3 mobile sent back, still getting bills

Guys_Dad

Well, well, well !

I have just read the longer version of 3's t&c on returns and I quote.

Purchases from Three
If you bought or upgraded your Device (Phone, Dongle, Mi-Fi, Tablet or Laptop) from Three’s telesales team or if you’ve bought your Device from Three.co.uk and you change your mind and want to exchange or return it, you must tell us within 14 days of getting your Device. ....................................................................................................... You must also make sure that your Device, packaging, manuals,
accessories and any “free gifts” supplied are complete and are not damaged or marked.

If anything is missing you may be charged for these. We will not accept the return of any used, damaged or marked Devices........................................

If we do accept a Device back from you but it does not meet the requirements set out in this section 6, we reserve the right to
charge you to restore its condition to new and/or to replace anything that is missing or damaged – details of these fees are available on request from us.

Is not the handset missing, then and do these t&c not cover that (see bold above).

However, there then follows a contradictory paragraph that reads as follows

(d) if you fail to return your Device in accordance with the requirements
set out in this section 6, you will not be eligible to return your Device
under this Returns/Exchanges policy, but if you do still wish to end your
agreement for the supply of Three Services during the Minimum Term
of your agreement, you must pay us all the Charges you owe, plus any
Cancellation Fee for your Package

The link also says

Returns Policy: the Device returns policy as prescribed by Three from time to time, the current version of which is available on Three.co.uk/returns policy

Regrettably, that page is not available !

I expect that lawyers would have an expensive field day making sense of these contradictory paragraphs.

OP - quote these to 3 and ask them to charge you - in line with their PAYG prices.

Silk

OneADay wrote: »

How do you know the OP sent it back?

I do wish you would start reading the posts .....as I said in the above post because the OP said so ....and how do you know 3 have not got it ????

OneADay wrote: »

The cost of fish - what the hell are you on about?

It means what has the price of the contract got to do with anything

OneADay wrote: »

Cost of the phone - I am not interested in it- you are because along with the OP despite the fact the contract is for the SUPPLY OF A MOBILE PHONE SERVICE WHICH INCLUDES FREE OR PARTLY PAID MOBILE PHONE. Where I have mentioned cost of the phone is in trying to prove to you it is not possible to terminate the contract without the phone being returned.

As explained to you earlier when a contract is cancelled both parties have to be put into the position they were before it was taken out.
At the moment 3 are out of pocket with the cost of the phone....It makes no difference who replaces the phone be it the courier or the OP the end result will be the same.

OneADay wrote: »

How much clarity do you need to understand the basic concept of a mobile phone contract and that there is NO PROVISION to pay off a service contract through just paying for the mobile phone.

Thats not what it says in the T&C's at all ...just because there is no mention of a provision does not mean they do not have a contingency plan for such cases.

OneADay wrote: »

The agreement is for the supply of a service. Mind boggling I have to keep twaddling on about this and being prompted to respond to same insanity.

You have already tried quoting the wrong facts regarding the DSR issue which have already had to be rectified because you
I shall explain once more so that you understand ...The contract was canceled for the service under DSR's as was the OP's right ...the missing phone is an incidental which has to be sorted out but does not affect his/her rights under those regulations hence the contract is dead.
3 can call the cost of the phone a cancelation fee or spurious charges but it will not affect the rights of the OP to cancel without penalty as set out in DSR's because they overide any T&C's

Silk

Guys_Dad wrote: »

Well, well, well !

I have just read the longer version of 3's t&c on returns and I quote.

Purchases from Three

If anything is missing you may be charged for these. We will not accept the return of any used, damaged or marked Devices........................................

If we do accept a Device back from you but it does not meet the requirements set out in this section 6, we reserve the right to
charge you to restore its condition to new and/or to replace anything that is missing or damaged – details of these fees are available on request from us.

Well done GD

Game over :rotfl:

Guys_Dad

And should it go to penalties, from
http://ask3.three.co.uk/SRVS/Data/Hutch/KnowledgeBases/Ask3/document/web/retail1.htm

In circumstances where you need to return it to 3, we’ll send you a pre-paid Special Delivery returns bag in the post with full instructions (so there’s no need to add a stamp when returning your mobile). To make sure you’re covered, it’s vital you use this bag, take it to a Post Office to be sent and keep the Special Delivery receipt. Do not return the SIM card in the post – you should remove it and destroy it.
Important notes:
1. Our returns policy doesn’t affect your statutory rights.
2. You are liable for the replacement cost of your mobile until it is returned to the retailer. If returning by post your should make sure your mobile is fully insured in the post, so that you can claim if it goes missing.
3. Please also remove the SIM card from the pack and destroy it. Just in case things go astray this prevents any fraudulent use of your mobile.

