Latest Three retention deal

funkyparott

You are correct to point out the burden of proof falls on the consumer after six months. However, the standard of proof is 'on the balance of probabilities' ie, your version of events is 'more likely than not'.

I don't think anyone can put specific time scales on this - it would be different for each case I would imagine.

However, I am sure the Nokia 6280 cost brand new at retail roughly £300 when it first came out (I may be wrong). I honestly believe a reasonable person would expect such an item to last longer than 12 months. Ok - if I drop it in the bath thats my own fault !! But what if the phone suddenly decides to start resetting itself or similar for no aparent reason.

It is only the phone companies who have introduced this 12 month time scale.
What is a reasonable timescale for a phone to last - who knows - maybe two - three years; at the end of the day in civil law it would be what a reasonable person would believe.

I don't doubt that if you tried to claim against one of the networks after 12 months they wouldn't want to know. I would imagine you would end up having to issue a summons. I still think you would win.

Even back to the issue of the 'free' handset. Does Nokia run for free? How many millions of pounds do they put into development and creating the latest phones for us all? Is it really true that the result of such inovation is passed on for free? The phone companies are very good at 'masking' the cost of the phones discguising them as a 'free upgrade'; nothing in life is for free.


FP

elljay20

it varies depending where you get the phone from though. like i said i buy a contract handset and give it to the customer. i loose the handset price off my gross profit, in most cases, a customer pays nothing for a phone so in a way the only thing they have bought is a line

funkyparott

elljay20 wrote:

it varies depending where you get the phone from though. like i said i buy a contract handset and give it to the customer. i loose the handset price off my gross profit, in most cases, a customer pays nothing for a phone so in a way the only thing they have bought is a line

I take your point here (my dealings are with three direct).

You are giving the phone to the customer free, and the customer signs up with the network ( a seprate legal entity)

This I think, becomes a lot more complicated!!

My gut feeling is that there is still some comeback for the customer, however I can't confidently say what it would be.

elljay20

no me neither, i've been trying to find out for a while now. i mean you don't "rent" a phone do you? you don't give it back when the contracts up. i suppose when you're dealing direct with a network they do recoup the cost through the line rental you pay, but dealing in a store it seems to get more complicated. because esentially the only thing you've bought from them is a line.

funkyparott

I have taken some advice from Trading standards on this.

The trick here is to always insist on paying something for a free phone - even if its just 1 pence !(the alternative they suggested was to trade in your old phone - this will still amount to consideration under the law).

That way you have full consumer protection. Very longwinded I agree !

They also stated that if the shop gave you a free phone for an 18 month contract (which you signed up for at the time) - the shop would be liable to you if the phone failed after the 12 months but before the 18 months.

Not sure why this should be.

PukkaPiesJack

I'm on 500 mins 100 txts - 3 said I could continue on this for £6 a month from now on! I was cheeky and asked how much to up my tariff to 750 mins and 150 txts = £10 a month so thats me sorted for the next year.

Skilgannon_2

I can see what Funky is saying that you receive the phoen for 'free' from the network, in the hope that they recoup this plus more through your bills.

With the networks own retailer the procedure is the same as their telesales, or retentions team etc.

With an independent retailer, the difference is that the network will pay a commission to the retailer for every connection. The handset cost may be oulaid by the retailer, or subsidised by the network. Infact companies like CPW have their own distribution lines, and their own buying power is significant.

Now when CPW make a sale they will take the whole of the commission, wheras some retailers may have an agreement with the networks where they forfeit part of their commission as a subsidy towards the handset.

Funky is right that Nokia do not give away their handset for free, neither do the networks.

I am sure we have all experienced a time when an upgrade was not in our favour, what did the network do for us nothing. Mobile networks line their own pockets and ultimately it is us the consumers who are lining them .
It would be naive for any of us to believe otherwise, and that a free upgrade is really free. I have been told by T-Mobile that some of the upgrades I have asked for are financially unviable for them, and that they wont recoup any money from me.

Another way to think of it is somebody who spends £50pm will spend £600 a year. Somebody who spends £20pm will spend £240. Now will the £50pm spender get £360 worth of more value from their network. Ie will they receive discounts, upgrades etc to that value. I think not.
The £600 spender will probably receive a phone for free that the £20pm spender might have to pay £100. You do the math. who is better off

nanjo

the latest offered I got from 3 yesterday was: no upgrade phone
500 min + 100txt = £76/year
100 min + 100txt = £46/year

didn't take the offered, wait and see.

digp

funkyparott wrote:

I made my annual phone call requesting my PUK code and was asked what it would take to keep me.

I stated I did not want a so called rip off 'upgrade' phone, rather the best deal I could have on my current tariff and current handset which is :-

500 mins any network / any time
100 texts

Normal price is £30 a month.

I have been offered a 12 month contract of which 9 months would be completely free.

In essence, £7.50 a month for the above contract. I have purchased a new battery for my Nokia 6280 and everything is fine.

I honestly think the whole 'upgrade hanset' marketing ploy is one of the biggest cons going. I have been told the money has been credited to my account already. No sending coupons off to claim cashback here.

I probably could have pushed them a little harder. Good luck if you try. And remember, do you really need a new handset? What is your new handset going to offer you over your existing one?

If three can discount this much on their tariffs it just shows how much money they are making. I don't believe for one minute they do this out of the kindness of their hearts. My other options included having various so called 'free phones' on an 18 month contract, but having to pay 9 months full wack! (30 X 9 months = you repaying for supposedly free phone)



FP

they must be desperate














(for customers)

wadge

nanjo wrote:

the latest offered I got from 3 yesterday was: no upgrade phone
500 min + 100txt = £76/year

I got offered the same. Most probably will go for it.

9 months @ £15
3 months @ £30
'credit back' of £149.23