3 mobile broadband

MissBx

Ive been with 3 mobile broadband for a year, my contract ends with them september 2011. Ive recieved a letter today saying theres going to be a price increase aswell as the vat rise. Is there anyway i can get out of the contract? I found this in there terms and conditions but i dont know if this would apply. Any help would be greatly appriceated

(d) Within one month of a detrimental variation to your agreement.
You can end the agreement within one month of us telling you about a variation to your agreement (which includes your Package) which is likely to be of detriment to you. You must give notice to Three Customer Services within that month and your agreement will finish at the end of that month once we receive your notice. (A Cancellation Fee will not be charged.)

kwikbreaks

I'd say that if they are putting up the price over any tax rise you can cancel without penalty.

This should really have been posted in one of the consumer boards as it isn't a technical internet issue.

Quietgirl

Hi,

I have just phoned 3 to try to end my agreement and they won't budge,they rekon there's a percentage in the detriment clause.

Snakeeyes21

Quietgirl wrote: »

Hi,

I have just phoned 3 to try to end my agreement and they won't budge,they rekon there's a percentage in the detriment clause.

Most networks usually say you need to have an increase of 10% for it to be detrimental to you. but three have no such terms in their T&C

See if you get anywhere with the executive office
[EMAIL="executive.office@three.co.uk"]executive.office@three.co.uk[/EMAIL]

Ive just shot an email off to them, lets see if I get a response.

The email is below if you want to use it.


Account number xxxxxxxxx
number 077xxxxxxxx

Hi

I have today 26/11/2010 recieved a letter stating my mobile broadband contract thats due to expire some time in April 2011 will be increasing by an amount of £0.47 plus VAT in addition to the VAT increase thats due on the 4th January 2011.

This change of contract will have a detrimental effect on me, i.e I will be paying more for the same service.

As per my contract terms this allows me to cancel my contract without any fees or penalties.

I hereby give the contracted 30 days notice that I would like to cancel my mobile broadband contract without any fees or penalties.

Please see the relevant terms of my contract that I wish to cancel under below, also in the attached pdf.

These terms were taken from your website on the 26/11/2010 at 19.23 from the following web address
http://www.three.co.uk/Help_Support/Terms_and_Conditions?content_aid=1214305745245


4. Variations to your agreement or prices

Pay Monthly Customers
4.1 We may vary any of the terms of your agreement, including our Price Plans, on the following basis:

(a) any updated Price Plans and new terms will be available on our website and on request to 3 Customer Services;

(b) if you are a Pay Monthly Customer, we will let you know at least one month in advance if we decide to:

(i) discontinue your Price Plan; or

(ii) make any variations to your agreement which are likely to be of detriment to you; or

(iii) increase the fixed periodic charges for your Price Plan (if applicable) by an amount which is more than the percentage increase in the Retail Prices Index Figure (or any future equivalent) in any twelve month period.

You can end the agreement for such variations as explained in Section 10. Subject to the above, you will not be able to end the agreement if such variation or increase:

(i) is due to changes to the law, government regulation or licence which affect us; or

(ii) relates solely to Additional Services; or

(iii) relates solely to Add-on(s) (if applicable to you). In such circumstances you will not be able to end your agreement but you will be able to cancel the Add-on(s) by giving us 30 days’ written notice; and

(c) if you carry on using 3 Services after the variation commences, you will be deemed to have accepted the variation.

4.2 If we offer a range of Price Plans, you may change from your Price Plan to one of a selected range of other Price Plans on such terms as agreed with us.


Pay Monthly Customers
10.1 You may end this agreement in the following ways:

(a) In certain circumstances under our Returns Policy. You may need to get in touch with 3 Customer Services to arrange Disconnection.

(b) You can end the agreement during your Minimum Term (if you have one – this will be stated in your Price Plan) by giving notice to 3 Customer Services at least 30 days before the date you want to end the agreement. However, you must pay us all the Charges you owe, plus any Cancellation Fee for your Price Plan (as set out in the Price Guide).

(c) On 30 days’ notice, outside the Minimum Term. You can end the agreement if your Price Plan does not contain a Minimum Term, or if you want to end the agreement at the end of your Minimum Term or any time after your Minimum Term has expired, provided you give notice to 3 Customer Services at least 30 days before the date you want to end the agreement. (A Cancellation Fee will not be charged.)

(d) Within one month of a detrimental variation to your agreement.
You can end the agreement within one month of us telling you about a variation to your agreement (which includes your Price Plan) which is likely to be of detriment to you. You must give notice to 3 Customer Services within that month and your agreement will finish at the end of that month once we receive your notice. (A Cancellation Fee will not be charged.)

10.2 We may end this agreement in the following ways:

(a) On 30 days’ notice, outside the Minimum Term.
If your Price Plan does not have a Minimum Term, or the Minimum Term has expired, we can end this agreement by giving at least 30 days’ notice of ending the agreement.

