'3' breaching my contract

Mind_Overload

Back in Sept 2012 I upgraded to a Samsung Galaxy S3 via there website.

I opted for £31 contract for 2 years. ( I had a limit of £30 max in mind but was happy with this deal)
I only noticed the last couple of weeks but they have been charging me £33 every month.

I contacted them and they said everything there end says £33, I explained I had a order conformation on my email stating clearly I signed up for £31 a month. they then asked me to email the document to Proofs team which I did.

A few days later a women come on saying it's defiantly £33 and there was never a deal for £31. I explained that I had all the proof and she kept going on about some mistake in the system etc and it was never a deal. I could not believe how shocked I was, she went off checked with her manager but there response was shocking. They are actually the most arrogant company I have ever dealt with. I honestly believed they would sort the mistake and say they would change it to £31.
I asked them to put it in writing on email so I had some kind of proof, this is there response.

---

This is in line with your recent conversation with us about the package cost of your account.

As per the proof you had sent, we checked with our relevant team about the offers with the Samsung Galaxy S III on The One Plan for £31. They reverted stating that at the time you had taken this contract, we didn’t have any such offer and I’m sorry if there was any confusion in this matter.

So the charges on your account are correct and we’d not be able to make any changes to it.

---

Obviously I am very angry. I have had some other serious problems with 3 before, but not breaking a contract.
I know I am thinking a bit crazy here but I actually feel like cancelling my direct debit, what would happen there? risk of blacklisted/court action down the line? but surely I have plenty of proof to back up what they are actually doing.

Am I any way within my rights to cancel a contract if they have breached it? I would love to get out now, I have been pushed to many times over the years

Many thanks

Buzby

They are not breaking a contract. Have you read the terms? Pricing forms NO part of it, as tariffs can (and do) change. Even if you believed your rate was £31, and the next week it went up to £33, they can give you 30 days notice and the new rate applies.

As to your proof - I'm not sure what your proofs were, as the price you pay would be for the Tariff and any additional options that formed part of it. You will have been sent a welcome letter (to 3UK) stating your obligations, contract length and cost, as well as the DD account and amount to be taken.

Why did you not challenge this at the time if it was incorrect?

Lastly, if you stop paying, they will initially show the late payments, and if the service is cancelled a default. This will remain on your credit file for 6 years. It will be treated in much the same way as a CCJ, so will be a powerful disincentive to your financial planning until it becomes time barred.

For a £2pm difference, your point of principle (whether justified or not) will result in great inconvenience for a long time. By all means continue to feel ripped off if you must, but complete the deal and leave by giving notice when you can.

That way, your credit history is unaffected, and no damage will be done.

grumbler

Buzby wrote: »

They are not breaking a contract. Have you read the terms? Pricing forms NO part of it, as tariffs can (and do) change. Even if you believed your rate was £31, and the next week it went up to £33, they can give you 30 days notice and the new rate applies.

If so, the OP has the right to terminate the contract without any charges and go away with the phone.

As to your proof - I'm not sure what your proofs were, as the price you pay would be for the Tariff and any additional options that formed part of it. You will have been sent a welcome letter (to 3UK) stating your obligations, contract length and cost, as well as the DD account and amount to be taken.

Rubbish. The e-mail confirmed the order and the cost of the tariff.

Mind_Overload

Thanks for your reply. I was already a 3 customer and upgraded again. All of my paperwork shows 31 pounds a month, they have never charged me 31 pounds EVER, it has always been 33 pounds. So the amount has not gone up, it has been incorrect from the beginning.

I understand about prices going up, I was once on a 30 pound contract and 2 years later they put it up to 31.65 due to rising costs.

I'm really confused here, you don't sign up to something and they add more on from the start do they?

Thanks

grumbler

Stick to your guns. Demand either termination or the confirmed price. Exhaust their complaint procedure, then complain to the ombudsman. Or just sue them for the total difference over 24 months.

Buzby

grumbler wrote: »

If so, the OP has the right to terminate the contract without any charges and go away with the phone.


Rubbish. The e-mail confirmed the order and the cost of the tariff.

Ah - I wondered when you'd add a surreal element to the debate!

What email? The contract confirmation letter is proof - where is this? An email is NOT binding, as a typo - if it happened - will not take precedence.

If the OP wishes to fry his credit file - this will happen automatically complaining to the ombudsman is a big thing with your interjections, but it rarely supports those who - having blown a gasket - do nothing to mitigate their problem.

Buzby

grumbler wrote: »

Stick to your guns. Demand either termination or the confirmed price. Exhaust their complaint procedure, then complain to the ombudsman. Or just sue them for the total difference over 24 months.

And if it all goes wrong - you know who to complain to!

shortcrust

Stop speaking to them on the phone and start writing letters. I don't know what the legal position is but in my experience this type of conflict is usually resolved in the customer's favour eventually if you keep on writing.

grumbler

Buzby wrote: »

Ah - I wondered when you'd add a surreal element to the debate!

What email? The contract confirmation letter is proof - where is this? An email is NOT binding, as a typo - if it happened - will not take precedence.

Are you saying that typos happen only in e-mails and never on paper?
Contracts don't have to be printed and signed. The e-mail is the only proof in this case. If '3' say that it was a typo, fine, the contract has to be terminated.

If the OP wishes to fry his credit file - this will happen automatically

Why are you saying this to me?! Have I said anything about stopping payments?

complaining to the ombudsman is a big thing with your interjections, but it rarely supports those who - having blown a gasket - do nothing to mitigate their problem.

That's why I advised to exhaust the internal complaints procedure first.


In fact I am surprised that you bothered to reply. Very untypical for you. Usually you just post some nonsense and never come back. It's not that I am saying that you post nonsense only.

Mind_Overload

Buzby I have a order conformation on paper stating what I will pay each month. what more do I actually need?

Im not going to cancel my direct debit but I do want to cancel my contract, it might sound like 2 pounds is nothing but I have been stitched up by 3 before and should of learnt.

Shortcrust advise taken. I actually talk to them more on email then phone because at least then I have proof of what has been said

I am actually going away travelling for 2 months on 5th Feb and cant see this getting sorted by then

Silk

Buzby wrote: »

What email? The contract confirmation letter is proof - where is this? An email is NOT binding, as a typo - if it happened - will not take precedence.

This one ..............

marcus-darkus wrote: »

I explained I had a order conformation on my email stating clearly I signed up for £31 a month. they then asked me to email the document to Proofs team which I did.