Mis-sold Mobile Contract

gasheaduk

Money savers, I need some advice.

Back in May, I took out an upgraded contract with 3. As part of the new contract I was told I would have 150 picture mails. At the time, I asked if these were picture messages (MMS) and was told that picture mails were in fact pictures sent through things like Email and Facebook. I was sceptical as I've never had an issue with sending pictures by Email or uploading to Facebook as this would surely come under my Internet allowance. Since I send quite a few pictures by Email and to Facebook and Twitter, I was told that I would use up quite a few of these picture mails.

I received a text message not long ago offering me to switch to 3's new The One Plan at no penalty. As it would work out a better deal for me, I gave them a call. I was told that I could switch but would have to pay £25 a month plus £15 a month for these picture mails. I told them that I've never even used any of these picture mails and would be happy with a contract without them. They then said that I couldn't do that, as picture mails have to be included in the contract.

So I phoned back to complain as surely I've been paying for something that I didn't even want in the first place and can't even get rid of. The very rule call centre worker basically said if I wanted to change plans I would have no choice but to pay the extra £15 before coming up with reasons like "you must've asked for it in the first place" (a blatant lie), "it's part of the phone combination" (which I wasn't told about at all until now) and "every contract has these" (another lie as my friend has never come across them in his four years with 3) amongst other BS.

Basically, where do I stand with this? Can I make a serious complaint as they've sold me a contract and, I believe, clearly chosen to leave out certain details in order to make the sale.

P.S. Apologies for the essay, but I feel it's needs a bit of explaining.

Chimpofdoom

Ok, I'm confused...

Back in May, I took out an upgraded contract with 3. As part of the new contract I was told I would have 150 picture mails. At the time, I asked if these were picture messages (MMS) and was told that picture mails were in fact pictures sent through things like Email and Facebook. I was sceptical as I've never had an issue with sending pictures by Email or uploading to Facebook as this would surely come under my Internet allowance. Since I send quite a few pictures by Email and to Facebook and Twitter, I was told that I would use up quite a few of these picture mails.

So you've gotten a contract that as part of the agreement allows you to send 150 MMS a month.

Well as true as it is.. you do use the internet to upload a picture, but at the same time it is sending it to another phone. As for uploading it to facebook/twitter, if your sending it as a text, as opposed to directly uploading it to the site, then you will use up part of this allowance.

I received a text message not long ago offering me to switch to 3's new The One Plan at no penalty. As it would work out a better deal for me, I gave them a call. I was told that I could switch but would have to pay £25 a month plus £15 a month for these picture mails. I told them that I've never even used any of these picture mails and would be happy with a contract without them. They then said that I couldn't do that, as picture mails have to be included in the contrac

This is where i'm confused.... but I think I can work this out..
Your current contract is £15 a month?
The new "one plan" is £25?

If so, this is what has happened..

You agreed to the £15 a month of whatever term.. since you haven't completed this, you asking to switch to the one plan is essentially you asking to start a new contract, but since you haven't completed the original term, you would need to buy yourself out of it and pay for the new one (hence £25 + £15).

If the above is the case, you haven't got a leg to stand on. You agreed to a contract for x amount of months, your obliged to finish that contract.

The one part is the "no penalty" part of the above statement.. did you mention that to them?

Jakg

I'll be honest, are you sure your thinking of the right thing? I've never heard of a "picture mail". Are you sure you didn't misunderstand the original phone call?

Chambece

Not 100% sure about this, but it could be relevant.

When I was with Three, depending on what you phone you had, there were two parts to the contracts. First was the tariff, for example Mix & Match 300, which was (for example) £15, and then another part depending on the phone, which got you something extra as well as the phone. For example a poor 'free' phone on M&M300, £15pm, a decent 'free' phone on M&M300, £30pm, including 100 Video Calling minutes. Now that not so many decent phones have front facing cameras, the video calling is less of a selling point, if possible at all, so now do the picture messages.

I am guessing that extra £15 is for the phone, and 'picture mails'. You have the option of changing the tariff to the One Plan, but not the phone/'picture messaging' component. When you signed up, you would have agreed to both parts, and they are offering you to switch out the tariff part without penalty.