they are not responding. I have just sent james harkin a email via exc office and via my 3 contact. I will keep at it and see where it leads

Mr_Zippy

jasonwatkins wrote: »

Unless the one you are on is discontinued and you have no choice but to take out a whole new one.

Not sure of your point, but my price plan is discontinued.

Direct Text 950.