3Mobile - "Detreimental variation" to contract - advice needed

mrak

I'm probably clutching at straws here, but 3Mobile have made some changes recently to their downgrading policy. From the 14th of December 2006, any attempt made by any of us to downgrade our Price Plan (line rental/free minutes bundle) will be charged either £25 or have their contract extended for an additional 6 months.

Now, I always intended to excercise the "downgrade after 6 months" clause in my contract. That has always been my intention, and hence the prospect of paying £25 for something that was up-until recently free is not my cup of tea. So I looked to "the small print". (found here: http://www.three.co.uk/personal/customer_/important_documents.omp)

Apparently, within 30 days of any "detrimental variation" to my contract, I may cancel the contract completely and without incurring any cancellation fee. (Section 10.1 d.) of "the small print" at the link given above).

As far as I see it, this ammendment IS detrimental. It will ultimately result in my paying £25 more for the contract than I would have done otherwise. What I need to know from the contractual whizzes on here is: do I have a leg to stand on?

If I do, then this could be a fantastic loophole for moneysavers everywhere... If I don't, I'd at least like to know why. I've already written to three, but anyone can make this claim "within a month of being made aware of the change"...

Thanks in advance for any suggestions/criticisms!

Mrak

redux

They ought to read your letter and waive the charge, only applying it to new ones taken out after the change was announced, but who knows ...

Good luck

SenorGroucho

Its exactly the same loophole that I used to get O2 to agree to cancel my contract a couple of months ago (although I took a cash insentive not to cancel instead). Of course being in the legal "right" and actually getting 3 to cancel your contract are two different things.
Good luck.

onzey

Re: "within a month of being made aware of the change"

My daughter is on 3 and I'm not sure if she wants to change her plan, leave altogether or stay as she is but I don't think she knows of this change. However, if she did want to cancel, did 3 write to people to inform them of the change in contract or was it only made known via the website? How can she confirm when she was "made aware"?

Thanks.

System

If they didn't make an effort to contact her, either via a letter or message on her bill etc, then basically she has just been made aware.

If she wants to cancel/ challange it then contact customer services initally. I would guess she won't get far with them.

Then she can e-mail executive.office@three.co.uk, and formally notify them that the detrimental change is unacceptable.I understand that these are the people with authority to cancel contracts etc.