3 (UK) Nightmare

RRS

3 have renewed my contract by stealth and when I terminated it within first week, they took back my new phone, told me that I had modified that phone, never sent the phone back. Now I am stuck in an 18 months contract with no phone, I don't/ can't make any calls and they keep on sending me bills. They forced an add-on with my so-called contract as well which I cancelled next day but they keep on billing me for it though I never used it. Does it get any worse than that. They have seriously messed up my life.

RRS

Now they have sent me a 'Formal Notice' through some debt collectors threatening me a legal action if payment not made within next few days. I am still waiting for a copy/ recording of my contract. Are not all these parties, 3 and the debt collectors, legally bound to give me this document before coming for money? What about Data Protection Act 1998? Why have they ignored my request for a 'Subject Access' to the contract? Can I delay the debt collectors by asking for a copy of my contract citing Data Protection Act 1998?

gk172

Did you contact ofcom? What is there advice? I had problems with 3 ending my contract only they doubled the termination fee 4 weeks after i had used my pac code :mad: and i took the advice from ofcom to speak to 3's executive offices and they advised me to cancel my direct debit but to let 3 know that i was willing to pay the agreed amount, i emailed exec offices letting them know i had spoked to ofcom and they reduced the fee back to what i had agreed to pay, but i was so glad to get away from the 3 network and im now happily with 02.

RRS

gk172 wrote: »

Did you contact ofcom? What is there advice? I had problems with 3 ending my contract only they doubled the termination fee 4 weeks after i had used my pac code :mad: and i took the advice from ofcom to speak to 3's executive offices and they advised me to cancel my direct debit but to let 3 know that i was willing to pay the agreed amount, i emailed exec offices letting them know i had spoked to ofcom and they reduced the fee back to what i had agreed to pay, but i was so glad to get away from the 3 network and im now happily with 02.

Thanks for your feedback. I will send them a cheque for 'subject access fees' (£10) and ask for a copy of my contract under Data Protection Act. I am sure they will not release it as in the call when they renewed the contract, they promised me a PAC code after four days. I want to hear that conversation again. They have taken back my phone but still keep on sending me bills. I have a strong feeling that my contract does not exist at all. A friend of mine had similar problems with Orange and they never had any copy of his contract to fight their ground with. Still it is so stressful. Is there nobody who could sort these people out?

nikki2804

I almost took a contracr out with 3. I;m glad I came across this thread!

RRS

nikki2804 wrote: »

I almost took a contracr out with 3. I;m glad I came across this thread!

Thanks nikki. You are the third person that I have stopped from going to 3. The more the better!. They can extort money out of me (I will not give the money in their hands, it has to go through the the debt-collectors first who would keep his share) but I will make sure that I keep as many customers away from 3 as possible. They are a rogue company and it is a real shame that they are still licensed to operate in this country.

RRS

Sent them a subject access request under Data Protection Act last week asking for a copy/recording of my contract. Sent them a cheque for £10 as well), they have gone eerily quiet since then. Maybe this is the end!

RRS

Received their reply recently. They have sent me ALL that they had on me in their files but the contract does not exist as the recordings are, probably, destroyed. Where do I go from here? I have stopped paying them all together. A debt recovery firm sent a pre-court demand for money which I ignored. What should I do now. Can they drag me to court without a contract or should I tell them to sod off in so many words? I have already paid in excess of £50 in this account. Should I ask for a refund?

jasonwatkins

Ok, so if 3 cannot produce a contract then correct me if i'm wrong but they haven't got a leg to stand on.

You made a Subject Access request under Data Protection and they are legally obliged to send you everything they have on you and your relation to their company, contractually or otherwise.

If there is no agreed contract between you and 3, which appears to be the case here, then I would write them a "cease and desist" letter.

Inform them that you have asked a solicitor to examine the documentation that they have sent to you as a result of your data protection request and that the solicitor has confirmed that no binding contract exists, because if it did, they would be obliged to send it to you.

(You could actually get a solicitor to do this - it might cost you X amount for an hour of their time, but if you get the money back it might be worth it)

Tell them that they must cease and desist any and all action against you, including debt recovery. Tell them that any action along these lines will constitute harrassment and will be pursued through the courts.

Also advise them to contact the debt agency and stop action as well.

That might work ..

What i'd do then is send copies of the paperwork to ofcom and ask them to verify that no binding mobile contract exists and then tell them how much you've paid out so far and that you want it back.

I can't say for sure that any of that will work, but if 3 didn't send you any indication that you are contracted to them then I really can't see how they can continue hassling you.

RRS

O thanks Jason. That's what I wanted to hear. Let me find out all the legalities around 'Extortion' and I can write as good a Legal Notice as any solicitor out there. Once again, many thanks.