3 - dispute over minimum length of contract

leeroy1980

Hi everyone

12 months ago I signed up to a contract with 3 mobile via Phonebox Direct (who went bankrupt a few weeks later). The offer was advertised as a minimum 12 month contract.

I've just called 3 to cancel the contract and they claim that I have signed up to an 18 month contract and I will have to pay an 'early cancellation fee' with a value similar to 6 months line rental.

After a lengthy argument with 2 of their operators, I told them to take the call as notice of the cancellation of the contract, I informed them that I will cancel the direct debit straight away and send them a cheque for any outstanding balance + the 1 months notice line rental as required by their 12 month contract T's&C's, and they can whistle for their early cancellation fee.

Unfortunately, I have absolutely nothing that proves that I signed up to a 12 month contract, but surely they must also have nothing that confirms that I have signed up to an 18 months contract.

Has anyone come up against this before?

If so, what was the outcome?

Thanks in advance

FixaPhone

ask them for evidence that you entered an 18 month contract, you don’t say but I assume it was over the phone, so they should have a recording as proof of verbal contract (which with any luck they wont due to the company you signed with going bust) in the absence of proof you are only committed to the minimum term.

Quentin

Assuming you bought on-line, then you will have entered into an airtime contract during the purchase, so ask them for confirmation of it. But if they produce details of the deal, you are going to be on a sticky wicket, as by not keeping any copies of the deal you did with PBD you won't be able to challenge whatever they produce.

vigilaire

Typical 3 !! AVOID them like the plague - nothing is EVER easy with them.

Quentin

If you enter into a long term contract (this one involved a cashback deal, too), and don't keep your copies of the contract documents, then there is only one person to blame should a query arise.

3 are blameless so far as we have been informed about the circumstances in this episode.

PeteHi

they scammed me with EXACTLY the same thing!!!

To answer someones earlier query... the OP probably won't have a paper contract as it will have been an upgrade/renewal over the phone. This is what happened to me;

1. I was on a 12 month contract
2. after 11 months they called an offered me another 12 month deal with a better phone
3. 12 months after this I called to cancel my contract (the bills were too high and there were far better deals elsewhere). To my surprise, they told me I was on an 18 month contract with 6 months to go. I spoke to managers etc but they wouldnt budge. They admitted that there was nothing in writing and couldnt provide me with a recording of me agreeing to an 18 month contract. Their best offer was allowing me to 'buy out the remainder of my contract at full price'.

Aside from cancel my DD and risk my credit rating their was nothing i could do. Looks like Im not the only one they have used this scam on.

elljay20

it might not even have been 3 pethi. as far as the op goes, you bought from a third party retailer, it is they who have mislead you, not three. also, if you cancel dd and don't pay, you will damage your credit rating.

PeteHi

elljay20 wrote: »

it might not even have been 3 pethi. as far as the op goes, you bought from a third party retailer, it is they who have mislead you, not three. also, if you cancel dd and don't pay, you will damage your credit rating.

yes it was 3 thanks, not a third party.

Buzby

Unfortunately back in 2006 ALL the mobile networks were moving upgrades on to 18 month (and in the case of O2, 24 month renewals). It doesn;t matter if you were on a 12 month contact previously, it is up to the customer to ask what the new term is, not expect it to be the same as the last. With nothing to prove you hadn;t signed up to an 12 month deal, it will be playing with fire to do as you suggest, as your credit file will be trashed for the sake of a 6 month dispute. Far better to learn and not get caught out down the line!