They're threatening me with debt collectors!

AndyXXX_2

So here's the story...

In 2007 I took out an 18 month contract with Three (3), the mobile phone company. For approximately £15 a month I received a smart phone, line rental and a text bundle. A direct debit was set up so that all payments were made in full and on time.

January 2009 was the final installment of the contract. The smart phone didn't meet my expectations and I rarely used any of the texts. I decided that the cheapest option would be to buy a Pay As You Go SIM and use it with my smart phone (which I would now own). I wanted the option of being abe to choose which operator to go with and this meant having the phone unlocked. Local shops would unlock the phone for a fee, but I felt that it was up to 3 to unlock the phone free of charge after all they had it locked in the first place. I don't expect to buy a car and be tied to a brand of fuel. I phoned customer services a couple of days before the final installment was due to be debitted.

Customer services confirmed that my contract was due to end, but then tried to convince me to take out another pay monthly contract. I politely declined. I was also unsuccessful at getting the phone unlocked.

The day that the final installment was taken from my bank account I cancelled the direct debit. As far as I was concerned the contract had finished and been paid for in full. From the conversation I had with Customer Services I also knew that 1)they knew the contract had finished and 2) I had declined an offer to take out a new contract. The SIM card was removed and I ended up using my wifes old phone on a PAYG SIM

A month later I received a bill from 3. I ignored it.

A month later I received another bill from 3. I sent back a letter in the pre-addressed envelope stating that:

1) The 18 month contract had ended in January 2009.
2) I had not been informed by 3 that the contract was ending.
3) I had not been asked if I wished to extend the contract
4) I did not ask to extend this contract.
5) I did not wish to extend this contract.
6) for the above reasons I did not have a contract with 3
7) For the above reasons I did not recognize the bills the sent me after the end of the contract.

I asked that further correspondance be signed (in person) by a representative of 3. I was getting a bit sick of automated bills and lettersby now.

Today I received an automated letter from 3 saying that if my bill isn't settled then my account will be sent to an external Debt Collection agency; that I'm still liable for ongoing line rental and any legal fees etc etc.

What does it take to get through to them??? I'm sending a letter, registered post, to the person named (photocopied signature) at the bottom of todays letter with all the above information

Anyone else have experience of this or advice? I'm certainly not twitching at the mention of Debt Collectors, but they are starting to p**s me off!

Thanks!!

sporedude

Did you give 30 days notice to cancel the contract?

iwanttosave_2

It doesn't seem like you actually told them you wanted to end their services.

AndyXXX_2

No because the contract was only for 18 months. In effect I gave them 18 months notice! In my book an 18 month contract is just that: for 18 months.

sporedude

Seems you didnt read the T+C's, You need to give 30 days notice to cancel a contract, Else the account will continue

iwanttosave_2

Yep like Spore says, it just becomes a rolling contract and the onus is on you to cancel the contract, simply cancelling the direct debit isn't enough. Why didn't you phone up after the first bill?

seangenius

Hi Andy,

I think you need to check your terms & conditions in which you find that you are bound to an "initial term" of 18 months after which you are obliged to give notice. If you dont give notice it then continues like Spore and I want to save say. I would advise you settle your bill and take it as a lesson learned as you are liable under the T&C's of which you agree.

It is a very common misunderstanding with the public that they expect 18 months to be 18 months but it does state "initial" and its a poorly worded term on the part of the networks but it is legal and you are bound by it.

RobertoMoir

AndyXXX wrote: »

No because the contract was only for 18 months. In effect I gave them 18 months notice! In my book an 18 month contract is just that: for 18 months.

What a shame your "book" doesn't correspond with the contract you signed. For things like this you actually need to formally give them notice.

Meepster

Have to agree with everyone else. The contract has a minimum term of 18 months, so if you didn't tell them (in writing) that you wanted to cancel the contract, you are still legally bound by it...

BargainGalore

I think you should of cancelled it 30 days before the contract was about to end that way you fulfilled the contract and T&C's

isplumm

Hi,

Just to say that you can cancel the phone via your mobile - by calling them ... but is a bloody nightmare - took us 32 minutes the other day!!

They kept asking why we wanted to cancel - so we told them - lack of reception - then had a go at my wife cause she hadn't rung the helpdesk ... this went on for ages -till I got involved - even then it took another 10 minutes - in the end I put the phone down, after he gave me all details .... I am going to get wife to call back on Friday to make sure it has been cancelled.

Be prepared for a battle!!

And oh yes - you will have to pay the outstanding balance - as you haven't given them 30 days notice ... but I suspect that they will not let you cancel until you have paid off the arrears!! :mad:

Mark