3 - charging for text delivery receipts

Makeandsave

I got a text today about the charges NOT HAPPY! I've not had 30 days notice and i use this service, I pay £20.49 a month and this will add another £5 a month to my bill will be ringing 3 now. I would like to stay on the plan but not happy about paying for the delivery.

JimB27

I am one of the sad, pathetic, paranoid people that use Delivery Reports. I find it very useful as it gives me an indication of whether the recipients phone is turned on, e.g. my daughter (never know where she is) or my brother in-law (all over the country and usually in an area where the signal is poor); so I would miss using them.

I didn't realise that iPhones don't have this feature, so I won't be getting one them when my contract is up for renewal! :-p

I signed up for the MTR thinking 3 were trying to promote fairer use of the networks, and then they go pull this, with the excuse that it helps pay towards the costs! I’ve been a 3 customer for 6 years, but I think they are really taking the mick with this; claiming that Delivery reports are an Additional Service!

I have a £25 month contract so out of 4000 text messages that I get under my contract I use on average 232, so I’ll pay an extra £2.32 a month for Delivery reports even though I still have 3768 texts left which they could take this off, just like they do with my minutes when I call Voice Mail! However this would definitely be a change to the T&C’s of my contract!

Also, how is this going to affect my daughters month by month SIM only contract which is capped? Bet they still put the charge on!

Makeandsave

OK i have a update, After 2 phone calls (cut me off on first one) They say the deliery reports are "Non Call service" and it does not apply to my contract. They wont do anything and this was from a manager. I asked him if he had loads of calls about it and he said yes. I wonder if this means i am stuck with 3 with one less service i got for free that i have to pay for now.

To add, He also said that they dont need to give 30 days notice for this because its a "non call service"

JudasPriest

They're have used the term "core service", rather than "call service". Phone them back and ask them to point you to where in the terms and conditions is defines what is, and is not, a "core service".

They can't, because it's not mentioned in there.

Line of thought from that point would be that any service not paid for on top of your monthly charge cannot be an "Additional Service", and any changes to your detriment are grounds for terminating the contract. Firstly, they've not given enough notice(at least a month), and secondly - it's a change not related to an "Additional Service" or "Add-on", so it's still grounds for leaving the contract without penalty, as stated in their terms and conditions in sections 4 and 10(I think - not looked over them again today).

Makeandsave

JudasPriest wrote: »

They're have used the term "core service", rather than "call service". Phone them back and ask them to point you to where in the terms and conditions is defines what is, and is not, a "core service".

They can't, because it's not mentioned in there.

Line of thought from that point would be that any service not paid for on top of your monthly charge cannot be an "Additional Service", and any changes to your detriment are grounds for terminating the contract. Firstly, they've not given enough notice(at least a month), and secondly - it's a change not related to an "Additional Service" or "Add-on", so it's still grounds for leaving the contract without penalty, as stated in their terms and conditions in sections 4 and 10(I think - not looked over them again today).

I think they are trying to confuss there members (being very dishonest)

bantoi

Hello,

I've also written a letter (snail mail) and posted it to 3's Customer Services.

I want to switch from them as I don't think that they are being very honest.

Also, if you look at the PAYG rates, the price of texts is now 11p.

I'll update this thread with my progress.

Thanks

Snakeeyes21

completely bypass the cs monkeys, they have a script to work to.

email the executive office at executive.office@three.co.uk if they come back to you saying its a no go,
just reply asking for a deadlock letter to be issued so you can pass your complaint on to the regulator,
also ask for your PAC to be issued so you can terminate your contract BEFORE these charges come in to
force, using your contract after the 6th means you have accepted the new terms, also ask for the details
of their legal department / registered office address so you can issue a claim in the small claims court..

Their terms and conditions are very black and white they have no room to get out of this one.

Theres no way they will defend it if it got that far, which wont happen.

Makeandsave

Snakeeyes21 wrote: »

completely bypass the cs monkeys, they have a script to work to.

email the executive office at [EMAIL="executive.office@three.co.uk"]executive.office@three.co.uk[/EMAIL] if they come back to you saying its a no go,
just reply asking for a deadlock letter to be issued so you can pass your complaint on to the regulator,
also ask for your PAC to be issued so you can terminate your contract BEFORE these charges come in to
force, using your contract after the 6th means you have accepted the new terms, also ask for the details
of their legal department / registered office address so you can issue a claim in the small claims court..

Their terms and conditions are very black and white they have no room to get out of this one.

Theres no way they will defend it if it got that far, which wont happen.

It seems some members know more then others about this, I would not know where to start in sending a email to them, Perhaps some members could help get a template letter for members here to send? It would be a great help for many members here.

sijarvis

Here is the letter that I sent in the post as a template. I've not heard back yet so cannot say whether it is any good. Feel free to use it in whole or in part, replace all the bits with <> with your own details. I've emailed as well but with no real luck. The only address which responded was [EMAIL="executive.office&#64;three.co.uk"]executive.office@three.co.uk[/EMAIL] who said they have passed my email on.

<Your Address>

<Date>

3 Customer Services
Hutchison 3G UK Ltd
PO Box 333
Glasgow
G2 9AG

Dear Sir/Madam

Re: Account Number <number>

I am writing to you in response to a text message I received from Three on Monday 16th May 2011. This message states:

Text delivery reports will cost 1p per report from 06th June 2011.

This is a clear contravention of section 4.1 (b) of the terms and conditions of our agreement. In this section Three commit to informing me of any variations to my package likely to be detrimental to me at least one month in advance. This variation is clearly of detriment to me as Three are now charging me for something which was previously free.

In addition this section continues to explain that I am entitled to end the agreement as a result of such variations. Under section 10.1 (d) if the agreement is terminated for this reason a cancellation fee will not be charged.

As a combination of section 10.1 (d) and the breach of section 4.1 (b) on Three's behalf, I am eligible to end our agreement with no cancellation fee. I do not wish to cancel the agreement and would prefer to continue using the service without additional charges for delivery reports for SMS messages, however if this is not an option, I will be forced to.

In order to resolve this matter to my satisfaction, I request that you either:
1. Send me a written response before 5th June 2011 either by post or by email (to <email address>) confirming that I can continue under the existing terms of the agreement, with no charge for SMS delivery reports.
Or, if this is not possible then I request that you:
2. Cancel my contract from 5th June free of charge and issue me with the necessary information to transfer to another providers.

I allow you until the 5th June 2011 (17 days) to resolve my complaint in one of the above two manners. Failure to do so will result in me referring this matter to the Ombudsman for adjudication.

Yours faithfully,


<Name>

stevehwuk

Hi All,

Just spent the last 20 minutes with three who inform me that the lack of notice and detriment doesnt apply as it was a free service which is now chargeable. I asked where that was covered in the terms and was told it wasnt. However, the agent also said she didnt have a copy of the terms so no idea where the answers were coming from.

I've completed the online complaint form, but it states that the service level is 14 days which takes you past the acceptance of the new terms - handy that ;-)

If anyone has any luck , please let us know the secret!

Cheers

Steve