End of a 3 contract

4$£&*(£$&*(!

Hello all, I've been a lurker for some time and a fan of this website/advice offered in the forum.

I've got a poser for you all over the end of a contract phone. It's on 3, not due up until around September this year but I like to be ready for when the time comes!

So my questions are generally -

Let's say the contract ends on 20th September. How do I ensure both that 3 cancel my contract on the day itself (as I'm on a Carphone Warehouse cashback offer), plus give me a PAC code that I can transfer my number with, plus unlock my phone?

As with most people on here, I don't intend paying a penny more than I have to, but getting the phone unlocked and the number transferred within one day of the contract ending will probably need some very nifty timing!

Now here's the big one, and who knows, something Martin may be able to give advice on. Is network locking mobiles actually legal? I would have thought someone would put forward a legal challenge to say it's anti competitive, and yes whilst I agree with networks tying you into a contract on a subsidised phone, is it right they then charge you £15 just to unlock it? (I have a Nokia 6630 which is BB5 secured, and you only need to search the web to find there is only a rumour that one guy in eastern Europe can unlock these, and he wants a 5 figure sum for the solution!)

Thanks all.

diamonds

go 3 retentions, what tarriff are you on ?

4$£&*(£$&*(!

Am on Video, Talk and Text 700. I barely use the time, but needed a new phone and the Carphone Warehouse offered me a phone for the equivalent of £2.99 per month after cash back (I have to send my 4th, 8th and 12th bill).

But is it right that mobile companies lock phones to their network after the contract has ended?

olly300

You have to ask for the phone to be unlocked.

This may interest you:
http://www.ofcom.org.uk/bulletins/comp_bull_index/comp_bull_ccases/closed_all/cw_888/#content

4$£&*(£$&*(!

Would it be worthwhile to attempt a complaint to Ofcom then about the fairness of 3 charging an unlocking admin fee after the minimum contract period has ended? As you're probably aware, any phone with BB5 security cannot be unlocked in the same way as most other phones, you have to go to the network.

olly300

Only if no other network does this.

4$£&*(£$&*(!

O2 don't seem to lock phones, whereas Orange, Vodafone and T-Mobile are in the same club as 3 in locking phones. I've seen posts on other boards where our American friends laugh as they've never heard of network locking. Surely this should be challenged? 3 may not be the only ones doing this, but as we've seen recently with bank charges just because most of the banks do it, this doesn't make it right.

olly300

The operators can get away with it because the handset belongs to them until the customer has paid for it.

The only thing it could be challenged on is that the fee for unlocking the handset if it is not clearly stated anywhere. (I've not checked OFCOM's regulations to see if their is a maximum an operator can set.) So this may fall under the Unfair Terms in Consumer Regulations if the charge varies or is not clearly stated.

It's bit like leasing a car. You pay for the car monthly then at the end of it you either hand the car back or pay a fee to keep the car.

You

For what it's worth, the last three phones I got from Carphone Warehouse have all been unlocked (2 from Orange and 1 Virgin). I was told about a year ago that all phones at CW are now given unlocked. Not sure if this is a standard policy and would apply to 'Three' phones bought from them also.

4$£&*(£$&*(!

Mine isn't unlocked, I have checked. The point is though that surely a contract is what the networks recoup costs from, I haven't leased the phone, it will be mine at the end of a contract; and fair enough they have to enforce the contract to get the phone subsidy back, but after that the phone is 100% mine, I just can't use it on another network until I pay 3 a £15 fee.

It's this unavoidable fee that I object to, and believe is anti-competitive.

espresso

CitySlicker wrote:

It's this unavoidable fee that I object to, and believe is anti-competitive.

So why did you sign up with 3 if you disagree with their terms? £15 is not an extortionate fee to supply the unlock code for your handset is it?