3 - charging for text delivery receipts

im-lost

Noritsuman wrote: »

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!

Aye but in my case I've requested a backdated refund of line rental
on the basis that if three had stuck to their contract I wouldn't have
had to pay it, the ombudsman had included this part of my complaint in the resolution that I would be happy with, along with cancelling my contract etc etc

I guess this is just a waiting game now, I haven't had the letter as above but have had further contact from them. saying that they should take 5 - 8 weeks to come out with a formal report on this, that was a couple of weeks ago, so around the date those letters above were received.

Makeandsave

I am still waiting to hear back from 3 anyone had luck?

im-lost

Makeandsave wrote: »

I am still waiting to hear back from 3 anyone had luck?

The ombudsman is waiting to receive case files from 3.. they seem to be dragging their feet.

Once they receive these they will begin to go through the cases and will take 6 to 8 weeks to come to a decision

im-lost

Well I have had a resolution from the ombudsman, its ot as expected, they do not agree that I should be able to cancel my
contract which is a bit of a cop out, as it is clearly a change of terms that allow you to cancel without penalty.

The ombudsman says that I should be compensated by a credit of £120 which will be effectively £10 off my bill for the remaining 12 months of my contract.

Im in 2 minds whether to accept this offer or to push forward for a full cancellation without penalty. As the ombudsman can clearly see its a change of terms, and this should allow me to cancel without penalty.

Below is the letter from the ombudsman, that that was recieved around 20 minutes ago.

The offer of a £5 discount is an out and out lie on threes part, I had no communication whatsoever from them during this matter, bar an
initial email, a phone call and a letter outlining their final position. Oh and my plan included 5000 text messags not the 1000 as stated.




Mr T W****
*******
*******
Cornwall
TR** 5**

Case ref: 71****

3 November 2011

Dear Mr xxxxxxx

YOUR COMPLAINT ABOUT THREE

This letter sets out my decision and if any action should be taken by Three to resolve your
complaint. I explain my reasons below.

I have considered the information provided by both parties. This includes your complaint form
and copies of your correspondence and a copy of Three’s terms and conditions. Three has
provided a case-file, which includes its summary of the complaint and its contact notes.

The main issue in your complaint is that Three introduced a charge for SMS reports, which has
had a detrimental effect to the amount of your bills. You have also made specific comments
regarding the general level of customer service you have experienced throughout this matter,
including Three failing to advise you of this change.

In May 2011, you became aware that Three intended to introduce a 1p charge for receiving SMS
reports. It is disappointing that Three did not advise you of this but you found out via an online
forum. I consider this to be a shortfall in customer service. When a shortfall in customer service
occurs, it is appropriate for the company to recognise this with an apology, and on some
occasions with a financial gesture of goodwill. I will bear this shortfall in customer service in
mind.

You state that Three’s introduction of this charge has increased you bills and therefore has had
a detrimental effect to you. I have requested billing information from Three to demonstrate the
extra costs to you. It shows that your monthly rental is currently £28 per month and your
minimum term was due to expire on 8 October 2012. Three introduced the charge in June and it
has affected you as follows:

June: £0.33
July: £2.25
August: £4.19
September: £7.87
October: £6.68

I therefore agree with your evalutation that the introduction of this charge has caused your bills
to increase, on average, between £4-£6.

I note that Three has offered to reduce your rental by £5 per month, which you have declined. I
am mindful that this offer would not account for the charges that had already been raised. Nor
does it acknowledge Three’s shortfall in customer service.


I note that your tariff allows 1000 messages a month and if you were to use all these messages,
with an SMS report, the xtra charges to you would be £10. However, it is clear that your
average is closer to half your tariff allowance.

I am mindful that you had agreed to be with Three until 8 October 2012, but I also appreciate
that Three’s introduction of charges has had a detrimental affect to you. I consider it reasonable
for Three to provide a goodwill gesture to recognise the extra cost to you from 6 June 2011 to 8
October 2012. The goodwill gesture should also reflect Three’s shortfall in customer service.
This is 17 months in all, and your average spend is £6 at most. With this in mind I consider a
goodwill gesture of £120 to be reasonable. I am of the opinion that this action would return you
to the position you would have been had Three not introduced this charge.

Following my investigation of your complaint, my decision is that Three should:
• provide a written apology for failing to advise you of the change; and
• provide a credit of £120 as a gesture of goodwill.


What to do next

If you accept my decision in full and final settlement of your dispute, please complete and return
the enclosed acceptance form and return it to me as quickly as possible. This must be no later
than 28 days from the date of this letter.

If you or Three do not accept my decision, then either party can write to me but must be able to:

· show that there is a significant error in the facts which makes a material difference; or

· produce significant new evidence which may make a material difference, along with an
explanation of why that information was not previously made available.

Please quote the reference at the top of this letter in any future correspondence.

Yours sincerely,


Be**** We*****
Investigation Officer

credit-card-tart

Still waiting for my resolution from the ombudsman.

im-lost

So is anybody any further forward with this? it would be nice to get some updates to see
if the ombudsman is coming to the same conclusion with everybody's complaints, or whether
the result is different depending on who is dealing with your cases and how much of a effect
the change had on your bills.

Well I put im my objection to the initial resolution, whilst not declining it, ive just asked the
person dealing with my case to have another look as they can see its a detrimental change
and that should allow me to fully cancel, sent that email 9 days ago, and had no reply yet...

diamonds

Sue the Three, ombusman & Ofcom in small claims court under Unfair Contracts Regulations stating NONE of the parties are applying such, nor your consumer rights & Ofcom enforced Ombusman are not acting impartcial nor independent to Three as Three pay them for "independent resolution" and thus they have no legal merit to deal with your complaint & set a legal milestone -1 stone 3 birds Three, Ombusman & Ofcom, & voila !........welcome to a new consumer enforced REGULATED UK telecoms complaints process - because that when we will get a REAL independent complaints process back, ONLY when a court says Ofcom is breaching its governing legislation and not providing INDEPENDENT or REGULATOR assisted complaints processes.


It takes one person people, just one.

credit-card-tart

Result

Following my investigation of this complaint, my recommedation is that Three should:
• allow you to cancel your contract without penalty
• provide a written apology for any shortfalls in customer service; and
• provide a payment of £10 as a gesture of goodwill in recongnition of the shortfalls in customer service.

My 12 month contract is only £10 per month and I use on average 150 texts per month, so this is why I only get £10 payment. Also my contract expires in January, so I can leave 2 months early. This means 3 loses a customer and £30.

Lets hope you guys with more expensive contracts and higher texters get treated the same.

Bricks

well done!

kingofherts

So a network provider has been ordered to cancel a customers contract due to changing the price of a service which was not contracted as part of the core allowances when the contract was signed

I've been watching this thread with interest since it started as it could open up a whole can of worms for not just the mobile industry but for every single person who is on a mobile contract.

If a price change for text delivery reciepts are grounds to cancel then it could apply to the following as well

National out of bundle charges
International calls/texts
Picture Messaging
Non Geographical Numbers
Personal Numbering services
Charges for paper/itemised bills
Admin fees for non-direct debit payment
etc

So once a contract is signed then until the contract minimum term is over the mobile provider could not change the price of anything without running the risk of that contract being terminated.

I can only see this going one way if a ruling such as this is passed, the abolition of contracts with a term of more than 1 month which in effect would make us all PAYG customers which in turn would abolish phone subsidy. So everyone pays full price for their handsets. Its the only way that networks can protect revenues whilst having to make occasional neccesary price changes.

I applaud people for standing up for their rights and trying to get a fair deal, but there is a saying, be careful what you wish for, you might just get it!