MSE News: Three to raise mobile prices

tehn00p

sureshk wrote: »

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.

Thank you for the reply. Ideally if I was a few month months into my contract I would sell my mobile and use that to cover the fee so I wouldn't have to pay much. I have badgered three for two weeks about the price rise and the trafficsense, but as I said all I got was 2 months offered, which I didn't accept and told them how disgusted I was with their attitude. Unfortunately I don't think it's worth it to battle in court, if I had the time and money I might, but I'm hoping someone will have a breakthrough that can let us all out. Ideally I would get my pac and pac my bags (bad pun? ), but unless there is an easy get out of three free card that isn't going to happen for me I'll keep an eye on the events as they unfold. I assume most people in this thread are talking about taking option 3?

sureshk

tehn00p wrote: »

Thank you for the reply. Ideally if I was a few month months into my contract I would sell my mobile and use that to cover the fee so I wouldn't have to pay much. I have badgered three for two weeks about the price rise and the trafficsense, but as I said all I got was 2 months offered, which I didn't accept and told them how disgusted I was with their attitude. Unfortunately I don't think it's worth it to battle in court, if I had the time and money I might, but I'm hoping someone will have a breakthrough that can let us all out. Ideally I would get my pac and pac my bags (bad pun? ), but unless there is an easy get out of three free card that isn't going to happen for me I'll keep an eye on the events as they unfold. I assume most people in this thread are talking about taking option 3?

assuming 3 don't either let me cancel under 10.1 (d), or they simply choose to ignore my cancellation, then I will be pursuing option 3. fortunately I'm in the position that I can pay the ETC and then sue them retrospectively.

One thing I would recommend is sending a letter to 3 (make sure you get a copy and proof of delivery) - also send an email to their customer services dept because you will get a tracking number and receipt of delivery - outline your intention/request to cancel but that you feel you can't out of fear of reprisal from 3. This will give you something to bring to court if 3 publicly lose this fight. Whether this would work is not certain, but if you don't indicate in writing (with proof) that you wanted to cancel, you wouldn't have anything to fall back on later on.

tehn00p

sureshk wrote: »

assuming 3 don't either let me cancel under 10.1 (d), or they simply choose to ignore my cancellation, then I will be pursuing option 3. fortunately I'm in the position that I can pay the ETC and then sue them retrospectively.

One thing I would recommend is sending a letter to 3 (make sure you get a copy and proof of delivery) - also send an email to their customer services dept because you will get a tracking number and receipt of delivery - outline your intention/request to cancel but that you feel you can't out of fear of reprisal from 3. This will give you something to bring to court if 3 publicly lose this fight. Whether this would work is not certain, but if you don't indicate in writing (with proof) that you wanted to cancel, you wouldn't have anything to fall back on later on.

Hmmm, well I did send an email direct to the ceo's email and sent a copy to the executive office which made them escalate my complaint; the one I had the phone call about today. In there I explained about the price increase and the trafficsense with my wanting a penalty free cancellation under 10.1.d and will be keeping the phone. Don't know if I should send a fresh email or if that will be enough, sent about a week and a half ago. I'll see if I can dig it up later and re-read it.

digp

sureshk wrote: »

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

....

Again, I'm not a lawyer.

perhaps stop giving opinions about the law then?

grumbler

digp wrote: »

perhaps stop giving opinions about the law then?

So, can one give opinions only about what they were trained? Will this not make our lives too boring? Can I have my opinion about cooking or I have to rely on trained chefs only? My mother was not trained either.

frazefast

They finally conceded to giving me my PAC but are still completely ignoring 10.1 (d) I'm not a fan of still paying under protest then suing them though. I shall once again dismiss their claims for the full remaining cancellation charge, cancel my DD and risk a damaged credit rating. Each to their own though.

Quentin

frazefast wrote: »

...... I shall once again dismiss their claims for the full remaining cancellation charge, cancel my DD and risk a damaged credit rating.....

You do need to make sure that any charges due to them for this final month's rental/useage, (presumably your 30 day notice will not coincide with your nirmal billing "month"), are paid (by other means as you are cancelling your DD).

Then your only outstanding "debt" to them will just be the ETC which you will dispute. (In writing, recorded delivery)

frazefast

Indeed, I have paid for the forthcoming month. Forgive my ignorance, but what does ETC stand for?

KTF

Early Termination Charge

tehn00p

I think I'll inform them that from the next bill onwards I'll be paying under protest then wait to see what happens with this situation. I can;t afford the ETC or to sue them :P Would an email to their executive office suffice? Got any suggestion on how I should word it?

Thank you