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Have started Claim in SM Court against Three

Have started Claim in SM Court against Three

They had the nerve to pass my account to a debt collection agency. After all the **** i have dealt with them! Anyway - has anyone else here done a 'small claim' against a big company? how did it go?

(whats happened to upset me?

My final EMAIL (to date)
I wouldn’t touch three again if you were the only mobile phone provider in existence. I would rather use 2 tin cans and would probably get a better service

arrgghhhh!!!!

EMAIL ONE (to them):
i sent you a damaged phone (phone one) to be repaired under warranty

you sent me a phone (phone two) as you could not repair my original phone (phone one)

i sent back your phone (phone two) - you then called me to say it would cost £55 to repair your phone (phone two) as the damage was not covered under warranty - possible crush damage.

I called you and told you to either get me another refurb phone within 4 hours or i would wait for a new one (phone three)

You agreed to send a brand new phone within 3 days

I phoned on day 4 and was told phone (three) had been sent out yesterday. I then phoned back as it had not arrived, and was told you were now out of stock and that i could not have the phone (three) promised.

I was then told that i could have a 6630 (lower spec and refurb) when i had originally been promised a brand new 6680. I told your Manager that you could take the account and shove it because if i wanted a second hand 6630 i would have gone out and got one. You are now in breach of contract and i am absolutely disgusted with your company

full details: http://forums.moneysavingexpert.com/showthread.html?t=247030
Willow: I knew it, I knew it, well not in the sense of having the slightest idea, but I knew there was something I didn't know!

Comments

  • Epiphone
    Epiphone Posts: 223 Forumite
    To be honest your post(s) are a bit confusing. You had a phone, it broke, they sent a replacement which was damaged in transit so you had them close the account which they did? And now you want another phone for free? Why do you feel you're entitled.

    If they've terminated the contract you're free to go elsewhere so you're better off cutting your losses.

    But, for future reference, whwn they say "As previously advised, after the initial twenty eight day retailer's warranty, the manufacturer is responsible for the repair of faulty handsets." they are wrong.
  • Astaroth
    Astaroth Posts: 5,444 Forumite
    The risk with taking a big company to court is that they tend to have very good lawyers who can push the case out of the small track (aka small claims) into fast track and there this means the "loser" becomes liable for the other sides barister costs.

    The benefit of dealing with a big company is the fact that 1/2 the time it simply isnt worth their effort defending a case and so people win by default.

    I havent had the inclination to actually read all of the linked post as it is rather long. What are your heads of claim (eg loss of earnings?, inconvenience? postage? loss of service?)? What evidence have you got to support your financial losses?
    All posts made are simply my own opinions and are neither professional advice nor the opinions of my employers
    No Advertising or Links in Signatures by Site Rules - MSE Forum Team 2
  • Epiphone wrote:
    To be honest your post(s) are a bit confusing. You had a phone, it broke, they sent a replacement which was damaged in transit so you had them close the account which they did? And now you want another phone for free? Why do you feel you're entitled.

    If they've terminated the contract you're free to go elsewhere so you're better off cutting your losses.

    But, for future reference, whwn they say "As previously advised, after the initial twenty eight day retailer's warranty, the manufacturer is responsible for the repair of faulty handsets." they are wrong.

    hi there
    what happened was
    my phone broke
    i sent for repair
    they could not repair it
    they sent me another one
    it was broken
    i sent it back, they said that it would cost £55 to repair...
    i refused to pay as i didnt break it
    then they offered me another handset which did not arrive
    then they offered me a NEW handset (as comp for problems) - did not arrive
    then they offered me a REFURB LOWER SPEC....as out of stock on the one i wanted (replacement for my one)(this was after saying they had sent out the other ones)

    hence me very stressed....
    Willow: I knew it, I knew it, well not in the sense of having the slightest idea, but I knew there was something I didn't know!
  • Astaroth wrote:
    I havent had the inclination to actually read all of the linked post as it is rather long. What are your heads of claim (eg loss of earnings?, inconvenience? postage? loss of service?)? What evidence have you got to support your financial losses?


    the claim is for the length of contract already paid (at £35 odd a month for line rental) and at the end of the contract me not having a working handset.
    Willow: I knew it, I knew it, well not in the sense of having the slightest idea, but I knew there was something I didn't know!
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