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3 mobile bill demand

I took out a contract with 3 back in 2007, after about 6 months of usage my handset got damaged and tried to claim on the insurance I had been sold. I was told I could not do this. I then purchased another (refurbished) handset from 3. This did not work so I sent it back and requested another. This never arrived.

I cancelled my Direct Debit payments at this point, and did not use the network. About 6 months later a got a call requesting I pay my out-standing balance. I told them I was unhappy to do this as I did not have a hand-set but paid the bill, agreeing with 3 that they would end the contract when I made the payment (stupidly I did not get this in writing).

Now they want another £128.48. I have requested my bills and copy of the contract, which they say they do not have (the contract that is). Where do I stand?

Comments

  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    You entered an air-time contract for an initial period of 12/18/36 months with 3. That contract will run and run until you cancel it after the initial period. Stopping your DD was in breach of contract and did not cancel your obligation to pay for the air time.

    You are right in saying that you should have got something in writing to confirm that the payment you made was in full and final settlement of the contract.

    So, you obviously need to raise that with 3. But most important is that you ensure that the contract is now cancelled. Give notice by phone, in writing - every way you can. Then you need to speak to their accounts department to see just how much they think you owe them. In all probability they are right as you have no evidence of cancellation. As many contracts are taken up over the web or by phone, it is not surprising that they have no proof of contract in writing, but they are obliged to keep financial records for 6 years, so they have no excuse there as far as the detail goes.

    Finally, get a free Credit report from Experian to see whether your rather foolish decision to simply cancel your DD and walk away has cost you a black mark on your credit rating.
  • billysnowball
    billysnowball Posts: 3 Newbie
    edited 4 October 2010 at 2:22PM
    Guys Dad

    Thank you for your response. Does the fact that 3 did not supply (sell) me a working hand-set when requested give me any way to appeal?

    Also it seems rather unfair that they can breach their obligations, I was definitely told I could claim for accidental damage when purchasing the insurance, and not be penalised. The inability to obtain a working hand-set from 3 is where the problems stem from, the reason I became frustrated and cancelled the DD.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    I understand fully your frustrations but if you search the forum you will see a myriad of similar threads.

    The problem is conceptual - people concentrate on getting the right handset at the right price and completely overlook the main thing is that the networks are selling air-time. You have, in effect, 2 separate contracts 1 for the handset and another for the airtime and, unfortunately, a failure of the first does not get you a "get out of jail free card" for the second.

    Certainly 3 could and should have sorted out the handset problem, but you are liable for the air time until you cancel the contract after the initial period.

    That is why I always advise getting a sim-free contract and buying your own handset.

    3 are particularly difficult to deal with and I would not hold out any hope but for above all you need confirmation that the contract has now been terminated to prevent any more charges being levied.

    Never, ever cancel a DD on anything until you have confirmed agreement that the contract is ended.

    You now need to ascertain just exactly the total that 3 think you owe and negotiate with them.

    I have no experience about getting black marks put on hold on Experian/Equifax - I believe there is some sort of dispute procedure that can be invoked if there is an entry already - others have more knowledge on that matter if needed.
  • billysnowball
    billysnowball Posts: 3 Newbie
    edited 5 October 2010 at 4:12PM
    Thanks again.

    Yes they had mentioned that it could affect my credit rating. I'm awaiting the bills.

    I know what you mean about diffucult to deal with. The phone number they supplied to pay the bill was incorrect and took me to their broadband helpline.

    Also the letter said that I had 20 days from the date on the letter to pay the bill, but it was un-dated. Should I request a dated letter?

    B
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