(b) Because of your conduct.
In the following cases, we may end your agreement immediately and you have to pay all the Charges you owe up until we Disconnect you:

(i) if we have the right to Suspend your 3 Services on any of the grounds in Section 9 and we believe that the grounds are serious and have not been, or are unlikely to be, rectified;

(ii) if we believe that your communications with 3 Customer Services or any of our retailers or agents, or your use of our 3 Services, are jeopardising the operation of the network, or are of an unacceptable nature;

(iii) if we reasonably believe you will not be able to pay your bill. This could result from a failure to pass one of our credit assessments; or

(iv) in the event of your bankruptcy, insolvency or death.

(c) No network access or 3 Services. We may end your agreement if we no longer have access to other operators’ networks which we need to provide 3 Services, or if we are no longer able to provide 3 Services due to factors beyond our control or because we cease business.

10.3 Once you are Connected to 3, you can only end this agreement in the ways set out in this Section 10. However, if you are a consumer, any statutory rights which you may have, which cannot be excluded or limited, will not be affected by this section. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.


Please note that there is no stipulation on the amount of the increase that would allow me to cancel, as I was told over the phone by one of your customer services reps.

Please reply to this email to confirm that my request to cancel without penalty will be processed, should you wish to deny my right to cancel without penalty I will be forwarding a complaint to ofcom.


Thank you

Mr Snakeeyes21

Jackomo

Hi All, thought I would share a successful outcome on this.

I called three support (saynoto0870 for the number) and asked for a manager to call me back as I was not happy about this increase and wanted to use my right to cancel due to detrimental effect (thanks snakeeyes!).

Waited an hour and a manager called me, I got the usual rubbish but I kept hammering home that if they changed the contract I wanted to cancel with no Fees, after going through this for a few minutes I added (this is the orange juice!) unless you can give me a credit of £10 or a free month. She was unable to give me the free month but was happy (and obviously permitted) to grant a £10 credit to my account which exceeds the amount I would pay in the increase over the remainder of my term. Job done, happy again with 3!

So try it, give them a call say your not happy, ask for a manager to call you back, argue for a few minutes then request the £10 credit :-)

good luck..

bertyandminty

In my opinion Three are being very sneaky - they are correct to say that quote 'No cancellation rights are available to customers for RPI increases' as it is clearly covered in T&Cs under 4.1(b)(iii) however if you wish to cancel you will need to state that you exercising your right under 4.1(b)(ii) make any variations to your agreement which are likely to be of detriment to you; or. After all, Three gave you that right under 4.1(b)(ii) and they can't take it away as would effectively reduce your legal rights, albeit a legal right given to you through poor draftsmanship of the contract.

Snakeyeys21 has it pretty much spot on although I would recommend contacting Otelo because it is the Ombudsman detailed on Three.co.uk. For each case Otelo take on, they will charge £300+ to Three. Importantly the consumer bears no costs. Defending an Otelo takes time and if the outstanding amount on your contract totals less than £300 then it would make business sense to not contest each consumers' case and resolve the matter before Otelo become involved. So, contact Three and state that you are exercising your legal right to cancel under 4.1(b)(ii) and that if they intend to deny you your legal right as per their T&Cs then you wish to have this in writing so you can then demonstrate that the two parties are in a position of deadlock at which point you would have no option but to refer the matter to Otelo, I believe that Three will want to minimise cases which go to the Ombudsman and will agree to end the contract with no penalty. Don't dispare, even if the remaining value of the contract is over £300 then I am firmly of the opinion that Otelo will rule in your favour, although you may have to wait for an Otelo ruling which could take several months. Please also bear in mine that Three may wish to drag out your case, if this appears to be happening then advise Three that you are aware that if no deadlock letter is forthcoming then Otelo will take on your case after 8 weeks of the date of your original complaint.

Details below for Otelo taken from Three.co.uk

Taking a complaint further:

In the unlikely event that we don't fully resolve your complaint or haven't responded to you in 8 weeks, you can contact Otelo for help and advice. Otelo is the telecommunications ombudsman– that is to say, it's an independent body that's been approved by Ofcom to resolve disputes between customers and providers.
Otelo may refer the compliant back to us if we haven't been given sufficient opportunity to resolve the matter or the complaint falls outside of the body’s remit. If Otelo accepts a case for investigation, like all providers we agree to be bound by the decision it makes.
You can write, send an email or call Otelo.


Otelo
PO Box 730
WARRINGTON
WA4 6WU

Email: enquiries@otelo.org.uk
Tel: 0845 050 1614

Best of Britsh to you and don't give up!

Finishrich

Glad I found this as I've been on the phone to them for ages. They're doing my head in as they seem to think the increase is because of the VAT even though I've tried to explain umpteen times that they're also increasing the monthly cost to. :mad:

After speaking to a supervisor I'm standing my ground on this one - she's going to call me back tomorrow. Probably after they change the terms and conditions on the website so I've saved a copy just in case.

I agree with the others and pointed out section 4.1 b (ii) and 10.1 d

Will be interesting to see how this pans out.