3 - charging for text delivery receipts

JudasPriest

Snakeeyes21 wrote: »

I can see us having to do it the hard way, PAC, cancel then small claims :mad:

I can't see them letting mine get that far. I have 20-odd months left on contract - they've broken it, and have to either let me leave it before the 5th, or I have to chase it and go through the courts.

To get functionality equivalent to the "One Plan" would be costly, and require using more than one competitors services. The cost above and beyond the contracted charges from Three would be significant, and - from what I've been told - would be a valid claim against Three.

They'll either relieve me from my contract and switch me to a monthly rolling contract, which was my offer to them - or they'll do nothing and end up with a large bill(well, insignificant to them but large for one person) and set a precedent for everyone else. Price up the costs of unlimited mobile internet, 2000 x-net minutes and 5000 texts - anything over £25 per month would be out of pocket expenses because they've changed the supplied services, which I can't see them going for...

EIGHTOF8

Having read all the posts - There's 1 thing that stands out for me - In the beginning all texts were free - And then the mobile companies realised they could make money from it. They are doing the same here with delivery reports. We have all got used it being free and they are trying to money from a service that we don't really need. My delivery reports are NOW turned off, and until they are free again, I have no use for them.

filo-beto

I got the response I expected:

Hi Mr X

I’m sorry you had to write to us about the 1p charge for receiving delivery
reports on your phone. I understand you’re upset about this charge as you
were getting it for free.

We send 30 million text delivery reports to our customers every week. We
provided the delivery reports as a free service until this time. However, it
takes up certain capacity on our messaging server and network. We’ve
introduced this charge, so that we can free our messaging server to get
better network performance.

We’ve done this after doing all the necessary research. Most of the text
messages sent by our customers’ are being delivered successfully. If the
text message isn’t sent successfully due to any reason, it shows up on their
phone as ‘Message sending failed’. This will notify our customer’s and they
can resend the message. We haven’t made any changes to your contract as
delivery reports aren’t core services but an additional service provided to
our customers’.

Just so you know, O2 blocks delivery reports on their network and Orange
charges customers 1p for every delivery report. To avoid this charge, you
have an option to stop receiving delivery reports on your phone. Here are
the steps to do it for your Nokia 5800:

• Go to Menu
• Go to Messaging
• Click on Options
• Go to Settings
• Text Message
• Receive Report
• No

I understand you aren’t happy about this charge so you want to cancel your
account by taking a port authorisation code. Your 24 month contract ends on
X. If you close your account now you need to pay the line
rental for the remaining term on your contract. To close your account
without any charges you can contact us on or before X. If you still
want to cancel now please let us know as we’ll need 30 days’ notice to close
your account.

I hope I’ve managed to explain everything clearly so that you don’t feel the
need to leave us. If there is anything else we can help you with, give us a
call free on 333 from your Three mobile or on 0843 373 3333 from any other
phone (5.1p/min from a BT landline, other networks may vary) between 8am to
10pm.


Kind regards

As such, I've hit back with...(thanks to contributers!)

Hello, and thank you for your response.

May I just question your statement:

"We haven’t made any changes to your contract as delivery reports aren’t
core services but an additional service provided to our customers’"

But your terms and conditions state:

"Glossary - Specific words and phrases that need further explanation."


"Additional Services: additional or supplemental services for which a charge
is made in addition to the fixed periodic charges for your Package or
Add-on(s) (if applicable)."

Resultantly it comes down to:
1. "Additional Services" are clearly defined as a service above and beyond
that sold to you as your package or talk-plan, and are purchased in addition
to the above.

2. Whilst not specifically defined anywhere by Three, "Core Services"(your
terms) must therefore be assumed to be anything that came as a part of your
package at the time of agreeing the contract.

SMS delivery reports don't show up on my past bills at a zero-charged rate -
and therefore can't be an additional service under your criteria. I have
never been billed for them, they have never been itemised. At no point in my
contract signing, or in any billing since then, has it been shown that I
have taken up with you "Additional Services". It cannot be an "Additional
Service" based upon your T and C definition above.

As such, I still feel that this is a variation to my original contract, and
of detriment to me, and repeat my original request to cancel my contract
and have my PAC supplied.

Many thanks in advance

Let's see what happens now...

bantoi

filo-beto wrote: »

I got the response I expected:
... (cutting for brevity)

Hey filo-beto,

when did you write to them? How long did it take for them to reply back? Was the reply via email or post?

Thank you

filo-beto

I sent it via e-mail to their complaints dept, took about 5 days to get back to me...

Rusty!

filo-beto wrote: »

Just so you know, O2 blocks delivery reports on their network

A complete fabrication.

jayme1

well I'm on 3 PAYG so I'll just turn delivery reports off and live with it.

but to be honnest I have pretty much completely switched to using email over SMS now, it works out much cheaper than SMS, as most of the time I am in range of a wifi point, and if not I can send a 20,000 word email for less than an 11p 160 character SMS

bantoi

Just spoke on the phone with the "Contract termination department".

I was told:

O2 blocks delivery reports on their network and Orange
charges customers 1p for every delivery report.

This sounds much like a letter to filo-beto, above.

I then asked if this is a script that he's reading and he told me that this is the information given to him. That this charge is not something that they are choosing to charge, but it is Ofcom which is forcing them to charge. He also stated that they are the last carrier to go ahead with this charge.

I then asked about Vodafone, if they also charge for the delivery reports. He said that he only has the information about O2 & Orange.

I did ask about the PAC and how long would it take for them to issue it to me. It would only take them 24 hours.

Thanks

JudasPriest

It really doesn't matter whether competitors do or do not charge for their equivalent service - you didn't enter into a contractual agreement with them. We entered it with Three, and are bound by their terms.

For what it's worth, Orange charge a penny for each delivery report as far as I know. Also, to the best of my knowledge, o2 don't block them - nor do they charge for them. T-Mobile, Vodafone, Asda, Tesco, Giffgaff, Virgin - none of those charge for the reports.

Not that it makes any difference to whether Three have changed the deal being delivered to customers.

I think anyone having no joy by the end of the week and wishing to depart from their contract will have to do things in writing. Send a letter to both Three Customer Services, and the Executive Office, stating that you don't agree to the changed terms, and cannot continue to use their services after the 5th June 2011 unless they remove you from your contractual obligations, and placed onto the equivalent month-by-month contract. By accepting that solution, you'd still be charged for delivery reports but relieved from the tie-in of your original term. If they don't accept this as a workable solution, you need to request a letter confirming deadlock between both parties, to be passed on to the regulator. And your PAC too.

Customer Services use a PO Box, so I don't think you can send mail using recorded services(?). But the Executive Office is a regular address, so be sure to pay the little extra for proof that it has been delivered.

JudasPriest

Website for OTELO(they've recently rebranded):-

http://www.ombudsman-services.org/make-a-complaint-communications.html

OFCOM:-

http://consumers.ofcom.org.uk/tell-us/telecoms/

A sample letter of deadlock:-

http://www.which.co.uk/consumer-rights/making-a-complaint/how-to-complain-to-an-ombudsman/sample-letter/