can anyone help.....advice needed urgently

daisydo_2

i signed up for a new mobile on the 3 network last week through an external company called 101.
my mobile never turned up even though they say it was delivered.
ive asked them to find out who signed for it as it wasnt me and i dont believe its been delivered.

today i received details from 3 of my contract and thyre all wrong.

i rang 101 and said im so fed up with all the mucking around, i want to cancel my contract and theyve said they wo nt until i get my phone...even though you only get 7 days to cancel from receipt of phone and their records say it was delivered thursday.

i then called 3 mobile direct to cancel the contract who said it has to be done via the agent 101!

IM GOING ROUND IN CIRCLES!

the contract info i got today says that if i cancel outside the 14 day period (even though 101 say 7 days) i get charged the monthly charge for every month outstanding on the contract...its a 24 month contract!!!

if i stop the payments coming out through my bank, can they come after me for money? even though its a contract i never signed?

anyone know where i stand?

gjchester

The Easy bits..

If you are outside the 7 day window under the Distance selling rules (Legally it's 7 days, some companies offer 14 days as goodwill ) then they are correct. You'll pay a early termination fee equivalanet to the monthly rental x monthe left.
Stopping payments is a bad idea, they will come after you, in the worst cases it will be county court judgements and debt collectors.

As an aside just USING the phone under Three's T&C invalidates the return period, so if it arrives leave it sealed up.

In addition Three are correct, they will not deal with you you need to go through the supplier 101.

The harder part..

I'd be inclined to go back to 101 today, (preferably with a special delivery letter so it gets there tommorow and someone has to sign for it so you know it got there), contesting the delivery, state you have not had the phone, and you now wish to cancel the contract. Ask for the tracking number, courier firm and proof of delivery, and see if you can work out anything from there. You can track most parcels on line once you know the courier)

They may take a few days to get the POD from the courier and to you, but in the mean time you have a cancellation letter lodged in there system so in case of future issues you have something there now.



Good luck