3 mobile complaint / bank indemnity claim? - please help

PleaseHelpMe_2

Hello there, Firstly thank you for taking the time to look at this for me and secondly I hope this is posted in the right section, my appologies if it isn't. I am posting on behalf of my mother, she has been having a lot of problems with 3mobile. I'll try and explain the facts of the problem below. (Ps - sorry there's a lot to read)

1st sept 08 - Mum rang 3 mobile to cancel her contract. Mum had been with 3mobile for many years so was definately out of the first 12/18 months of contract. She was advised she needed to cancel by written letter.

2nd september - Mum writes the letter and it is posted to 3 mobile. Mum thinks her account will now be cancelled. (unfortunately she didn't think at the time to send it recorded delivery)

31st Dec 08 mum recieves a bill from 3 mobile and rings them to query it, as she had cancelled the account. My mother was told the account had not been cancelled and she was being transferred to a different department, at which time all she could hear in the background was laughing and joking and people sounding like they were at a party. She remained on the phone for quite some time, even resorting to shouting down the phone to try and get someones attention, I also took the phone from my mother and tried to get their attention for her. We eventually gave up because no-one had returned to speak and as we had already explained the problem to one of the colleagues, we thought the cancellation would be actioned.

Jan 09 - Following this incident Mum realised in January of this year that her account still hadn't been cancelled. She at this time went into her bank and cancelled the direct debit at this end as by now four payments (£180) had been taken from her account since the time she informed 3 mobile she wanted her account cancelling.

The last few months - 3 mobile started trying to contact her regarding this issue as it had been passed to a debt collection company from 3 mobile. After speaking to a 3 mobile colleague in april my mother was informed that she owes 3mobile £93 for two months outstanding direct debits and that her account could be cancelled from today - over the phone (incurring a 30 day cancellation period) adding another £47 to the debt for the month it would take to cancel her account. (if they could do this why didn't they just do it to begin with!!!)

In total this ammounts to £180 they shouldn't have taken from her account and £144 of bills they were trying to charge her for, all because they never actioned her cancellation each time she contacted them. My mother did try three times to cancell this contract, (September - by phone, September - by letter and December by phone) and has had no end nof trouble since. She's been hounded by the debt collection company working on behalf of 3mobile but refused to pay as she didn't believe she owed the money. When trying to resolve this with 3 mobile I have spoken to many different people, both in customer services and complaints and managers too who have all told me that she needs to pay this outstanding debt as they didn't recieve the letter. I asked them if they had the proof the letter existed if they would act on that. The manager asked what proof I could give, I said I could print a screen shot of the properties on the original letter, (aka when it was made, last edited last actioned etc etc - see below for this part of the screenshot, I've not posted all of it as it has mums account details on the original letter)

[edit] - sorry it wont let me post the link because I'm a new member, I'll post it when the site allows me to x

He told me that I could fake this?? - by now I'd had enough. Not only was he offensive he was insinuating I'd make fraudulent documents? So I wrote a letter to three mobiles complaint department, with a copy of the original cancellation letter, with a printout of the screenshot of the properties and a fresh letter of complaint about everything that had happened. I sent this letter recorded delivery on 30/04/09, it was signed for on 1/05/09. I rang 3mobile today to see what action had been taken on this letter only to be told once again that they had 'not recieved this letter'.

The lady who I spoke to on the phone today told me she would make a 'one off' action to cancel the account within the next 48 hours, that they don't usually do this but she could see we had contacted them in december about a cancellation and so it would be actioned. She then said that because there had been no usage on the phone at all since octaber last year that she wasn't liable for the payments anyway?? - but then changed this and basically said she was gonna cancel the £93 bill and make sure the debt collectors were told the account was cancelled but told me that my mum can not have any of the £180 back that 3mobile took off her. She said we would need to go into the bank and make an 'indemnity claim' for her money back. This is basically where I'm upto.

1) I have no idea what an indemnity claim is? Will the bank do this?
2) Surely it's 3mobile that's liable not the bank? even under the Direct Debit guarentee? If they are liable what can I do about getting my mums money back?
3) Is there anything else I should be doing?

Thank you for all your help xXx

hotkee

Your mum needs to go to the bank and the bank will claim back the money from Three under the direct debit guarantee - she will probably have to sign a few forms (take the usual bits of ID etc).

PS - you have not stated if at Sep 2008, your mum was in a new contract cycle (usually 18 months with three months minimum) and Three would have required her to pay of the termination fee (line rental on remainder of contract) to end the contract. If she did not do this or ask for this to be done (termination fee to be paid to Three) - they would have continued with the contract. Not ideal but thats how Three work.

PleaseHelpMe_2

She wasn't under a new contract cycle as far as we are aware, no-one had contacted her about a new contract and she hadn't agreed to one?

