Three, billing for handset I don't have & debt collectors

olly300

Long story but I know other people have had issues with Three billing them for handsets they have not received so I thought I would put it here.

I tried to take out a Three contract last October via their website which crashed. I subsequently phoned Three up and they informed me my order hadn't gone through so I need to make another order.

I made another order and after some delivery problems (recorded in email) I received a handset by Royal Mail Special Delivery.

I then discovered a few months down the line that Three have been billing me for 2 handsets. So I telephoned Three up and told them the story. They sent me around their different departments in India and Scotland. Eventually I got through to someone based in India who was suppose to get my direct debits refunded for the handset I did not have. She first tried to get me to admit that everything was my fault. I stated clearly had she heard the story from the previous person and she stated she had. So I refused to answer her questions properly. She then stated that Three would send out another handset to which I stated clearly I did not want another handset. She then decided to threaten me with debt collectors so I asked her to put the phone down because I would write to Three to deal with the problem. She then persisted in telling me that if I cancelled an account and I was found to owe money on it then Three would sent out debt collectors. So I said I am now putting the phone down goodbye.

Under Three's terms and conditions for Pay Monthly Customers http://www.three.co.uk/personal/customer_/terms_conditions.omp?cid=1164989896406

Three should not be billing customers until 30 days after they have received their handset. I asked a solicitor friend and was told the legal definition of recieved and delivery of parcels and mail is complicated. However Three uses couriers to get customers to sign receipt of delivery.

I wrote a letter to my bank to refund the Direct Debits under the Direct Debit Guarantee and cancelled all Direct Debits to Three. I paid the bill for the phone I have by a cash payment. It's £3 extra but it means Three cannot help themselves to my bank account and I am not in breach of contract. I sent a copy of the letter I sent to my bank to Three by recorded delivery.


After writing numerous emails to Three not via their website form otherwise I would have no copy of them (email address: customerservices@3mail.com )Three replied to them that I was to ring them up to arrange delivery of another handset and sent me text messages saying the issues was closed. I am aware that if I don't want a handset due to Three breaching their part of the contract I don't have to accept one so trying to bully me into an agreement now is a further breach of contract.

This morning I phoned up OFCOM. I was asked had I written to them which I said I had and I also stated that Three kept sending me text messages that the issue was closed. The text messages apparently indicate a deadlock situation. I was given a reference number and told to phone Three up and give this number to a manager.

I have done that and discovered:
1. If you cancel your direct debts with Three even if you are not breaching any contractual agreement and Three is, Three will automatically send your account to the recovery and collections department i.e. debt collectors
2. Three will instantly deal with your query and try and do so properly if you have an OFCOM reference number.

By the way under the Distance Selling Regulations if I had received the second handset on time I would have sent the handset back. However this doesn't apply because I can't send back something that I never received.

FTD

I wrote threatening legal action when they wouldn't let me cancel my contract AFTER my 12 months was up.
Just write to them and say you will sue for damages if your credit rating is affected, i did.

FTD

olly300

FTD wrote:

I wrote threatening legal action when they wouldn't let me cancel my contract AFTER my 12 months was up.
Just write to them and say you will sue for damages if your credit rating is affected, i did.

FTD

Thanks

Three are well aware I never received the handset so if the debt collectors had contacted me I may have taken them to court for breach of contract and harassment.