3 Mobile unfair charges - help please!

chungasarnies

Hi all,

Just got off the phone with 3 Customer Services, and I was hoping to get some advice.

Having just received my latest bill, I was shocked to discover I had been charged in the region of £20.52 for 12MB of data, on what I understood to be a contract with unlimited internet usage, unlimited texts and 200 minutes per month - a "£20 Internet Texter". This contract was opened last September, for 24 months, and was an upgrade from a previous contract.

The problem has arisen from the fact that last month it underwent a change of user, since when I acquired the phone I was under 18, so it went in my Dad's name. I only just got round to changing it last month (that's another long story though).

I called up and asked why, she said that she couldn't discuss that without authorisation from the previous user, which she got by talking to my father. Then she informed me that the unlimited internet use was in fact an add on given to us at the start of the contract as a complimentary loyalty reward for upgrading. Note: we NEVER understood this to be the case! And here's the punchline: this couldn't be carried over to my name because I wasn't a loyal user. She also claimed that this was read to me in a mandatory notice when I changed the contract to my name; I do recall a notice but I can't remember the specifics now, and I've never received a copy of this in writing.

I informed her that it was never made clear I'd lose my internet add on and politely suggested that it was unfair to burden me with the sum of £20.52 (ex. vat) for a service I didn't know I was paying for, and told her I wasn't paying. She asked why I had ignored the two texts I received on the 31st Dec. and 8th Jan. informing me that I was paying for my data usage; I told her it was because they didn't say that, they said that I was merely "continuing to use", and again because I thought it was covered in my contract.

Initially unhelpful, she then put me on hold, and returned conjuring up a number of options:

1. "The systems would not allow" the cancellation of that £20.52
2. If I was willing to sign up for the internet bolt on (which I thought I already had) at a cost of £5 a month, she would waive the £20.52 (plus the £3 or so which I have already clocked up this month, apparently) despite previously claiming the systems wouldn't allow her to....
3. When I refused, she offered a £5 goodwill gesture, which I didn't accept but she applied to my account anyway. She also requested that I stop using data.

At this point I got !!!!ed, and informed her that I would be canceling the direct debit (I haven't, yet). I'm left with five issues:

1. How do I get rid of that (now £15.52) extra sum on my bill
2. How do I get my internet add on back
3. Given that I no longer have (free) internet access, which I never understood to be a removable add-on, why am I being charged the same monthly sum for a worse contract.
4. If it is, as I see it, a worse i.e. different contract, has my contract time been reset; i.e. am I back to 24 months, or am I at 19 months where the old contract left off?
5. How do I get the hell away from 3 mobile...

Sorry for the long and boring post, but if anyone has any advice it would be great. From what I can tell through searching, people have had similar problems....

Cheers

paulofessex

I wonder if by offering you the options she did they know they are in the wrong in some way.

Rusty!

Not that I can help, but I know you're not the only person this has happened to.

caffinebassman

It is always tricky when you make a change to a contract with any mobile operator (in fact not just mobile, I've had similar with Sky and Virginmedia tv and home phone service contracts) - they always try to push a new contract with a reset fixed period. :-(

The simple fact from their perspective is that a contract was made with your father in his name and this contract has effectively been "broken" by changing the name on it to your name.

I think in your situation what I'd do is call again and argue my case one more time (demanding to speak to a supervisor first). I'd probably also ask if it were possible to revert the contract back to exactly how it was prior to changing the names.

If there was no change in their position that I was happy to compromise with then I'd ask them to confirm their position in writing, ask them for their UK customer service address and tell them you intend to make a complaint to ofcom and possibly trading standards.

Sadly, I have a sneaking suspicion you might find that your stuck with it as the original contract was never between you and 3. The simple rule of thumb I have now is that when I make this kind contract I avoid trying to change it at all costs (or I don't enter the contract) particularly now that it's usually 18 or 24 months min,.

Hopefully someone else on here can offer better suggestions and perhaps more info on the legal situation.

Best of luck though

DarkConvict

Sorry I'm going to be blunt on this one. You admit you can't remember what they told you when changing the contract, and you admit to receiving the text messages, you must have mis-understood what they meant.

I agree with 3, by changing user you are not longer entitled to a loyalty bonus, bit like your no claims discount on cars, you need to be the policy holder not an additional driver.

1. How do I get rid of that (now £15.52) extra sum on my bill (you can't they told you about it 3 times and have given you a good will gesture already)
2. How do I get my internet add on back (£5 a month addon)
3. Given that I no longer have (free) internet access, which I never understood to be a removable add-on, why am I being charged the same monthly sum for a worse contract. (But it was an addon for loyalty, it was not a core component of the contract so can be withdrawn or altered)
4. If it is, as I see it, a worse i.e. different contract, has my contract time been reset; i.e. am I back to 24 months, or am I at 19 months where the old contract left off?(You will have to ask them, change of name can be done without a renewal but if they offered you a new contract over the phone did you accept it without realising)
5. How do I get the hell away from 3 mobile... (Wait until the contract expires)

chungasarnies

Thanks for the replies everyone, I'm going to have another crack at them on the phone and make a proper complaint.

I understand your points here DarkConvict but I still think I've been treated unfairly. Both I and the previous owner were made to understand that the existing phone contract would be transferred into my name, and I happen to believe that's not what I got.

I forgot to mention, she told me that the "£20 Internet Texter" was not a tariff offered to new customers, and encouraged me to see for myself on the 3 Store online, which I have done, and there is one.

If I have been signed up to another contract, this was certainly not made clear, and I'm sure of that. I never received any information to confirm this either.

DogDave

I went through a similar thing with 3 a couple of years back. They gave me 150 minutes per month when I was adamant they had sold me over the phone 300 mins. I keep notes of my phone calls with companies like 3 and BT so I was sure of what they had offered.

I tried getting a record of the phone call through Data Protection Act - they wouldn't give it but to cut a long story short, in the end they gave me 300mins as a "goodwill gesture" which they said didn't indicate that they were in the wrong. But this wasn't without a lot of trouble! Writing letters, phone calls from India etc etc

chungasarnies

DogDave wrote: »

I went through a similar thing with 3 a couple of years back. They gave me 150 minutes per month when I was adamant they had sold me over the phone 300 mins. I keep notes of my phone calls with companies like 3 and BT so I was sure of what they had offered.

I tried getting a record of the phone call through Data Protection Act - they wouldn't give it but to cut a long story short, in the end they gave me 300mins as a "goodwill gesture" which they said didn't indicate that they were in the wrong. But this wasn't without a lot of trouble! Writing letters, phone calls from India etc etc

Cheers for this, shows there is hope yet! I'll be keeping better notes of what I'm told on the phone.

Have sent a lengthy email complaint to customer services detailing what's gone wrong and the specifics of my phone call last night. Going to have to sit it out I guess.

gjchester

Don't cancel the direct debit. You'd end up on the debters list after a while if it's not paid it would end up with debt collecors. Possible credit black list and a lot of hassle is not worth it. Keep paying but write and let them know you have this problema dn you are paying but still want this resolving so it's on file.

DogDave

I didn't get anywhere with 3 til I wrote to their Glasgow office - I can give you an address if you PM me (its an individual so I won't post it), and also mentioned on the letter that Consumer Direct and Otelo were behind me.