Note "You are liable for the replacement cost of your mobile until it is returned to the retailer" not "Your contract will stay in force till we receive the mobile"

Any further interpretations ?

Silk

Guys_Dad wrote: »

2. You are liable for the replacement cost of your mobile until it is returned to the retailer. If returning by post your should make sure your mobile is fully insured in the post, so that you can claim if it goes missing.

Well done GD again

Game set and match
:rotfl::rotfl::rotfl:

Ponyo

Thanks all have written to head office saying I am willing to pay for phone if it really has been lost please please please stop charging me every month.

Keep getting nasty phone calls and red letters saying your phone will stop working if you dont pay your bill!!!!!!!!!!

It takes several mins to explain I cancelled it and sent it back, I have been through this with at least a dozen different people in an Idian call centre never get anywhere. They just transfer me to a different department and then they tell me "you must pay it soon or you wont be able to make any more calls or use your phone"

I say yes please stop it at once the SIM card is cut up anyway the day it arrived, its never been used.

OneADay

Silk wrote: »

Well done GD again

Game set and match
:rotfl::rotfl::rotfl:

Nil point explaining ...

OneADay

Guys_Dad wrote: »

And should it go to penalties, from
http://ask3.three.co.uk/SRVS/Data/Hutch/KnowledgeBases/Ask3/document/web/retail1.htm

In circumstances where you need to return it to 3, we’ll send you a pre-paid Special Delivery returns bag in the post with full instructions (so there’s no need to add a stamp when returning your mobile). To make sure you’re covered, it’s vital you use this bag, take it to a Post Office to be sent and keep the Special Delivery receipt. Do not return the SIM card in the post – you should remove it and destroy it.
Important notes:
1. Our returns policy doesn’t affect your statutory rights.
2. You are liable for the replacement cost of your mobile until it is returned to the retailer. If returning by post your should make sure your mobile is fully insured in the post, so that you can claim if it goes missing.
3. Please also remove the SIM card from the pack and destroy it. Just in case things go astray this prevents any fraudulent use of your mobile.

Note "You are liable for the replacement cost of your mobile until it is returned to the retailer" not "Your contract will stay in force till we receive the mobile"

Any further interpretations ?

It still does not mean the contract can be cancelled.
Ask yourself - why the OP is getting the bills.

If the phone had been received back by 3, they would have cancelled the contract and no bills would be arriving.

The replacement cost is for the phone - not the contract (the mobile service, the early termination - how many more words are there).

OneADay

Silk wrote: »

I do wish you would start reading the posts .....as I said in the above post because the OP said so ....and how do you know 3 have not got it ????

It means what has the price of the contract got to do with anything


As explained to you earlier when a contract is cancelled both parties have to be put into the position they were before it was taken out.
At the moment 3 are out of pocket with the cost of the phone....It makes no difference who replaces the phone be it the courier or the OP the end result will be the same.


Thats not what it says in the T&C's at all ...just because there is no mention of a provision does not mean they do not have a contingency plan for such cases.


You have already tried quoting the wrong facts regarding the DSR issue which have already had to be rectified because you
I shall explain once more so that you understand ...The contract was canceled for the service under DSR's as was the OP's right ...the missing phone is an incidental which has to be sorted out but does not affect his/her rights under those regulations hence the contract is dead.
3 can call the cost of the phone a cancelation fee or spurious charges but it will not affect the rights of the OP to cancel without penalty as set out in DSR's because they overide any T&C's

Well maybe you should go and start putting both parties into the position....rather than constantly replying with all these heap of rubbish and not reading what I have repeated to you several times.

Silk

OneADay wrote: »

Well maybe you should go and start putting both parties into the position....rather than constantly replying with all these heap of rubbish and not reading what I have repeated to you several times.

:rotfl::rotfl::rotfl:
What on earth are you talking about now ???

What do you mean "put both parties into the position" whats that all about.

It's you that writes the rubbish giving people the wrong facts and accusing the OP of lying.