Is my existing mobile '3' contract still legally binding

Karlos-Fandango_3

'3' Mobile want me to buy out my remanding contract which totals about 200 pounds.

I have been a loyal customer of theirs for a number of years and never missed a payment nor had reason to complain.

But since they changed mast providers from O2 to Orange the signal on my contract phone is poor at best and from my home I can't get a signal at all!

After spending well over an hour and a half going round in circles with them last night they wouldn't let me terminate my contract without paying it up!

But my point is that, when I signed my contract with them everything was fine (including signal), it was them that decided to alter the contract I'd signed with them by switching provider to Orange, which I didn't even realise had happened until I rang up last night to find out what had happened to my signal.

Apparently they had text me to inform me of the change, giving me 30 days to cancel the contract if I so wished (text! What sort of way is that to inform people of such a important change!), anyhow because I didn't reply in the 30 days I have to buy out my contract with them or stick with a phone that's next to useless and pay monthly until my contract expires!! I told them I deleted the text by accident without reading it (trying to play them into my hands) and they said well you should have phoned us straight back to let us know and we'd have sent you another, so I said how could I, when I can't get a signal?? Of course there was a long silence from them, then they said they fully understood my predicament but they are powerless to do anything for me!

How can this be right, surely you can't change the terms of a contract by a text message? Has a contract change like this got to be agreed with both parties and/or in writing to become legally binding?

I can't just cancel my direct debits as surely they won't release my phone number which I need to keep for my business.

I would really appreciate any advise on what I can do next.

Thank you for your time, Karl.

Sponge

Do you still have your original T&Cs? I'm sure it'll say something about changing the terms of the contract and how major changes will allow you to terminate. But does it say anything specific about how such changes will be notified to you?

If it simply says '...in writing...' then I guess the issue is whether or not an SMS is classified as a legitimate form of written correspondence. On that matter, I can't really say. But it doesn't seem right to me. I'd expect written to mean, a letter.

Karlos-Fandango_3

Sponge wrote: »

Do you still have your original T&Cs? I'm sure it'll say something about changing the terms of the contract and how major changes will allow you to terminate. But does it say anything specific about how such changes will be notified to you?

If it simply says '...in writing...' then I guess the issue is whether or not an SMS is classified as a legitimate form of written correspondence. On that matter, I can't really say. But it doesn't seem right to me. I'd expect written to mean, a letter.

Thanks for your reply; I'm not sure if I've still got the terms (this is a long time ago now). I will have a good scratch around for them tomorrow as I'm off work.

I can't see how they can get away with this as they are providing me with a limited service through no fault of my own (well other than not reading the SMS message); this isn't what I signed up to when I accepted their T&C's! I feel as though basically they have got me by the short and curlies!

diamonds

if thier roaming partner changes and the signal is " non existant " to your detriment you can cancel FREE......call Consumer Direct

and how are you meant to know you have no Orange @ home signal 30 days before the change ? you need to roam on Orange first, a coverage map means nothing to a specific location - you may or may not get a network signal dependant on many dynamics of the location EVEN if the local Orange transmitter is 5 minutes away

3 internal roaming change is to your detriment so get on to CD

scrooge786

Hi i had the same problem and it has now been sorted after numerous fone calls for hours on end going around in circles i finally got the number for the executive office and emailed them i finally got a call from Amanda Casey who offered to terminate my contract without cost or i could have my £15 p/m price plan reduced to £10 p/m for 500 minutes which i have accepted and given my hubby my phone as hes able to get network as hes outside all the time and so doesnt have a problem.
Did u receive a text message?
As i didnt and as i had just upgraded 3 weeks eralier i was not informed.

Buzby

I'm afraid all the above comments are erroneous. You have absolutely NO RIGHT of cancellation - even if there is no signal, and this is specifically stated in ALL mobile contracts. By the very nature of the technology no network boasts 100 coverage, and one may be better than another in certain areas. As you've just discovered, the roaming service provided to 3 by O2 worked for you, but the new partner (Orange) does not.

What you have to ask yourself all those years ago - if 3UK cannot provide me with service, WHY am I sticking with them and using O2? Especially since the O2/Orange connection isn;t even 3G enabled, only 2.5G.

You say you have been a customer of 3UK for many years - what actually counts is how long you have been a customer since your last upgrade, as the clock restarts each time you do so.

If I was in your situation, I would ask 3UK customer services the following; When do they plan providing service themselves at your problem postcode? Then enquire what is Orange's predictions for the same address?

If the answer is as expected, not great - ask for your contract to be suspended until coverage is improved, as the switch from O2 to Orange has seriously disadvantaged you.

If they say no - and they are not prepared to accommodate you for customer goodwill reasons, you'll be better giving them notice to cancel (in WRITING) from their earliest date you are permitted. As you'll appreciate, it is not that the phone doesn't work at all - only at your home address. A good way to ensure you don't lose incoming calls when at home is to set up an 'unavailable' divert to your home number, which will transfer your incoming calls to the landline.

Consumer Direct may not tell you the same thing, but their advice in respect of mobile phone contracts has been known to be flaky and misleading at times.

Karlos-Fandango_3

scrooge786 wrote: »

Hi i had the same problem and it has now been sorted after numerous fone calls for hours on end going around in circles i finally got the number for the executive office and emailed them i finally got a call from Amanda Casey who offered to terminate my contract without cost or i could have my £15 p/m price plan reduced to £10 p/m for 500 minutes which i have accepted and given my hubby my phone as hes able to get network as hes outside all the time and so doesnt have a problem.
Did u receive a text message?
As i didnt and as i had just upgraded 3 weeks eralier i was not informed.

Hi,
You don't still have the number for the executive office do you? I've tried to obtain this on their phone lines with know luck; I've also emailed them but they haven't even bothered to reply!

I would be very greatful if you still have the number, they really get me wound up as you can't get anywhere with them and just get fobed off all the time.

Kind regards, Karl.

Ps if anyone knows a direct email address or phone number so I can get this sorted once and for all I would be really appreciated.

darleydame

i too am having the same trouble with the change to Orange network.
I think Buzby has the right idea with the call divert.
I have about 5 months to run on my contract so this might see me through until I can change providers.
I have found 3 fine but then I have never had to call them. their new live chat is quite good as at least you can understand what they are saying!

diamonds

buzby thats crap in this instance & does not stand

3 made a network decision that o2 were going and Orange were in, if the 2G roaming partner " cell " was temp not avail then you have no chance of cancelling

but 3 took a commercial decision to change roaming partner & that o2 cell will never be avail for coverage & the new 2G partner Orange cannot give coverage, its a detrimental to the customer who had full coverage & a commercial decision changed that & thats why the Exec Office lets customers leave

most people have a mobile only these days, what goods that if you have no coverage at home address where you spend at most of your time

john-306

I had massive problems with the 3 signal a couple of months ago apparently down to upgrading the network from O2 to orange.. All seems well again now so maybe give it a week or so?

I don't really understand your 1st post where you say
"But since they changed mast providers from O2 to Orange the signal on my contract phone is poor at best and from my home I can't get a signal at all!"

Correct me if I'm wrong but don't 3 have their own masts and the O2/orange tie up is just a back up for when you can't get a 3 signal, I'm assuming you got a 3 signal in the past and moving to orange from O2 for back up won't have an effect on the 3 signal in the future, I know like I said during the change over it was a nightmare for me, but all is well with the world again now.
Hopefully it will be good for you too soon.:beer:

diamonds

think OP is saying at home they roamed on o2 for signal as no 3G coverage in thier area