'3' breaching my contract

[Deleted User]

Was this the offer you took out?

https://twitter.com/ThreeUK/status/240794218728140801

Techhead_2

Silk wrote: »

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

You are making the same mistake as Grumbler . The contract is not normally formed at the point of order. An order confirmation has no more weight than if the OP had ordered a mis-priced item from a website and was demanding the mis-price.

What does matter is when the contract was formed; if the OP has the letter and it shows £31 then they should start the complaint procedure. With the caveat that because they have not acted to mitigate their loss then they may find the ombudsman might find in favour of the network.

Fifer

Techhead wrote: »

With the caveat that because they have not acted to mitigate their loss then they may find the ombudsman might find in favour of the network.

In what way has the OP not acted to mitigate their loss?

Silk

Techhead wrote: »

You are making the same mistake as Grumbler . The contract is not normally formed at the point of order. An order confirmation has no more weight than if the OP had ordered a mis-priced item from a website and was demanding the mis-price.

???????????? What mistake ?
I was replying to Buzby who wanted to know where the contract letter was and the answer was it was copied and emailed to them.
However as you bring it up a service contract is concluded the minute the service is used.
The OP signed up to the offer on the website at £31 the paperwork received also confirms it was £31.
Even if it was a missprice the OP would have to been given a fresh set of paperwork with the correct figures. In the same respect if it was a price increase the OP would have to be informed of it and given notice.

Techhead wrote: »

What does matter is when the contract was formed; if the OP has the letter and it shows £31 then they should start the complaint procedure. With the caveat that because they have not acted to mitigate their loss then they may find the ombudsman might find in favour of the network.

I think you will find thats exactly what the OP has been trying to do since it was discovered :rotfl:

Buzby

marcus-darkus wrote: »

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

Where is your confirmation of obligation? Normally this appears as a 'Welcome to Three' 2 page letter. This outlines ALL the elements concerning your contract (taken from their activation system). If there are differences between this and what you agreed previously then this is the time to resolve it. Not let things roll unchallenged.

Techhead_2

Silk wrote: »

???????????? What mistake ?
I was replying to Buzby who wanted to know where the contract letter was and the answer was it was copied and emailed to them.
However as you bring it up a service contract is concluded the minute the service is used.
The OP signed up to the offer on the website at £31 the paperwork received also confirms it was £31.
Even if it was a missprice the OP would have to been given a fresh set of paperwork with the correct figures. In the same respect if it was a price increase the OP would have to be informed of it and given notice.

I think you will find thats exactly what the OP has been trying to do since it was discovered :rotfl:

The OP had only just noticed the mistake ( several months down the line) , they have not acted in a way to minimise their loss. It could even be argued; by an uncharitable person, they have accepted the mistake.

I believe there is still some confusion here, the order confirmation email simply lists what the OP orders. At that point the contract hasn't been formed. The OP says they sent the order confirmation email; its no wonder Three won't ' honour ' that. In the same way you can't force a retailer to honour a misprice.

It all depends what the actual paperwork says and when the contract starts. As I said, if the OP has this then they should follow the complaint procedure and three should put them back in the position they were before the mistake.

Silk

Techhead wrote: »

The OP had only just noticed the mistake ( several months down the line) , they have not acted in a way to minimise their loss. It could even be argued; by an uncharitable person, they have accepted the mistake.

Rubbish !
In these days of Quarterly bank statements the OP would only have just noticed.
The OP took out in Sept so as soon as he discovered he brought it to their attention. Makes no difference as a claim could be made within 6 years anyway.

Techhead wrote: »

I believe there is still some confusion here, the order confirmation email simply lists what the OP orders. At that point the contract hasn't been formed. The OP says they sent the order confirmation email; its no wonder Three won't ' honour ' that. In the same way you can't force a retailer to honour a misprice.

The contract has already been concluded at that point I'm afraid. It was an upgrade and a service contract which is concluded the minute the service starts.
Correct regarding the missprice ...however the retailer cannot force the customer to accept at the correct price either ! It works both ways.

Techhead wrote: »

It all depends what the actual paperwork says and when the contract starts. As I said, if the OP has this then they should follow the complaint procedure and three should put them back in the position they were before the mistake.

Exactly which is what the OP is doing at the moment as it seems the confirmation states £31
If thats the case the Op would be able to get the contract reverted back to £31 or have the option to cancel at no cost. Failure to do so would make the OP able to sue for the cost of the remaining contract if they insist on cancelation fees etc.

Techhead_2

Silk wrote: »

Rubbish !
In these days of Quarterly bank statements the OP would only have just noticed.
The OP took out in Sept so as soon as he discovered he brought it to their attention. Makes no difference as a claim could be made within 6 years anyway.

The contract has already been concluded at that point I'm afraid. It was an upgrade and a service contract which is concluded the minute the service starts.
Correct regarding the missprice ...however the retailer cannot force the customer to accept at the correct price either ! It works both ways.


Exactly which is what the OP is doing at the moment as it seems the confirmation states £31
If thats the case the Op would be able to get the contract reverted back to £31 or have the option to cancel at no cost. Failure to do so would make the OP able to sue for the cost of the remaining contract if they insist on cancelation fees etc.

I'm not sure what quarterly bank statements have to do with not monitoring your bank account or checking a newly arranged contract.

The order confirmation comes at the point of order, which is before the contract begins and before service starts. It is no more than an acknowledgement.

The OP cannot " get the contract reverted back to £31 or have the option to cancel at no cost". The OP can be put back into the position they were before the mistake.

Guys_Dad

The OP agreed an upgrade at £31 per month and claims to have proof of, this in writing. Three charged a higher amount. In any contract the price is a material factor. If Three do not revert to the original offer then OP has right to cancel.
However this may be easier said than done with an uncooperative company that can easily trash credit record.

Surprised some of you don't seem to know basic contract law.

Buzby

When Three create a contract, the customer is sent written confirmation of the tariff selected and the minimum term. It matter not a jot that it is an upgrade (same customer number) or a new arrangement (an additional customer number). This confirmation - if it varies from the customer's understanding of he arrangement entered into, THAT is the time to challenge and seek clarification/rectification.

This company always sends immediate confirmation and, I must say, has one of the clearest proceedures ensuring that if mistakes occur, they are spotted and addressed quickly.

Of course, it is not unknown for people not to read these letters (regarding them as junk mail, perhaps?) and then down the line when they believe something is wrong assert that they have been misled, or defrauded. Better yet, a !!!! & bull story is invented in a effort to get it of a legitimate agreement!

Next, your assertion that price forms part of the contract. It might for some, but certainly not for mobile ones which have never to my knowledge included them (and I'm going back to 1984 with a Cellnet transportable.

The contract is for SERVICE, but the cost is based on the TARIFF which is a separate issue, as prices/bundles and call charges can and do increase. I noticed from 1995 networks preferred not to increase prices, but brought out new tariffs that had higher rates, whilst customers who did not change benefitted from the original rates. (A case in point being Mercury One 2 One, which offered FREE off-peak calls). Quite a black market built up with customers selling these handsets with the free call package until it was eventually retired).

As for basic contact law - I'm more surprised that people don't read the contract at all, as all this nonsense about 'fixed term' costs is just bluster - the contract will not explicitly state costs, so expecting to walk away when the price increases as a 'right' is misjudged. Consumers (only) will be able to point to the RPI and if in excess of this, get a waiver. Business users will have to take it in the chin.