3 - charging for text delivery receipts

Makeandsave

Snakeeyes21 wrote: »

Well as expected this is going so slow... But i can see the
light at the end of the tunnel now, so thought I would update
this, seeminds its all but died a death on here.

Further letters from the ombudsman, my complaint is within
their scope of investigating it... They agree that its a change of
my terms and conditions... Guess its now a waiting game to allow
the cogs of the corporate beast to get oiled and start turning.

I have a feeling that once 3 are contacted by them they will
back down.

Over and out, watch this space for next months episode... where
all you good people could have a rock solid way to get out of your
contracts...

Thanks for posting the update

sijarvis

I had another call with the Ombudsman today and I was told the complaint is with the main Ombudsman and they are still deciding whether they can take it on. I said I had heard differently on the internet, but the guy said (understandably) he can only tell me what he's got on the system. They said they will be in touch as soon as there is an update, but I'll try again in two weeks or so. No news is good news? Not sure that's true in this case, but I'll keep chasing it.

Makeandsave

Any updates

sijarvis

I apologise for the delay in progressing your complaint about Three’s charges for SMS delivery
reports. Three’s view was that the complaints fell outside our Terms of Reference on the basis
that the charges were not a core charge for the service, but an additional charge. Its view was
that this being the case, the charge did not fall to be considered under the provisions in Three’s
terms and conditions permitting you to terminate your contract.
The Ombudsman has been involved in discussions with Three, and his view is that the complaint
does fall within our Terms of Reference. I should stress that this does not mean that we will
conclude that Three should be required to allow you to terminate your contract without penalty, if
that is what you have asked for. In resolving disputes we must do so in a fair, reasonable and
proportionate way, taking into account the interests of both parties.
In order to proceed with our investigation we do need some further information from you, about
your mobile phone package and contract, and your SMS delivery report usage, to enable us to
assess the impact of the introduction of the charge. You may already have provided some of this
information (but not all of it), and if so I apologise for asking you to provide information which we
already have. Specifically, we need the following details for each handset you have:
• Make and model of the handset
• Minimum contract period start date
• Minimum contract period duration and end date
• Monthly rental (£) for base package
• Historic text use (approx) prior to introduction of charge
• For the historic texts, percentage where SMS delivery report requested
• Current text use (approx)
• For the current texts, percentage where SMS delivery report requested
We are also asking Three to provide information about your current use of SMS delivery reports
and historic text usage.
If you have stopped using the SMS delivery report facility since the introduction of the charge,
please explain why. We are not inviting you to submit other information, but if you do have other
information you wish to submit for our consideration, you have the opportunity to do so.
With this letter you will also have received a completed complaint form. Please read this form
carefully. If you agree with it, the account holder must sign and date the declaration at the end of
the form (Please use black ink only).
Once we receive your signed complaint form together with any available evidence we will begin
our processes. The quickest way to return your form and documents to us is to scan it and email
it to [EMAIL="complaintform@ombudsman-services.org"]complaintform@ombudsman-services.org[/EMAIL]. You can also fax or post it back to us.
You can allow someone else to deal with your complaint for you. However, to do this you will
need to authorise them as the third party contact. Please call us and we will update our records
with the third party’s details.
We want to resolve your complaint as quickly as possible. As soon as we have received your
signed complaint form and supporting documentation we will decide the best way to do this.
Most complaints are resolved within eight weeks following receipt of the fully completed
complaint form. Where this is not possible we will regularly provide you with a progress update.

I've sent back my reply so shall see what happens next.

bazmobile

Finally!!! The ombudsman speaks. I got this letter today from the "Ombudsman Services: Communications" office.

"Three's view was that the complaints fell outside our Terms of Reference on the basis that the charges were not a core charge for the service, but an additional charge. Its view was that this being the case, the charge did not fall to be considered under the provisions in Three's terms and conditions permitting you to terminate your contract."

The good part: -

"The Ombudsman has been invloved in discussion with Three, and his view is that the complaint does fall within our Terms of Reference. I should stress that this does not mean that we will conclude that Three should be required to allow you yo terminate your contract without penalty, if that is what you have asked for. In resolving disputes we must do so in a fair, reasonable and proportionate way, taking into account the interests of both parties."

They then go on to ask for contract details, billing cost (before and after the introduction of this charge) and the base rental.

So its not a win as yet, but at least the Ombudsman agree that Three is wrong. Watch this space.

bazmobile

Oops, didn't realize that @sijarvis had already informed the community...

credit-card-tart

Thanks sijarvis & bazmobile for the updates.

flatcapjez

Hi,

I am trying to make sense of all the above posts but could someone clarify:

How much of a complaint must I have made personally (if any) to Three already for, if the ombudsman decides in "our" favour, me to be able to terminate my contract? At the start of all this I phoned Three to register my disapproval and said I wanted to cancel my contract (because of the additional 1p charge)... but was fed exactly the same lines as everyone lists above... the standard response.

What I mean is, will everybody be entitled to the same or will individuals have to have registered a complaint with Three initially to be entitled to cancel the contract (ombudsman's report permitting).

If contact has to HAVE been made, do I need proof? Currently I have only spoken to them on the 'phone (which presumably they have records of, at least on the purpose of my call to them) but do I need paper evidence, or an email from them?

Originally I was going to pursue this myself but, back a few months ago, there were posts from users so obviously knowing far more than me about these matters that my opinion was to let them get on with it and (basically) reap the benefits of their hard work and knowledge... THIS HAVING BEEN SAID, MY SINCERE THANKS TO ALL OF YOU FOR YOUR KNOWLEDGE AND WORK IN THESE MATTERS!!!

...and that having been said, if any of you want to know about low-wattage lighting or the priciples of the Wankel engine, please ask.

Everyone has their uses!

Noritsuman

Bricks wrote: »

Is this true?

I think you only get the "message sending failed" notification if it fails to be delivered after quite a long time (24hrs? More?)

I'm another 3 customer annoyed about this change. The delivery reports are very useful for knowing whether a message has been delivered. For example, if I send a message expecting a prompt reply and it doesn't show up as delivered I know that the person is probably on the tube (say) and that the message may no longer be relevant when they get it.

Will be following this thread with interest.

No it's not true. I sent an SMS to my old number that I know is not in use and I got nothing back to say "message sending failed" The only way to know for sure is to use the delivery report, that is why we all want to use delivery reports.

I've had the delivery reports switched off since they started charging for them even after 4 months it still annoys me. I can't wait to leave 3. Thankfully only 2.5 months left on my contract now!

Why does it take so long for the ombudsman to make a decision?
By the time they make a decision out contracts will be finished what a waste of time!

I'm looking forward to the conversation with 3 on 2nd Jan 2012!

Makeandsave

Thanks for the updates sent a email to 3.