We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
3 mobile sent back, still getting bills
Comments
-
The contract was cancelled end of story.
In this case if the phone has gone missing and the OP has followed instructions and is lost then the claims procedure for the missing phone will have to be followed.
If the phone has gone missing 3 would only be able to claim the cost of the phone from the Post Office not the cost of the contract
In the same way they will only be able to claim the cost of the phone from the OP not the cost of the contract.
Even if they were at the stage to claim from the OP which it is not, they would claim the full cost in one hit rather than monthly charges.
It is not the end of the story.
The consumer is responsible for sending back an item and ensuring it gets returned.
3 cannot claim nothing from courier without knowing what the tracking number was (which consumer cannot provide).0 -
It's end of story as far as the contract is concerned.It is not the end of the story.
The consumer is responsible for sending back an item and ensuring it gets returned.
3 cannot claim nothing from courier without knowing what the tracking number was (which consumer cannot provide).
The missing phone is a seperate issue and no one even the OP is disputing that may have to be paid for at the end of the day should it not turn up.
For example if the OP had bought a phone not a contract and paid money for it under DSR's the supplier would have to refund the money within 30 days of cancellation regardless of them getting the phone back. If the phone did not turn up then the supplier would have to re-invoice at a later date once procedures for tracing it had been exhaustedIt's not just about the money0 -
It's end of story as far as the contract is concerned.
The missing phone is a seperate issue and no one even the OP is disputing that may have to be paid for at the end of the day should it not turn up.
For example if the OP had bought a phone not a contract and paid money for it under DSR's the supplier would have to refund the money within 30 days of cancellation regardless of them getting the phone back. If the phone did not turn up then the supplier would have to re-invoice at a later date once procedures for tracing it had been exhausted
You are still not getting it.
You sign up to a contract online. You see there is a bit in there stating if you want to cancel, return the phone within 7 (or 14 days dependent upon the conditions of the network).
It does not state that if you fail to send the phone back or it is not received, you can ask for the contract to be cancelled after the set 7/14 days without returning the phone or by paying for the phone alone.
The contract is binding upon the return of the phone.
DSR is 7 days - not 30 days.0 -
It is not the end of the story.
The consumer is responsible for sending back an item and ensuring it gets returned.
3 cannot claim nothing from courier without knowing what the tracking number was (which consumer cannot provide).
You missed the point that the OP offered to pay for missing phone so no loss to them. And they would not have sent out a return bag unless they had agreed to cancel.
The decision to cancel the airtime contract then the fact that the handset has gone missing should not impinge on the decision to end the airtime contract.0 -
You missed the point that the OP offered to pay for missing phone so no loss to them. And they would not have sent out a return bag unless they had agreed to cancel.
The decision to cancel the airtime contract then the fact that the handset has gone missing should not impinge on the decision to end the airtime contract.
No I have not missed the point. The T&C of entering into the service (i.e. mobile contract) are that if you want to cancel the contract, the phone has to be returned (usually within 7 days). The onus is on the consumer to ensure the phone is returned - otherwise service continues. There are no get out clauses of paying for mobile to end the contract.0 -
No I have not missed the point. The T&C of entering into the service (i.e. mobile contract) are that if you want to cancel the contract, the phone has to be returned (usually within 7 days). The onus is on the consumer to ensure the phone is returned - otherwise service continues. There are no get out clauses of paying for mobile to end the contract.
The 7 days is the period in which to cancel the purchase not 7 days to return it ...that has to be done in reasonable time but not a set limit.
The contract is cancelled from the date of instruction not from date of receiving the phone.It's not just about the money0 -
The 7 days is the period in which to cancel the purchase not 7 days to return it ...that has to be done in reasonable time but not a set limit.
The contract is cancelled from the date of instruction not from date of receiving the phone.
And then the phone has to be returned.
They will cancel the contract once they receive the phone back - cancelling from the date you requested (within 7 days period).
If the phone is not returned, then contract continues. You cannot pay off the phone.
They sell you a service with a free phone (or part paid), there is no price put on the phone formally if it is free as part of the contract. You cancel and return and its received, contract cancelled. You cannot start bartering on the price of the phone afterwards because it got lost or you failed to return it.
In the OPs case - he/she has no tracking number - so 3 cannot determine if it was received or not. Now unless they can track it down somewhere and confirm when it was received, the OP is stuck with a contract.0 -
In your interpretation of 3's contract t&c - which I concede are what they say - there is no room for a handset going adrift in the post.
That means that their terms, if applied in your interpretation, are clearly unfair.
As you have pointed out in the past, there is a separate contract, so to speak, between handset and airtime and if a handset packs in, that does not impinge on the liability for the customer to see the airtime contract through.
If OP was refusing to pay 3 the retail price of the handset - note retail, not cost price - then that would be a different thing altogether.
It is fairly clear to most people that OP is being honest in offering to pay for the handset. Personally, to avoid the mess, I would ask 3 to replace my sim and buy a replacement handset, unless OP has taken out a new contract.
But otherwise, I would hold my ground and contact 3 at the highest level and the regulator as clearly there has to be some leeway given that the Post Office lose millions of letters and parcses each year.0 -
The contract has already been cancelled, it no longer exists.If the phone is not returned, then contract continues. You cannot pay off the phone.
If the OP was to prove it was sent back by managing to find his tracking number then 3 will have to try and put a claim in for the cost of the phone. They will not be able to claim for the cost of the contract, as it's only the cost of the phone that is outstanding.
Whilst 3 may wish to reinstate the contract it would not stand up in court. If they try to charge the full contract price for an airtime contract the OP would be able to counter this by issuing a demand for the difference between the market value of the phone and the cost of the contract.
When a contract is cancelled both parties have to be put back to the position they were before the contract was taken out ...in this case the outstanding issue is the missing phone.It's not just about the money0 -
The contract has already been cancelled, it no longer exists.
Whilst 3 may wish to reinstate the contract it would not stand up in court. If they try to charge the full contract price for an airtime contract the OP would be able to counter this by issuing a demand for the difference between the market value of the phone and the cost of the contract.
When a contract is cancelled both parties have to be put back to the position they were before the contract was taken out ...in this case the outstanding issue is the missing phone.
I agree with you. Regrettably, though, we both know 3 will still trash the credit record and put debt collectors on the trail if it isn't cleared up with them.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.2K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.2K Work, Benefits & Business
- 600.9K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards