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Questioning the legality of my 3 contract!
Badgersteve
Posts: 3 Newbie
in Mobiles
Hi forumers!
This is my first post....and could do with some advice how to proceed!
Well....I took out a 24 month contract with 3 at the end of March 2010 for £25 per month, and after enquiring about changing handsets at the end of September, (and being told it would cost the earth!), 3 customer services called ME in April this year to offer me a deal....basically, they would upgrade me to their shiny new "One Plan", (all you can eat data, loadsa minutes, unlimited texts, blah, blah), with a Blackberry Curve 3G, (I wanted the Bold, but apparently it wasn't available on the package I was taking out)...all for £39 a month.
I ummmed and ahhhed a bit, as I really wanted the Bold (I currently had a Nokia X6, and the camera was good - but hated the touch screen and lots of friends, family and the better half were on Blackberry so wanted to take advantage of BBM), but took the deal. Remember, at the time, I was told it was £39 a month, which included the monthly One Plan contract cost, and Blackberry Internet Service add-on.
Fast forward to last week....I happened to notice on the 3 website, the very same One Plan, WITH the Blackberry Curve 3G....for just £30 a month.....with the Blackberry Internet included! I could even get the same contract, with the Bold 9780, (the phone I originally wanted, but was told was not available on that tariff), for just £35 a month...with the Blackberry Internet included. Needless to say I was a little miffed.
So, I ring 333 from the mobile to enquire about upgrading my phone - not my contract, just the phone. I was told this was not possible, and the early upgrade fee would cost way in excess of £500! So, I contacted 3 via their on-line query submission thingy on their website, and played the disgruntled customer - bemoaning the fact that they were putting new business over existing customers.....to which I received a stock reply email back about early upgrade fees, etc. I replied to the email, stating I felt it a bit unfair, etc. And eventually, got a call back from a nice chap called Samson. He went into the usual waffle about upgrades, and early upgrade fees, etc....and then went on to break down my monthly bill....which, in hindsight on his part, he perhaps shouldn't of done! He told me that I was paying £22 a month for the One Plan, £5 a month for the Blackberry Internet.....and....£12 a month for a £288 early upgrade fee when I took out the new contract for the Blackberry Curve, that was being spread over the term of the contract.
Whoaaaa there :eek: I say......£12 a month extra for early upgrade? No-one told me that. Silence...then some backtracking about that was the plan I agreed to on the phone, etc. I kept on with the fact that I signed up for £39 a month for the One Plan and BIS, NOTHING was EVER mentioned to me about an early upgrade fee of £288...and what is more....if they HAD of mentioned it....I would of not taken the deal.
He then escalated to the Sales Investigations team. And assured this would be looked into. I double checked my original letter from them at the start of the new contract - no mention of the upgrade fee.
Eventually, today, some one called back from the Investigations team....he had an offer for me. He would refund the early upgrade fees I had already paid, and remove them from future bills, making my monthly bill £27 a month. I said, that as I didn't know about this until I enquired about the upgrade, I wanted the Bold too! No got to that.
OK, so I then said, how about you give me the Bold, and leave the bill as it is. No dice on that either.
I stuck my ground, and really went for it then - I stated that as far as I was concerned, the contract was mis-sold to me originally, and I had as a result been fraudulently charged extra on my monthly bill, and furthermore, due to the circumstances that the contract was sold under, they were actually in breach of contract, rendering the contract null and void, and I wanted my account cancelled and I would take my business elsewhere. I then got transferred to a manager.
She couldn't help much more. She suggested that I could pay the £166 for the Curve and they would then give me the Bold. She then suggested that she could cancel my upgrade entirely, I would have to send the Curve back, and I would revert to my original £25 a month plan - which I pointed out was pointless, as I had already sold the old Nokia on! But, she was adamant that I could not cancel my contract. Not without, wait for it....paying an early termination fee!! :mad:
My question is this: Am I right in thinking that under the circumstances, the contract is actually null and void, because I am thinking of just getting a new one with Vodafone, and canceling the 3 direct debit!
This is my first post....and could do with some advice how to proceed!
Well....I took out a 24 month contract with 3 at the end of March 2010 for £25 per month, and after enquiring about changing handsets at the end of September, (and being told it would cost the earth!), 3 customer services called ME in April this year to offer me a deal....basically, they would upgrade me to their shiny new "One Plan", (all you can eat data, loadsa minutes, unlimited texts, blah, blah), with a Blackberry Curve 3G, (I wanted the Bold, but apparently it wasn't available on the package I was taking out)...all for £39 a month.
I ummmed and ahhhed a bit, as I really wanted the Bold (I currently had a Nokia X6, and the camera was good - but hated the touch screen and lots of friends, family and the better half were on Blackberry so wanted to take advantage of BBM), but took the deal. Remember, at the time, I was told it was £39 a month, which included the monthly One Plan contract cost, and Blackberry Internet Service add-on.
Fast forward to last week....I happened to notice on the 3 website, the very same One Plan, WITH the Blackberry Curve 3G....for just £30 a month.....with the Blackberry Internet included! I could even get the same contract, with the Bold 9780, (the phone I originally wanted, but was told was not available on that tariff), for just £35 a month...with the Blackberry Internet included. Needless to say I was a little miffed.
So, I ring 333 from the mobile to enquire about upgrading my phone - not my contract, just the phone. I was told this was not possible, and the early upgrade fee would cost way in excess of £500! So, I contacted 3 via their on-line query submission thingy on their website, and played the disgruntled customer - bemoaning the fact that they were putting new business over existing customers.....to which I received a stock reply email back about early upgrade fees, etc. I replied to the email, stating I felt it a bit unfair, etc. And eventually, got a call back from a nice chap called Samson. He went into the usual waffle about upgrades, and early upgrade fees, etc....and then went on to break down my monthly bill....which, in hindsight on his part, he perhaps shouldn't of done! He told me that I was paying £22 a month for the One Plan, £5 a month for the Blackberry Internet.....and....£12 a month for a £288 early upgrade fee when I took out the new contract for the Blackberry Curve, that was being spread over the term of the contract.
Whoaaaa there :eek: I say......£12 a month extra for early upgrade? No-one told me that. Silence...then some backtracking about that was the plan I agreed to on the phone, etc. I kept on with the fact that I signed up for £39 a month for the One Plan and BIS, NOTHING was EVER mentioned to me about an early upgrade fee of £288...and what is more....if they HAD of mentioned it....I would of not taken the deal.
He then escalated to the Sales Investigations team. And assured this would be looked into. I double checked my original letter from them at the start of the new contract - no mention of the upgrade fee.
Eventually, today, some one called back from the Investigations team....he had an offer for me. He would refund the early upgrade fees I had already paid, and remove them from future bills, making my monthly bill £27 a month. I said, that as I didn't know about this until I enquired about the upgrade, I wanted the Bold too! No got to that.
OK, so I then said, how about you give me the Bold, and leave the bill as it is. No dice on that either.
I stuck my ground, and really went for it then - I stated that as far as I was concerned, the contract was mis-sold to me originally, and I had as a result been fraudulently charged extra on my monthly bill, and furthermore, due to the circumstances that the contract was sold under, they were actually in breach of contract, rendering the contract null and void, and I wanted my account cancelled and I would take my business elsewhere. I then got transferred to a manager.
She couldn't help much more. She suggested that I could pay the £166 for the Curve and they would then give me the Bold. She then suggested that she could cancel my upgrade entirely, I would have to send the Curve back, and I would revert to my original £25 a month plan - which I pointed out was pointless, as I had already sold the old Nokia on! But, she was adamant that I could not cancel my contract. Not without, wait for it....paying an early termination fee!! :mad:
My question is this: Am I right in thinking that under the circumstances, the contract is actually null and void, because I am thinking of just getting a new one with Vodafone, and canceling the 3 direct debit!
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Comments
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Badgersteve wrote: »My question is this: Am I right in thinking that under the circumstances, the contract is actually null and void, because I am thinking of just getting a new one with Vodafone, and canceling the 3 direct debit!
No!
You got two phones so far if I am reading it right (and got the upgrade fee waived) and you want another one. Next time sign up for shorter contracts rather!0 -
That's the point...I DIDN'T get the upgrade fee waived.....they didn't tell me there was one! They hid it away in the contract price...they have admitted the mistake, but I just want out now. They are treating the fact that they fraudulently signed me up for an extra £288 as a mere formality that I should just accept! In fact...I'll happily send the Curve back to them!0
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You agreed to pay £39 and you are paying 22+5+12=39. Correct?Badgersteve wrote: »...
I ...took the deal. ...I was told it was £39 a month,
...
....He told me that I was paying £22 a month for the One Plan, £5 a month for the Blackberry Internet.....and....£12 a month for a £288 early upgrade fee when I took out the new contract for the Blackberry Curve, that was being spread over the term of the contract....
...
Am I right in thinking that under the circumstances, the contract is actually null and void, because I am thinking of just getting a new one with Vodafone, and canceling the 3 direct debit!
You wanted a new handset and you've got it. Correct?
You agreed to pay for some services and you are receiving the services. Correct?
If so, IMO you don't have a leg to stand on and I don't even understand why they offer you a refund and a discount.0 -
So, am I correct in assuming that so far, everyone thinks it is OK to charge someone for something....but not tell them?
If my bill showed. 22 + 5 + 12 = 39, then it would be fine.....but it is actually showing 34 + 5 = 39......
So they have hidden the "upgrade fee" in the contract fee.....and NOT TOLD me. If I HAD been told that...I would of left it there!0 -
You were told it was £39, you agreed £39. It is a simple as that. If you were told £27 and then they put a £12 charge in after that then I'd be backing you all the way but in this case I think Three are being extremely reasonable.Have I helped? Feel free to click the 'Thanks' button. I like to feel useful (and smug).
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It is OK to make a mistake.
It is not OK not to correct it, but it is not the case. They admitted the mistake (I wouldn't) and are prepared to correct it.
Why do you think that you have any grounds for cancellation?0 -
Id be happy that 3 would cancel the early upgrade fee. I agree them not telling you they tried it with me but id been on thier website and new there price and pulled the.difference straight away. Why they call it a early upgrade fee is beyond me its basically paying of the rest of the contract and why anyone would do that is beyond me.paying for the rest of your contract but not getting the calls and tx. Snatch their hand of at them waiving the upgrade fee cause thats prob the best youll get.0
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The real problem you have is that 6 months into a 24 month contract you rang up 3 and asked for a handset change. Then 6 months later you accepted a handset that you didn't really want at £14 more per month, selling your working Nokia as well.
Now you are disgruntled because you see something better on offer for those not midway through a contract. You were offered a deal to get you out of your Nokia handset and you took it. It doesn't matter how the £39 is made up - you accepted the monthly amount.
You need to curb your handset-upgrade urges. It seems that you can't accept having a handset for 2 years before change. There will always be a newer, fuller-featured handset every month or so and if you choose to take out a contract, do it on the basis that you will stick to it for the 24 months. Be a shop-a-holic with something cheaper !0 -
You shouldn't have agreed to take on a new contract at £39 with a phone you didn't really want.
Send the Curve 3G back, get them to refund the early upgrade charges, sort yourself out another Nokia and see out the rest of your contract.
What they've offered is reasonable enough IMO.0
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