Stolen phone, no replacement SIM card sent

nembot

Hi There,

I'll keep this brief, but just over a year ago, my phone was stolen within a week of getting it, cancelled SIM/blocked phone but after speaking to mobilephones4 they had said it wasn't insured and refused to pull the phonecall to prove this was not the case.

I explained this to 3 (network provider) who said I'd have to continue to make the monthly payment, which I did until I had paid just over the original price of the phone. I cancelled the direct debit and contacted 3 to explain, they hadn't replaced the SIM card in a period just over 9 months and I'd now paid for the phone. They said this was not sufficient and I owed another £240 (arrrgh), after speaking to the CAB, they advised 3 had broken the terms of their contract by not replacing the SIM therefore I am within my rights to pay the full initial value of the phone and no more.

This did not go down too well with the debt aganecy who are refusing to listen, is there anything I could do to avoid paying the £240?

MoscowFlyer

If the CAB are saying the terms had been broken, I wouldn't worry too much about it. The debt agency are always going to refuse to listen, go back to the CAB or seek legal advice and if they still say the same thing, tell the debt collection agency to shove it, and see them in court.

I had a friend do exactly the same thing once and he won damages.

reehsetin

did you ever ask for a replacement sim?

nembot

I didn't ask for a replacement SIM as I had another phone, on another network - dealing with mp4u/3 was enough to put me off using their services then and in the future.

Not sure whether a SAR would force them to pull the original call, wasn't until I starting lurking here did I find out this was possible.

eco21

TBH, I dont think its 3's responsibility to send you a replacement SIM, the onus is on you to get one, you will still have to pay the line rental, the exact same, as if I had the SIM card and didnt use it, I would still be expected to pay the line rental.

If CAB are saying you are in the right, then thats pretty fortunate I think, get back to them and get it cleared asap.

DOnt mean to sound snappy, apologies if it does

MoscowFlyer

nembot wrote: »

I didn't ask for a replacement SIM as I had another phone, on another network - dealing with mp4u/3 was enough to put me off using their services then and in the future.

Not sure whether a SAR would force them to pull the original call, wasn't until I starting lurking here did I find out this was possible.

I think that may change things then if you didn't ask for it.

nembot

I think you're all on the ball here, this place is great!

After reading the replies, I've just contacted the agency dealing with the claim and offered to accept some of the responsibility. They also suggested as did 'eco21' that I should of asked for a replacement SIM - rather than just expecting one to appear. So after a rather pleasant call with a really helpful lady (somewhat suprising) who did see both sides of the story they have offered to reduce the overall owed by nearly £100 - which is a great result!

Thanks for the advice and ultimately the push to realise that it certainly was partly my own fault!

:beer:

eco21

Well done,

Seems a good result, saves you from debt agencies and potential credit problems, and saved you some money.

Good result all round

P.S. Welcome to the forum, there is not much people dont know here, so feel free to ask and help where you can