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Trying to cancel 3 mobile contract

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sangupt
sangupt Posts: 55 Forumite
I took out a 12 month SIM only (£12p.m.) contract with three just a few days ago (I’m still within the 14 day cancellation period). I wanted this for my son who is allowed the most basic phone at his school.

When the SIM came it would not work on his phone. I tried it on my wife’s HTC and it worked and I guess that it automatically downloaded some data, probably the weather data that is displayed, from the net. I took out the SIM and then found out that the 3 SIM works only on 3G phones and my son’s phone does not support 3G (though my previous contract was with Vodafone and their SIM works just fine on the phone).

I don’t plan on buying a 3G phone for him as the phone would most likely come with a camera and this is not allowed in his school - which is reason he was using the most basic phone to begin with). When I tried calling customer support to cancel the contract, they said that I needed to call on an 0844 number (5p/min) as I had bought it online. I called the 0844 number and they kept on transferring me form I department to another as everybody said they could not cancel it. When I was finally transferred to the right dept. they told me that since I had used the internet, as per their T&Cs, I would have to pay an early disconnection charge of almost £100!! I asked them how much I had used and the guy said 1 BYTE!!! (I don’t believe that, I’m guessing it’s more like 1 kB). By this time I had been almost half an hour and lost my patience. I asked him to let me speak to a manager and the e-mail of their customer services. He REFUSED to give the email insisting that it would not solve my problem. Then he put me on hold and after a good 20 minutes or so, can back on and said the manager was busy and would call be back within the next 72 hrs.!! Needless to say, its been more that that and I haven’t heard from them yet.

This is the worst customer service experience I’ve ever had. Can someone please advise if there’s anything I can do? Or am I stuck because of the T&Cs.

Sorry for rambling on.

Regards
Sanjay
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Comments

  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Are you stuck because of their t&c? Well, yes.

    Your mistake was two-fold (at least). You didn't read the t&c before you took out the contract and you didn't check that his handset would work on 3's 3G-only network.

    I suggest that you go into CPW and see if you can get a cheap 3G handset that doesn't have a camera. I am very surprised that there are schools around that don't have any pupils with smartphones, given that smartphones have cameras!

    Alternative, buy a PAYG sim from Voda/O2/Orange for his current handset and let him take that to school for emergency use, then get him a handset for use with his 3 sim as his main phone. THe PAYG sim should last a year for £10, then get it sorted out next June.
  • sangupt
    sangupt Posts: 55 Forumite
    Thanks for the post. Just because pupils carry around smart phones, it doesn't mean they are allowed by schools. My son's school has a policy of Saturday detention + confiscation in case the student is caught using a camera phone.

    Further, while you are quick to point out my mistakes, please tell me if anyone would normally check that a SIM would work in a phone or not specially given that another supplier's SIM works fine? T&Cs must be followed, but sorry to say this is a major rip-off. Charging "early termination" fee of ~ £100 (on a £120 total contract value) for inadvertent usage of a (surely) very tiny amount of internet is ridiculous!!
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It will be cheaper to buy a 3g phone with camera and to block the camera permanently to satisfy the school's requirements.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    sangupt wrote: »
    Further, while you are quick to point out my mistakes, please tell me if anyone would normally check that a SIM would work in a phone or not specially given that another supplier's SIM works fine?


    Well, probably not with any network except 3, who made a great point at launch time of ONLY being a 3G network. I would have checked that the handset was 3G.

    I may have been "quick to point out your mistakes" but I also gave you a couple of solutions to minimise your exposure and take advantage of your commitment.

    On the matter of "only 1 Kb", try leasing a new car, driving one mile, then asking the dealer to cancel the contract. No difference, I am afraid.
  • gravitytolls
    gravitytolls Posts: 13,558 Forumite
    Sorry, but it's all true. My phone contract clearly stated that I could cancel and return the phone in UNUSED condition. As with all distance selling, I could inspect the phone, handle it, read the booklet to be sure it suited me, but if I used it, I was basically accepting it.

    Maybe your wife could use the sim and perhaps if she has a non 3 sim, he could have that?
    I ave a dodgy H, so sometimes I will sound dead common, on occasion dead stupid and rarely, pig ignorant. Sometimes I may be these things, but I will always blame it on my dodgy H.

    Sorry, I'm a bit of a grumble weed today, no offence intended ... well it might be, but I'll be sorry.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    sangupt wrote: »
    ...T&Cs must be followed, but sorry to say this is a major rip-off. ...
    Yes, it is a rip-off with '3', but is the case of "take it or leave it". Most likely you have not checked the Returns Policy before checking the sim card. If you did, you'd be more cautious or switched the data off in the phone. BTW, was the phone not on WiFi at home?
  • sangupt
    sangupt Posts: 55 Forumite
    Guys Dad

    From grumbler's post it looks as if a "cheap 3G phone" might not be easy to find, and your 2nd solution also involves buying a new phone which I don't want to!

    I don't about leasing a car, but since everybody has a smartphone which downloads some data the moment you insert a SIM - it means you have technically "used" it when it arrives. By this logic no one would ever be able to cancel their contract within the cooling period??? or is it only 3 who have such T&Cs??

    I know you are trying to help, but we are digressing from my main query - is there any way (that you know of) of cancelling this contract without having to pay £100?
  • sangupt
    sangupt Posts: 55 Forumite
    Sorry, but it's all true. My phone contract clearly stated that I could cancel and return the phone in UNUSED condition. As with all distance selling, I could inspect the phone, handle it, read the booklet to be sure it suited me, but if I used it, I was basically accepting it.

    Maybe your wife could use the sim and perhaps if she has a non 3 sim, he could have that?

    I'm not sure how this would work? Both of them would have new (changed) numbers then which would be an even bigger nightmare
  • sangupt
    sangupt Posts: 55 Forumite
    edited 13 June 2012 at 3:27PM
    grumbler wrote: »
    BTW, was the phone not on WiFi at home?

    Since you turn the phone off to insert a new SIM, you have to wait for it to boot before you can turn wifi on. It is during this time that my phone updates stuff (I don't know what else but surely the weather) for which it uses the mobile network.
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