Hopping Mad with Three

Soz

hi Can anyone offer advice. My son renewed his contract with Three after being advised that he would get a 'fresh' Galaxy S III. He was sent a refurbished phone which was sent back after he explained that he was never told that it would be refurbished. They apologised and said that they would send out a new phone. Two days later a phone arrived in a battered Samsung box with a Three sticker stuck on the end. Inside was the phone and inside the phone was another persons pay as you go sim (my son is on contract). He rang Three who said the the phone would work and told him to set it up with his details on. The phone still does not work and they won't (thus far) allow him to cancel the contract as he should be able to do as he was still with in the 7 days grace period. They say that he has used the phone (they told him to). We have asked for a transcript of the original call but they say they haven't got it!!!

Any ideas as to how to proceed? Thanks

MrSilk

Don't think there is a 'grace period' for upgrades.

Best to raise a complaint. But bare in mind they are not under obligation to supply a 'brand new' handset, the contract is for the 'Sim' only - not the handset.

Soz

Hi, thanks for taking the time to reply but the contract was for a new phone my sone wanted to keep his old number and the Three shop actually said that there was a 7 day grace period.

MrSilk

You're welcome.

That's an upgrade, as mentioned in my previous post, there is no grace period on upgrades, whether done online or in store. I'm sure someone will pass by this thread in a bit and clarify this.

Silk

Whilst there is no grace period as such there is an issue for faulty goods, so if it's faulty it needs rejecting
Return the phone and request a replacement not a repair as it was faulty on arrival

MrSilk

What exactly is the fault??

Silk

MrSilk wrote: »

What exactly is the fault??

Sounds like a second hand bit of tat that has not even been checked to me....... it needs rejecting regardless what the fault is

thatsean

Who told you about the 7 day grace period - it wouldn't apply to an upgrade as you're continuing an existing contact.

Assuming that you were happy with the deal (as you agreed to get teh phone you must have been), why aren't you requesting that they deal with the issue of sorting a replacement?

diamonds

A upgrade is not a continuing contract, its a re-contract. SOG Act applies to faulty goods, online & telesales upgrades still need to abide by Distance Selling Regulations.

Silk

diamonds wrote: »

A upgrade is not a continuing contract, its a re-contract. SOG Act applies to faulty goods, online & telesales upgrades still need to abide by Distance Selling Regulations.

What on earths a "re-contract" ???
Theres no such thing

Buzby

DSR doesn't apply either as the contract is for service the phone is an 'inducement'. So if it was provided FoC it can be returned for a full refund (£0.00) but the contract is unaffected.

The root cause here is the revised deal for the upgrade. You'll know it isn't a new contract as his customer number (A/c) will not have changed. They will have reimposed the minimum term as the 'cost' for agreeing to stay with them for another stint.

As for them supplying a 'new' handset - was this stipulated anywhere? Or simply assumed? The reason is a refurb still has value and should be in full working order, a new handset is seldom provided unless a genuine new contract. If there is a fault, it needs to be rectified but not simply because it is a refurb and you didn't want one.