MAJOR Problem regarding Three possibly illegal?

Marlon

Hi and sorry for the incoming long post!

First time poster long time reader you know how it works folks! Been some great tips on these boards so I hope to provide some too in the future. My problem now is that with Three, Back in april 2005 I somewhat stupidly decided to purchase a new 3 G phone from Three themselves, now what to me seemed like a rational option turned out to be a nightmare.

I went to the 3 site checked their store locater for the closest place to me and found a place. I hponed the shop up and they told me I could order directly over phone (Great I think and I'm told I'll have the phone within 2 days delivered by one of their reps) well after a short conversation and me being "converted" to buying a phone they recommended because it just just come out had the latest featurss and such etc. etc. I had ordered the Motorola v975. Well after the two days I get the phone sign my contract and that's that....

Well after about a week the phone had started having major problems so I called them up and asked to return it to the original phone I wanted. They say that phone is out of stock but will be in the next coupel days so they will get it to me then. I wait a few days and finally they come round with the phone....Now seeing this was my first time giving back a contract phone I didn't think I had anything in particular I needed to do since the phone was back in the dealers hands. SEEMS NOT

I get a bill through a month later with charges run up on it. I phone the dealer asking what's going on and I'm thrown back between them and 3 being told I needed to get a de-activation code. Now why should I really need to do anything since the phone went out of my hands BACK TO THE DEALER. Well beside that I get another bit of information, the phone itself as well as some others were stolen from the back of the dealers car. Which was reported to the police and supposedly Three too, but even still it's ME being left with the bill which up to NOW is £191 and is also an actual default on my credit rating. since just before september.

Now in my eyes I have been push aside lied to and cheated out of a normal credit rating all because of two companies stupidity. I won't add in the amount in calls it's cost me to try and get this sorted or the fact I might have been refused credit of any sort because of the default. The one thing I blame myself for is not asking about Phone insurance!!! As since the incident I was also paying out for a contract I never got to use. But can anyone out there give me some advice or at least tell me where I might stand? Please!!

Marlon

digp

contact asolicitor;u may have a case against the dealer

Steve_xx

Your post seems a little ambiguous in places.

However, as I see it, you have returned a phone to the retailer. You say you have had "major problems" with the handset. Now what needs to be clear here is whether or not the phones major problems were due to it being faulty or whether it was the case that you didn't like the phone.

If the phone was faulty you would be entitled to return it, as you did, and the contract between you would be ended. If it was that you didn't like the handset, then this may be different, ie you may still be liable for the contract. In either event you would be liable for call charges until it was returned.

You need to seek advice from your local Citizens Advice Bureau, and they may advise you to liase with Trading Standards. A lot depends on what you were told at the time of returning the original handset, whether you can prove what you were told.

jimmyjim_uk

It sounds like to me that the dealer is at fault.

If possible can you actually visit the shop, you are less likely to be fobed off in person. You need to know the date the phone was stolen so you can tell 3. Speaking with the police may help and if they were to assist you to the dealers shop, even better.

Have you spoke to trading standards too?

As for 3 if you phone the India CS with a problem like this they will get confused and probably wind you up.

If you can get to a proper dealer like a 3 point at superdrug or an actual 3 shop. Explain to them what has happend and ask them if they would call 3 Glasgow on your behalf from their dealer number. Explain it to them and see if you can get the charges and credit file sorted.

Sounds messy to me, hope you get it sorted and good luck!!!

Steve_xx

OFCOM will not help in this matter. However Otelo may be able to help.

Here's a link: http://www.otelo.org.uk/content.php?pageID=100

Alfie_E

I think this is a case where someone from 3 needs to apply a bit of commonsense. That tends to mean going as close to the top as possible. I’d recommend you write to the CEO.

Mr Bob Fuller CEO
Hutchison 3 G UK Ltd
Star House
20 Grenfell Road
MAIDENHEAD
SL6 1EH

Of course, the CEO won’t deal with it. You’re hoping that a member of his office’s staff will – someone with a bit of intelligence.

While clause 6.13 of 3’s Terms and Conditions states that you are liable for all charges, I believe the general validity of such a clause has never been tested in court. However, in your case, I would argue that it certainly doesn’t apply. I would argue that the dealer was an agent acting on behalf of 3. So, in effect, 3 lost their own SIM card, and clearly you can’t be liable for that.

If your letter doesn’t get you anywhere, the next step would be to go to the Information Commissioner's Office. They can deal with your complaint about the record 3 have put on your credit file, and may compel 3 to remove it. They can’t, however, deal with 3’s general assertion that you owe them money. But, 3 almost certainly wouldn’t try pursuing you for it. No mobile network has ever wanted to test the legality of their liability clauses in court, even when they’re on much firmer ground.

Beyond that, your only recourse other is, as digp said, the use of the courts. As 3 almost certainly won’t chase you for the debt, it won’t be a claim against the dealer for that money. You would be taking 3 to court under the Data Protection Act to try to force them to remove their record from your credit file.

Edit: Don’t blame yourself over the issue of phone insurance. It wasn’t in your possession at the time of the theft, so you wouldn’t have been covered.

Marlon

First of all thanks for the reply guys!

Steve_xx: Apologies the post almost turned into a full blown rant and it does seems a couple of details were left out. The first phone had actual faults including the phone freezing and delays in response to keys pressed and actions.
A disupte that did come up about returning was that it wasn't within the 14 day return policy now when I returned it to the dealer it was since the phone was stolen and reported it passed the 14 day returns policy. Although that matter was resolved because i was able to prove when i gave the phone back. Thanks for the Otelo link too

jimmyjim_uk: I too believe this, going in person does seem better but it's a case of the manager never being in anyway! Trading standards will also be informed and hopefully they might help too! The funny thing with the call centres in india is that half of them deny that the glasgow centre actually exists! Where as the other half will refuse to connect me. I did actually at one point get a call from the glasgow centre wanting to follow up the claim but they never called back after that! Good idea about going to a Three store here and asking for contact.

Alfie_e: Thanks I really wanted to get in touch with Three and a letter explaining my position then things might get resolved quicker. Although I could be dreaming and this won't go away for a long time yet!

Thanks for the help guys.

Marlon

Steve_xx

Marlon: It's a bit dfferent now. You say the original handset was faulty, and you returned it. Therefore the 14 day rule does not absolutely apply. It is the test of "reasonableness" that applies here. The goods you bought should have been fit for their purpose and if they were not, then you are entitled to be returned to your precontract status within a "reasonable" period. Having a mobile phone go faulty within 14 days or so is not normal and therefore I believe that you have statutory rights to return it to the supplier who in turn should return you to your precontractual status.