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3 - charging for text delivery receipts

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  • JudasPriest
    JudasPriest Posts: 35 Forumite
    I'm struggling for time, but a suitable reply to the ombudsman would be that you're not complaining about Three changing their terms and conditions, rather that Three have changed the services supplied to you to your detriment, and are refusing to allow you to exercise the right granted to you under their terms and conditions to leave without penalty.

    That's not a commercial decision - introducing the charging was. Refusing to let the customer leave when the change is to their detriment and their supplied terms and conditions allow us to end for this reason is breaking the terms and conditions and infringing on our consumer rights, and the ombudsman should be getting involved.
  • Snakeeyes21
    Snakeeyes21 Posts: 2,527 Forumite
    Just got this email today, this is in response to my second email to them, saying I have a deadlock letter and all that stuff.

    Would be interesting to find out what the people who have had replies saying its a commercial decision wrote in their emails.

    The one I sent is a few posts up,



    Dear Mr xxxx

    Thank you for your recent correspondence which we received on 17 June 2011.

    Currently any complaints concerning Three’s introduction of 1p delivery reports are on hold
    pending advice from Ofcom, the regulator.

    Please kindly contact our offices in a month’s time, when hopefully will be better placed to
    manage your expectations of our abilities at that point.

    In the meantime, your patience in this matter is appreciated.

    Yours sincerely



    Maybe, depending on how youve worded your emails you get a different response :rotfl: I wouldnt expect a government department to be consistent ;)
  • miniyazz
    miniyazz Posts: 15 Forumite
    I'm struggling for time, but a suitable reply to the ombudsman would be that you're not complaining about Three changing their terms and conditions, rather that Three have changed the services supplied to you to your detriment, and are refusing to allow you to exercise the right granted to you under their terms and conditions to leave without penalty.

    That's not a commercial decision - introducing the charging was. Refusing to let the customer leave when the change is to their detriment and their supplied terms and conditions allow us to end for this reason is breaking the terms and conditions and infringing on our consumer rights, and the ombudsman should be getting involved.

    Agreed, this is essentially what I replied with (a few posts up)
  • miniyazz
    miniyazz Posts: 15 Forumite
    miniyazz wrote: »
    A little update. I submitted a complaint to the Ombudsman on 6 June, and heard back a couple of days ago - they said that it is a commercial decision by Three and therefore not something they can get involved in. I've since replied clarifying my complaint slightly and have yet to hear back, but I think you have to be complaining about e.g. a failure of Three to act on your request for Section 10.1(d) termination rather than Three introducing a charge for SMS reports. I think the charge introduction is only indirectly related to the complaint.

    I received another email on Saturday reaffirming their statement that it's a commercial decision and that they would be unable to help. Since credit-card-tart helpfully posted his response from the Ombudsman Service in post #247, I phoned them up and questioned them directly about why some people had been told that the Ombudsman Services was waiting on Ofcom, and yet I had been told that they couldn't handle the complaint. The lady fobbed me off slightly by saying they had only received that information on Friday (incidentally before I received my email) and I didn't bother pursuing that some people had been told that weeks before.

    Anyway I've sent another email back saying I don't accept that they cannot handle my complaint because it is my understanding that the Services are waiting for advice from the Ombudsman, and could they please contact me when the Ombudsman has made his decision.

    However I have little faith that they'll do so, so I hope to hear from anyone who hears back from them once the Ombudsman decides what to do!
  • Since my post I haven't heard anyting else. For reference my letter was from Mark Stevens (Enquiry Officer) dated 23 June.
  • miniyazz
    miniyazz Posts: 15 Forumite
    Cheers. Mine from Carole Rutter, 21/06, and Amanda Jolley, 09/07.
  • Have found this thread very helpful, its nice to know i am not the only one who feels their getting shafted.

    My complaint is with OTELO for what good it will do.

    Has anyone noticed how calls to 3 customer services don't appear on your bill so you cant prove you called them.

    I also only just noticed that 3 put the price of an itemized bill up without telling me, i suppose thats a commercial decision as well.

    Am quite temped to cancel my direct debit after the 30 days notice i gave, drop my handset in at my local 3 store and let them take me to court.
  • gjchester
    gjchester Posts: 5,741 Forumite
    glassyeye wrote: »
    Am quite temped to cancel my direct debit after the 30 days notice i gave, drop my handset in at my local 3 store and let them take me to court.

    Leaving aside the delivery charges this is a dumb idea.

    Your contract will continue, arrears will mount, you'll get not paid marks on your credit file and it could go to court or be sold on to debt collectors.

    Marks on your credit file last 6 years, if your not planning on buying any service on credit (even another phone contract) go for it but you really should think long and hard before taking this route.
  • hey i know, my credit score is to important, thats whats so annoying, they got you by the short and curlys.

    will just maintain my stance and sit it out.
  • bazmobile
    bazmobile Posts: 7 Forumite
    I submitted my case since 6th June to Ofcom/Otelo and sent 3 follow-up emails since then. Today I decided to call them on 01925 430049, spoke with a Mike Fairley, who advised that my case was still under review - details have been sent to Three and they are awaiting Three's response. I am hoping I don't get that "Commercial reasons" response. Watch this space...
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