Annoyance re:contracts, advice please

lynzpower

Hi all

Right, my understanding is that i signed up with 3 for a 12 month contract at the end of may last year. So Ive found a few better deals elsewhere thanks to peeps here so I called them today to find out exactly when I could give my end date in.

They tell me that my contract isnt up till November its an 18 month contract. I dont recall this at all, so I asked Dialaphone for a copy of my credit agreement for my info. they were pretty resistant over the phone and I suspect that they dont have a copy of this agreement.

If they dont ( and im not sure i do - duh) can i get out of the contract early? Does the contract exist if no one has any paper records/ proof with my signature etc ?

lynz

Mr.H_8

The contract does exist even if no paper records can be located.

The problem that arises is that without the actual written document to refer to, it is difficult for either you or 3 to prove the terms of the agreement (including the length - 12 months or 18 months) if the dispute rumbles on and possibly turns nasty.

Whilst the individual you spoke to might well have left you with the suspicion that 3 do not have their copy of the agreement it could be that that department is not in charge of record keeping. So if you call 3's bluff and cancel your contract and monthly payments you could risk 3 coming after you for the rest of the payments for breach of contract and (probably only after battling a while and lots of repeating yourself requesting a copy of the agreement) 3 possibly turn up with their copy agreement after all.

One option is to continue to argue your case in that you are confident the agreement was 12 months and see if 3 eventually accept this. However, I suggest play it safe for now. By all means continue to search for/request a copy of the agreement so that you have the definitive answer. (Probably more likely to succeed with a written request.) But given the networks seem to favour 18 month contracts more and more don't discount the possibility that you do in fact have an 18 month contract.

I hope that is of some help. My first post! :j