3 - charging for text delivery receipts

nnnvvv

This is the reply I received from the Three Executive Office.

Hello Mr ********


Thank you for your email.

The decision to charge our customers 1p for delivery reports has been taken in an effort to maximise the efficiency of our network.

This price change actually relates to non-core services. Delivery reports are an additional service and with this in mind, you won't be able to cancel your contract without penalty if we opt to vary these services. If you do still want to cancel your contract mid term, then you will be asked to pay the applicable cancellation fee via our customer service team.

You are of course free to contact Ombudsman Services: Communications if you’re unhappy with what we've told you today. Their telephone numbers are 0330 110 1614 or 01925 430049.

If you'd like to speak with me about this, you can call me at the Executive Office on 08433 733330 (5p/min from a BT landline, other networks may vary). We're open Monday to Friday, 9am until 6.30pm.


Thank you again.



Grace McPherson
Three Executive Office

Where do I go from here?

nnnvvv

And here is the reply I'm planning on sending:

Dear Ms. McPherson,

Thank you for the response to my email.

I would like to question your statement:

"This price change actually relates to non-core services. Delivery reports are an additional service and with this in mind, you won't be able to cancel your contract without penalty if we opt to vary these services."

Firstly, as I mentioned in my email, your terms and conditions (attached for your convenience) clearly state that:

"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)."

Secondly, nowhere in the terms and conditions are core services or non-core services mentioned or defined. The only conclusion I can draw is that non-core services are actually Additional Services and Add-ons. This means that core-services are everything else covered by the fixed periodic charges for my package.

None of the bills I have received over the duration of the contract so far have made any mention of SMS Delivery Reports, there have been no fees charged for this service and there have been no zero-rated charges for the service.

Therefore, by your own definition this means that SMS Delivery Reports are not an Additional Service but are in fact a core-service (your definition).

This a change which is detrimental to my contract and not related to Additional Services or Add-Ons, so I am entitled to cancel my contract without charge.

However, as previously stated, I have been a happy customer of Three for a number of years now and would much rather continue with my current contract. If you are able to revert this detrimental change to my contract then I will be happy to see out my contract with Three.

If, after receiving this email, you are still unable to resolve the issue then we will have reached a deadlock situation. This will leave me with no alternative but to escalate my complaint to Ombudsman Services: Communications. In this case I require you to issue me with a letter of deadlock to forward on to the ombudsman.

You therefore have 3 options.

a) You can revert the plan to charge me for SMS delivery reports.
b) You can cancel my contract for me without charge.
c) You issue me with a letter of deadlock so that I can escalate the issue.

I look forward to hearing from you within the next 5 days.

Regards,

....

Any comments/suggestions?

JudasPriest

Letter seems fair to me.

Personally, I'd avoid getting into a tit-for-tat argument about what core services are. For the purposes of our argument, all that is needed is whether delivery reports fall under their definition of "Additional Services", per section 4.1(ii) and the second (ii) further down, if they don't then it's grounds for ending under section 10.1(d).

"Additional Services", in the capitalised term, are clearly defined. Changes outside of this clearly-defined item that are detrimental to the customer are grounds for cancellation. It's that simple. They can call them core, non-core, additional, supplemental, non-standard - whatever they like. It makes no odds - it's not an "Additional Service", and therefore grounds for cancellation as changes have been announced.

http://twitter.com/#!/akbalrandhawa

He was given his PAC today after taking this up, which would indicate Three are beginning to listen.

Be sure to highlight section 4.1(c) in your communication, as this is a short timeframe we've been given due to their lack of notice. You need the matter resolved no later than 5th June, else you can no longer continue to use their services without agreeing to the new charges.

nnnvvv

Ok, final draft:

Dear Ms. McPherson,

Phone No: xxxxx
Account No: xxxxx
Case reference: xxxxx

Thank you for the response to my email. However, I refute your statement:

"This price change actually relates to non-core services. Delivery reports are an additional service and with this in mind, you won't be able to cancel your contract without penalty if we opt to vary these services."

