MSE News: Three to raise mobile prices

ferrit44

sureshk wrote: »

1. Pay the ETC under protest, then sue retrospectively for breach of contract
2. Stay with 3 under protest, then sue prospectively for breach of contract by them forcing you to stay.

What would your opinion be of another option, that being cancelling, disputing the final bill and when the no doubt trashing of your credit record occurs sue for defamation of character?

sureshk

ferrit44 wrote: »

What would your opinion be of another option, that being cancelling, disputing the final bill and when the no doubt trashing of your credit record occurs sue for defamation of character?

As I said previously, I'm not legally trained.

You could cancel and dispute the final bill and not pay it. However, as 3 have shown they do not have very good customer service, they probably would issue a default straight away. They are not covered by the Consumer Credit Act, so do not legally have to issue a notice. As far as I know, it wouldn't be illegal or against regulations (they aren't covered by the CCA) to issue a default against your credit file - which would be difficult to get removed later on. You would have to get 3 to 'kindly' (unlikely) remove it, or get a court order (no idea how hard that would be).

If you did dispute it and not pay it, take the default notice and then sue them and win, you could I guess write to the ICO (information commisioners office) and tell them it was put there incorrectly and ask them to remove it and investigate 3 for it, but that may take a while.

If you are disputing the debt, and 3 harass you for it, or debt collectors do, you could sue them for harassment under the debt collection laws, but that would be a lot of headache.

Regards suing for defamation - you could probably only do that if they refused to remove the default and it was proved it was not valid (i.e. if a court already ruled in your favour that you could cancel), or if 3 either issued it after they already let you cancel without penalty (unlikely), then it could be seen as trying to degrade your character unlawfully. That may require something more than small claims court though, I have no idea.

Personally I would not recommend that route, as it's most likely to get you in trouble with your credit file, and be the hardest to correct afterward.

Again, I'm not a lawyer.

ferrit44

I appreciate you aren't a lawyer, was more so gauging your opinion.

Thanks.

sureshk

ferrit44 wrote: »

I appreciate you aren't a lawyer, was more so gauging your opinion.

Thanks.

no problem

at the end of the day, you have to do what you feel is right, but as all the MSE guidance says, as long as you pay under protest (and tell them so) you can challenge it later.

If you have paid all your bills and fees and charges (even under protest) 3 couldn't possibly legally do anything to your credit rating, other than improve it by paying all bills

matrix999

Well folks!

That's my iPhone 4 (3) contract cancelled via the PAC method.

Have wrote a letter to 3 explaining my reasons for cancelling under sec 10.1

I'll probably get loads of letters back saying its not possible to cancel, blah blah blah and that they intend to change the ETC.

Well, they can sing for it!!

There customer service is utterly shocking!! Don't get me wrong through there 3G service where I live is ok..

Has anyone else went down this route or something similar? I'll keep the thread updated with any developments.

KTF

What do you mean the PAC method?

You can ask for your PAC any time as that you giving 30 days notice but if you ask for it before the end of the contract then there may be early termination charges to pay - monthly amount x months you terminated before the end date.

You might find that your final bill is a bit larger than expected.

ferrit44

matrix999 wrote: »

Well folks!

That's my iPhone 4 (3) contract cancelled via the PAC method.

Have wrote a letter to 3 explaining my reasons for cancelling under sec 10.1

I'll probably get loads of letters back saying its not possible to cancel, blah blah blah and that they intend to change the ETC.

Well, they can sing for it!!

There customer service is utterly shocking!! Don't get me wrong through there 3G service where I live is ok..

Has anyone else went down this route or something similar? I'll keep the thread updated with any developments.

Not yet, but i've drafted a cancellation letter as well as sought legal advice to this point. All pointing towards doing the exact same thing, although I have a formal complaint with 3 outstanding that i'm awaiting a call back from last Thursday (7 day lead time apparently). I'll wait and see what they say, then take it from there.

Agreed their customer service is absolutely shambolic though, without a doubt one of the worst experiences i've ever had the displeasure of.

sureshk

ferrit44 wrote: »

Not yet, but i've drafted a cancellation letter as well as sought legal advice to this point. All pointing towards doing the exact same thing, although I have a formal complaint with 3 outstanding that i'm awaiting a call back from last Thursday (7 day lead time apparently). I'll wait and see what they say, then take it from there.

Agreed their customer service is absolutely shambolic though, without a doubt one of the worst experiences i've ever had the displeasure of.

I sent in a 3 page letter (via email and registered post) on Thursday last week, unilaterally cancelling my account under 10.1 (d) and saying any further charges would be seen as unlawful and illegal and would be deal with in court.
I said if no reply within 14 days it would be taken to be acceptance.

The automated email reply said I would receive a reply within 5 days.

Still awaiting a reply 5 days later.

I pray they say no, then I can sue the pants off them for breach of contract.

tehn00p

Hey all, could someone give me some advice, been away from this for a couple of days.

I have had an open case with three for 2 weeks now due to the price rise and the traffic sense. They claim the price rise is rpi and it is covered under the contract. Is this true?

I also complained about trafficsense, which has since been pulled and is claimed to be a "trial", load of @#?! if you ask me. All they were willing to do on the basis of the Trafficsense part was 2 months of service for free, I didn't take them up on it and said I will be seeking further action. Taken 2 weeks to get that far from the executive office.

Can anyone give me a mini update on how you are intending to get out of your contracts? I am a student so I can't pony up the insane cancellation charge (£400-£500 odd). I have an iphone, and in 10.1.d of the iphone contract it only says "detrimental", not "materially detrimental".

I would appreciate some advice on this, please help me!

Thank you very much in advance

sureshk

tehn00p wrote: »

Hey all, could someone give me some advice, been away from this for a couple of days.

I have had an open case with three for 2 weeks now due to the price rise and the traffic sense. They claim the price rise is rpi and it is covered under the contract. Is this true?

I also complained about trafficsense, which has since been pulled and is claimed to be a "trial", load of @#?! if you ask me. All they were willing to do on the basis of the Trafficsense part was 2 months of service for free, I didn't take them up on it and said I will be seeking further action. Taken 2 weeks to get that far from the executive office.

Can anyone give me a mini update on how you are intending to get out of your contracts? I am a student so I can't pony up the insane cancellation charge (£400-£500 odd). I have an iphone, and in 10.1.d of the iphone contract it only says "detrimental", not "materially detrimental".

I would appreciate some advice on this, please help me!

Thank you very much in advance

Technopoop - I believe there are 4 ways you can get out of the contract:
1. Keep badgering 3 until they give up (not likely to happen)
2. Don't pay the bills (not recommended)

Assuming 3 don't let you cancel:
3. Cancel and pay the ETC under protest then sue them in Small claims court for the cost back
4. Continue the contract under protest then sue them for breach of contract for the remaining cost of the contract

Option 1 is unlikely to get you anywhere, as 3 will just delay you until you are deemed to have accepted the contract by staying with them.

Option 2 will ruin your credit record and land you in court most likely

Option 3 will cost you upfront, and you risk not winning in court (if 3 actually contest it)

Option 4 you risk not winning in court (if 3 contest it), and 3 could potentially try to charge you with a cancellation and ETC under section 10.2 (ii) by saying your communication with 3 is of an unacceptable nature (although I think this would be easily contestable in a court of law as long as you remain amicable throughout).

As always, seek independent legal advice.
Free legal aid is available for those with low incomes, perhaps such as yourself. Go to the directgov website for more info, or google free legal aid or something like that.