Thank you very much for your help x

hotkee

The contract is automatic - if you do not cancel first 18 months, a new 18 month contract starts automatically.

Its the norm with telco companies and plagues all customers....

PleaseHelpMe_2

Aaah now that explains what one of the guys was on about, he was mentioning about the contract ending on september 30th (I'm 80% sure that was the date he said anyways), that way the cancellation (I'm guessing) the 30 days too would have had to be given on / before ocober 31st? surely thats only a day out? hmm =( Sorry, I was a bit wound up when he was talking to me about that bit and it was a few weeks ago now.

Numenor

hotkee wrote: »

The contract is automatic - if you do not cancel first 18 months, a new 18 month contract starts automatically.

Its the norm with telco companies and plagues all customers....

Say what?

I've never had a telephone contract automatically renew - ever. BT tried to rope me into it recently by promising to waive the couple of quid a month I pay for unlimited evening and weekend calls, but I ignore their offer every time they make it. Are you really saying that all 18-month contracts with 3 automatically renew to another 18 months now?

xmaslolly76

As long as your mom did not accept a new phone from them since she took the original contract or no new package deals were made then no new contract would have been started and there for only the 30 day cancellation notice would have been required.

PleaseHelpMe_2

xmaslolly76 wrote: »

As long as your mom did not accept a new phone from them since she took the original contract or no new package deals were made then no new contract would have been started and there for only the 30 day cancellation notice would have been required.

Nope she certainly didn't, the phone wasn't even used since Oct 08, as they confirmed to me themselves. Thank you x

agsnu

Numenor wrote: »

Say what?

I've never had a telephone contract automatically renew - ever. BT tried to rope me into it recently by promising to waive the couple of quid a month I pay for unlimited evening and weekend calls, but I ignore their offer every time they make it. Are you really saying that all 18-month contracts with 3 automatically renew to another 18 months now?

Nope, hotkee is talking nonsense.

PleaseHelpMe_2

Hey, sorry for bumping up this thread, but having more problems since. on 29th may the colleague added the £93 credit. She rang me on 31st of may to tell me this had been actioned and once again told me to make the indemnity claim as they were not allowed to issue refunds? Anyways...months later my mum recieves a bill for £350 - the £93 and the money that was given back in the indemnity payment. When I contacted 3 mobile I asked for the colleague to contact me, after waiting 2 weeks and contacting them again she finally rang me. She denied any knowledge of ever telling me to make the indemnity claim even though she told me at the time she would make a note of it on the screen / file. Even though she denied it at first she asked her manager to wave the bill and her manager refused. If she hadn't said it why would she even try? anyways now since her manager refused she's now made a note on my mums account saying she never said it to begin with.

I've had enough of this now, I followed her advice and now she's lying telling me she never said it. I've spoken to three again today who have said they have to go with what's on the screen which is her last recent comment on july 16th denying saying this. I've asked for details on how to get a copy of that call, I'm just hoping it was recorded. I've had enough now =(

osully81

Hi,

I'm hoping some experienced MSEs can help me with a problem with 3. I signed up for a contract with 3 about two years ago and got a good phone and contract with them. My sister decided a few months later to join 3 but as she was unable to set up her own contract (she only had an Electron card and this couldn't be processed) it was set up as a second contract under my name.

Earlier this month my sister decided to cancel her contract with 3 so that she could get one in her own name. On the 3rd July we gave the required 30 days notice (the call took 45 minutes as the customer service operative was refusing to process the cancellation).

A few days ago I was contacted by another customer service operative who offered me a special offer for loyal customers. I asked why I hadn't been offered this when I upgraded my phone in April and he said it was a special offer for today. After agreeing to the upgrade (which reduced my line rental) I had a call from my sister who said she'd had the call and told them she wasn't interested. This got us thinking.... I called 3 and was informed that the upgrade was indeed appled to my sister's account. At no point did they inform me of this and I was quite clear that my existing contract had been upgraded in April.

On Wednesday I spent half an hour on the phone to 3 to make sure that the original disconnection request is being honoured as I don't believe this is my fault - it sounds like a huge contravention of all distance selling regulations. By the end of the call the very surly operative confirmed that the phone would be disconnected on the 3rd August as per the original request. Yet on Thursday 3's couriers attempted to deliver the new phone and according to the web account, they have changed the price plan. I've sent a letter to 3 outlining the situation so far, but from what I've read from other posters, it does not seem like their response to letters is any better than over the phone.

Can anyone offer advice on what would be best to do next? There really doesn't seem to be a whole lot of point calling their customer service number as 3 calls later nothing has progressed. Does anyone have a UK number for 3 - at the moment I intend to try their PR office on Monday to find someone who might be able to action the request. I appreciate that my query hasn't been going on as the last poster but any help to avoid this dragging on for another three months would be helpful as the long, unproductive calls are soul destroying!

Thanks,
Claire