MSE News: Three to raise mobile prices

Quentin

ferrit44 wrote: »

.... I was under the impression they had to take you to court, and win, in order for a CCJ to be placed on file?....

No.

You only get a ccj marked on your file after you have left it unpaid over a month from being given it.

ferrit44

grumbler wrote: »

No. I suggested another way above, but don't take my word for it.

Hmm. Indeed.

I edited my post as I had further questions Sorry for them all by the way, just want to have a good idea of any implications so I can make an educated next step decision. Ignore me though, i've found the answer elsewhere.

Quentin wrote: »

No.

You only get a ccj marked on your file after you have left it unpaid over a month from being given it.

Interesting.

akabee

Oxford don's legal fight over price rise signals trouble for phone giant

http://www.independent.co.uk/news/uk/home-news/oxford-dons-legal-fight-over-price-rise-signals-trouble-for-phone-giant-7827719.html

Three has made a basic contractual error which means its customers can jettison their contracts, keep their phones and move to a cheaper tariff

KTF

I cant find the paper online but his contact details are here:

http://www.ccc.ox.ac.uk/Mr-Andrew-Dyson/

shafeeq

Hi

The paper is here

https://docs.google.com/document/d/1XcPARynaBs2k46B32r4RS1HOLaKLb5ojmDrf8vSTzbc/edit?pli=1

ferrit44

Don't really understand this bit;

"He has cancelled his contract unilaterally and applied to the small claims court for a declaration that he has justly done so – in order to prevent damaging his own credit record"

Can someone please clarify what this means?

System

ferrit44 wrote: »

Don't really understand this bit;

"He has cancelled his contract unilaterally and applied to the small claims court for a declaration that he has justly done so – in order to prevent damaging his own credit record"

Can someone please clarify what this means?

essentially, we need to await the court decision on this in order to decide if we are all going to be safe in also cancelling our contracts. if the court rules in his favour it set a precedent in this particular issue.

grumbler

tremault wrote: »

essentially, we need to await the court decision on this in order to decide if we are all going to be safe in also cancelling our contracts. if the court rules in his favour it set a precedent in this particular issue.

martinthebandit wrote: »

I think you have only 30 days to start the process so your suggestion is a little unrealistic

.......................

gjchester

tremault wrote: »

essentially, we need to await the court decision on this in order to decide if we are all going to be safe in also cancelling our contracts. if the court rules in his favour it set a precedent in this particular issue.

Not really, Small Claims court track decisions do not set a legal precidence, although may be used as a refernce by other judges in consideration.

ferrit44

I'm torn on what to do with this, as as much as i'd love to just get rid of them i'm worried about my credit record and it being damaged, on the other hand i'm tired of these companies and their underhand tactics.

I drafted a letter up, would anyone like to critique it? please take into account i've never had to draft anything like this up, so go easy

Three Mobile
3 Customer Services
Hutchison 3G UK Ltd
PO Box 333
Glasgow
G2 9AG

Date: 08/06/2012

Re: Cancellation of Account Number: *********

Dear Sir/Madam,

I acknowledge receipt of your price plan amendment email, dated 29/05/2102. As an iPhone user, I am bound to the terms and conditions as outlined on your website, which were also originally outlined during online sign up: (http://www.three.co.uk/_standalone/Link_Document?content_aid=1220466582225)

I direct you to section 10.1, d;

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 (which includes your Package) which is likely to be of detriment to you. You must give notice to Three Customer Services within that month and your agreement will finish at the end of that month once we receive your notice (A cancellation Fee will not be charged)

As there is no definition of the word “detriment” held within your terms and conditions, I can only utilise the widely established definition which would state;

“Damage, harm or loss”

Any price increase during the term in which I have signed for, will be considered to be of detriment to me, as ultimately I am at a loss from that which I originally agreed to.

Upon calling your call centre, and raising a complaint, dated 07/06/2012, reference *******, I was also informed by a member of your RPI team (******) that the terms and conditions aren’t clear.

As per Regulation 7 of the Unfair Terms in Consumer Contract Regulations 1999 (2);

If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail but this rule shall not apply in proceedings brought under regulation 12.

I’m neither a director, nor a qualifying body, as such regulation 12 is irrelevant in this case.

Therefore, I am sending you this written notice to request cancellation of my mobile phone contract effective 08/06/2012 on the grounds that you have breached the terms and conditions to which I originally agreed to. I await written confirmation that the cancellation has been put into effect. I also await the final bill of any outstanding amount, I expect this to be fully itemised outlining complete costs, explaining business loss due to this cancellation. Failure to do so, will result in non-payment.

Thank you for your attention to this matter. I await your reply.

Sincerely,
*******
Address