Can I cancel my contract with 3?

copmn

Wondered if anyone had any advice or experience of cancelling their contract with 3?

Had my new iPhone stolen last week and I'm 1 month in to a 24 month contract. Stupidly I didn't have insurance!

After trawelling through the terms and conditions I believe I should be able to cancel as they have charged me £5.11 for a replacement SIM. The relevant terms and conditions state:

"5. What we will provide for you. A Three phone number and SIM"

"6.5 There will be a charge for any replacement SIM (as set out in the Price Guide), unless, of course, it is defective through faultydesign or workmanship."
No charge for replacement SIM is mentioned in the Price Guide and this has been accepted by their customer serivces.

"10.1 You may end this agreement in the following ways:
-(d) Within one month of a detrimental variation to your agreement. You can end the agreement within one month of us telling you about a variation to your agreement"


What are peoples opinion on this? Should they not have issued a new SIM free of charge. I know I'm just using this as an excuse to get out of my contract but any comments or advice would be gratefully receive.

Many Thanks

jb66

No, you can't get out of contract

TimBear

I don't understand? You've copied a clause which states there will be a charge for a replacement SIM unless it's faultly.

You can't get out of your contract because your phone was stolen.

copmn

TimBear wrote: »

I don't understand? You've copied a clause which states there will be a charge for a replacement SIM unless it's faultly.

You can't get out of your contract because your phone was stolen.

The clause says that they will charge for replacement SIM as set out in the price guide. The price guide does not include a cost for replacement SIMs so could I not naturally assume it should be free of charge.

I know morally I can't get out of my contract but wondered if legally they have breached it by making that charge.

Jon_01

Even if they had, which I don't think they have. That would be a billing error and that's not a breach of contract.

jayme1

Jon_01 wrote: »

Even if they had, which I don't think they have. That would be a billing error and that's not a breach of contract.

or a print error in the Price Guide.

either way the T&Cs which you have agreed to and is legally binding will succeed the Price guide (which is a guide).

there is no way you can get out of the contract due to a lost phone, you will have to buy a new phone (a 3G one) to use the sim in, if you still want an iPhone and can't buy one from apple then 2nd had is an option.

sdduk

So you expect them to cancel your contract because you lost your phone weather stolen or lost its not 3s fault so why should they cancel the contract...that's why you take insurance out to cover things like that

As again you lost the Sim so why have they got to give you another free one...they already gave you a free Sim when you took the contract out

So Sorry but you don't have a chance of them cancelling your contract unless you pay for the remanding amount left.

KingElvis

LOL are you for real, that's the weakest excuse for a excuse I've read in a long time.

JIMTHELAD_3

No joy my friend

chanz4

And we thought 3 customer service was dim

deadpixel

I think that at the very least, if they were going to allow you out of the contract, you would be expected to return the new phone.