possible broken contract with three

countrymusicfan

my son took advantage of three's deal where you take an eighteen month mobile broadband connection with three and get your notebook or laptop for free. He opened a brand new account and got it set up to get his wages paid in, he gets paid fortnightly, and they said ok. The contract he had clearly said they would take out the money on the 3rd of each month. They tried to take out the money on the 20th, but it wasn't in it yet, so he will be facing a bank charge, which I am going to send them a letter and tell them to pay for, but they tried to take it out on the 23rd. Again, it wasn't yet in, and again, I will be insisting they pay the charges. But he was cut off on the 27th and it still wasn't due to be paid yet. We had an argument on the phone and were reinstated. But I think they broke their contract by trying to take out the money early and are therefor in breech of contract and the notebook now belongs to us. Am I right?

robt_2

How can they give a date when the DD will be taken every month when it changes due to weekends? Are you sure it wasn't that his billing date was the 3rd with the payment taken 2-3 weeks later? Thats how it works.

If they tried and failed to take the payment on the 20th, they would not try again on the 3rd, it is too soon, they would try about a week later - 27th.

On another note, is his first month pro-rata with a smaller amount due, or a larger amount on the second month to cover pro-rata use?

Three won't pay your bank charges - it is down to you to have money in your account, not them!

scotty1971

i have my dd all set up to come out on the 1st of the month,if that falls on a weekend,it will come out on the friday or monday,so i can't see how they can try and take it out so early,if you have it set up for a particular date

countrymusicfan

robt wrote: »

How can they give a date when the DD will be taken every month when it changes due to weekends? Are you sure it wasn't that his billing date was the 3rd with the payment taken 2-3 weeks later? Thats how it works.

If they tried and failed to take the payment on the 20th, they would not try again on the 3rd, it is too soon, they would try about a week later - 27th.

On another note, is his first month pro-rata with a smaller amount due, or a larger amount on the second month to cover pro-rata use?

Three won't pay your bank charges - it is down to you to have money in your account, not them!

I'n not sure what a pro rata is, but they took out the full £35 on the 3rd. I wil have another look at the contract. I am sure it says money will be taken out on the 3rd,