Three Mobile price-hike: customers may be able to cancel contracts without penalty

matrix999

digp wrote: »

Would be pleased to learn how you managed this.

Were you on the iphone contract also?

I'm also on an iPhone contract.

I called 333 and the first advisor told me that they couldnt assist with the enquiry and that a special team had been setup to take these type of calls.

On getting through to this team i spoke to someone called "Jennifer" Indian call centre by the way who was as much use as a chocolate tea pot....

I made Jennifer aware that i was not happy about the charges and wished to excercise my right to cancel my contract under sec 10.1 etc etc...

She went on to say that as its an RPI increase i cant cancel..blah blah blah..

Raised a complaint and a manager called me back, her name was "Michelle" I right.... lol :rotfl:

She was useless as well, having no idea whatsoever about the terms and conditions she passed me to the cancellations team.

On getting through there i must have spent the best part of 50 mins on the phone simply asking for my PAC... The advisor eventually said that i would have to pay my ETC upfront to get the PAC, i explained the OFCOM rules regarding PAC issue and she put me on hold to ask her manager if she could give out the PAC and she came back and said she could but the ETC would still be applied to the account.

I said fair enough, and have drafted a letter to Three's head office explaining that i will not be paying the ETC and see you in the court if you want to contest it!

Buzby

Risky. You won't be taken to court, but your credit file will be defaulted so a very risky strategy. The, it is YOU who have to raise an action in the hope you will win, and with no precedent set previously, you'll be in the same boat as the Don....

Then tbere's the debt collectors to contend with, as the network will sell off your account and the real nonsense begins.

matrix999

Guys, sorry just noticed a wee mistake in my last post from earlier. I said i didnt have to pay the ETC what i should have said was i didn't have to pay the ETC at that particular moment on the phone and that it would still be added to my account, but i did get my PAC.

A_Flock_Of_Sheep

Buzby wrote: »

Risky. You won't be taken to court, but your credit file will be defaulted so a very risky strategy. The, it is YOU who have to raise an action in the hope you will win, and with no precedent set previously, you'll be in the same boat as the Don....

Then tbere's the debt collectors to contend with, as the network will sell off your account and the real nonsense begins.

I was under an impression that if your account is in Query or Dispute (as would be the case with this) that it must not be reported to a CRA as being either in arrears or in default.

The lender must use the code "Q" for any months that payment has not been made due to the account dispute or query and not simply hit the button to say you are overdue.

I was advised this when I disputed my Vodafone contract and withheld payment during that. In my letter to Voadafone I reminded them of their obligation to use code Q and any arrars code would be disputed via the CRA dispute system. I was advised of this Code Q by Equifax and they said they would intervene if any arrears codes appeared on my file.

Vodafone did use the "Q" code which has no impact on your credit rating and ultimately they cancelled my contract penalty free and the account was marked as "settled".

It may be worth obtaining the address and details including a phone number of the department in Three that "sends" information to the CRA's. I would imagine that it is based in the UK somewhere.

matrix999

A_Flock_Of_Sheep wrote: »

I was under an impression that if your account is in Query or Dispute (as would be the case with this) that it must not be reported to a CRA as being either in arrears or in default.

The lender must use the code "Q" for any months that payment has not been made due to the account dispute or query and not simply hit the button to say you are overdue.

I was advised this when I disputed my Vodafone contract and withheld payment during that. In my letter to Voadafone I reminded them of their obligation to use code Q and any arrars code would be disputed via the CRA dispute system. I was advised of this Code Q by Equifax and they said they would intervene if any arrears codes appeared on my file.

Vodafone did use the "Q" code which has no impact on your credit rating and ultimately they cancelled my contract penalty free and the account was marked as "settled".

It may be worth obtaining the address and details including a phone number of the department in Three that "sends" information to the CRA's. I would imagine that it is based in the UK somewhere.

That's very useful info..

zkw29

That was an interesting read. I'll need to try and follow the case. I've just sent them another reply using some of the points made to back up my argument.

Interestingly (or not), the automated acknowledgement email they sent back was different this time. One difference was that I'll get a reply within 5 days instead of the usual 72 hours. I wonder if that means they're getting a lot of complaints about this and have a backlog.

ferrit44

Just called 3 requesting a PAC code. Pretty much went like this;

Me: "Can I have a PAC code please"

3: "You still have 13 months left to run"

Me: "Can I have a PAC code please"

3: "You need to pay an ETC fee up front before I can give you any PAC code"

Me: "According to Ofcom I don't"

3: "Er er er er it wouldn't be in your best interest to cancel as you'll have to pay a large termination fee"

Me: "Good luck in taking me to court for that"

3: "OK, here is your PAC dode"

... Now, i'm not 100% sure I can be bothered with the hassle of actually cancelling the contract and fighting to get my credit history cleansed of these jokers. Just irks me that they come up with some garbage about paying up front for a PAC code.

Guys_Dad

ferrit44 wrote: »

... Now, i'm not 100% sure I can be bothered with the hassle of actually cancelling the contract and fighting to get my credit history cleansed of these jokers. Just irks me that they come up with some garbage about paying up front for a PAC code.

Regrettably it's not "garbage" till the court rules against them and their t&c. Their employees are following instructions - and are right to do so as they have no discretion to overturn the company's t&c (and I suspect you didn't really expect them to roll over at this stage, eh?).

And, as far as being jokers, then they join the list of the other major networks who all have raised prices mid-contract, the only difference being the current dispute over their contract wording. Back to carrier pigeons and land-lines maybe?

Looks like you will all have to wait and see what happens if the SCC case goes against them. And, as said before, although this may set a sort of precedent you may wish to quote, it will not be a legal precedent that any future court would be bound by, if it is dealt with in the SCC.

grumbler

Well, a court decision is not needed to stop them demanding the ETC paid before the PAC is issued. They know well that it is against regulations but keep doing this because they know that the majority of customers don't know the regulations. Are they right to do so?

Quentin

Guys_Dad wrote: »

Regrettably it's not "garbage" till the court rules against them and their t&c.

This particular garbage they are spouting is not related to any court case, or the contract ts + cs!

It is a cynical tactic aimed at "ignorant" customers unaware of the PAC rules.

As shown by the way they quickly backed down and gave out a PAC to a customer who was aware of the PAC "rules".