Your terms and conditions (attached for your convenience) clearly state:

"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)."

None of the bills I have received over the duration of the contract so far have made any mention of SMS Delivery Reports, there have been no fees charged for this service and there have been no zero-rated charges for the service.

Therefore, by your own definition SMS Delivery Reports are not an Additional Service.

This a change which is detrimental to my contract and not related to Additional Services or Add-Ons, so I am entitled to cancel my contract without charge according to Clause 4.1(b) and Clause 10.1(d).

Please note that you are also technically in breach of contract as Clause 4.1 requires you to give me 1 months notice of such a change.

I have been a happy customer of Three for a number of years now and would much rather continue with my current contract. If you are able to revert this detrimental change to my contract then I will be happy to see out my contract with Three.

If, after receiving this email, you are still unable to resolve this issue then we will have reached a deadlock situation. This will leave me with no alternative but to escalate my complaint to Ombudsman Services: Communications. In this case I require you to issue me with a letter of deadlock to forward on to the ombudsman.

You therefore have 3 options.

a) You can revert the plan to charge me for SMS delivery reports.
b) You can cancel my contract for me without charge.
c) You can issue me with a letter of deadlock so that I can escalate the issue.

I look forward to hearing from you by June 1st 2011.

Regards,

Mr. xxxxxxx

bantoi

Am I still allowed to keep my phone when I terminate the contract?

Thanks

Snakeeyes21

bantoi wrote: »

Am I still allowed to keep my phone when I terminate the contract?

Thanks

Yes.. the phone is yours and isnt mentioned in their terms and conditions.

But it seems three are playing hard ball on this one, they are either going to let people cancel at the 11th hour or force alot of angry people to terminate and take other routes..

I have not recieved a response to my email pointing out the additional services bit from the start, requestig to cancel o these grounds, make of that what you will.

I can only hope its taking time as its been passed to their quite shoddy legal department to give the ok to.. I wish :rotfl:

Ive sent a final email requestig my PAC and a deadlock letter be issued by the 2nd july.. gives me eough time to phone and get my PAC if they dont play ball and move my number before the 6th.

JudasPriest

Section 2.3 - This agreement does not cover:
(a) any products or services you buy while using Three Services; or
(b) the supply of your Phone or Dongle.
The manufacturers of Phones or Dongles are not related to us. Any terms relating to Phones or Dongles will be given to you separately.

Section 5.4 also only refers to "your phone", so I'd interpret that, as well as 2.3(b), as Three give you a free mobile phone in exchange for you agreeing a long-term contract with them. They've broken the contract, so the handset is still yours, in my opinion.

Search the legal position on selling upgrade handsets for supporting evidence.

Snakeeyes21

that was a quick reply, only emailed them a hour ago..
why cant they be that quick when letting you cancel..

Dear Mr xxx

Thanks for your reply.

You will be contacted within five working days.

I am unable to guarantee an earlier response as this depends on the complexity of your case.

Your case officer will be made aware of your request.

Thank you again

Makeandsave

Would someone in this thread be able to help and do a draft email pointing out all the stuff said, I am confussed and would not know where to start. It would be a great help thanks.

joeypesci

nsabournemouth wrote: »

Think some are getting carried away with this. It's 1p! What you will also find is that most people don't use text messaging as much as they do the likes of Twitter, Facebook and Whatsapp or even BBM.

Delivery reports are not accurate anyway and are as pointed out always turned off as default on your phone so you opt in to use the service so it is an additional service.

Doesn't matter if it's 1p. If everyone thought about that for every company that tried to shaft them over, companies would be shafting left right and centre. I get unlimited text on three each month (although actually limited to 4000 so how can they claim they are unlimited?) and I send about 3000. 3000 1ps=£30 extra a month.