Help, legal issues with THREE network

Pete207

Hi, my fianc!e took a contract with 3 on Wednesday. They ran a credit check, which she passed and got her phone from in store. The phone wasn't activated, and after a lengthy conversation over the phone she was told to return to the store and get a new SIM card. When she arrived she was told another credit check was in order, which she failed.
Now the tricky bit, they are requesting the phone back, and need the card it was paid on, even though only £1 was transfered for activation. However, on closer inspection of the recept, it seems that in bid to get a contract set up that night (quiet day perhaps) they have charged out £649 for the phone and given a 100% discount. Now I think I know why they panicked.
Does that phone belong to her? Or in the eyes of the law, is it theirs?

Exemplar

Wow that's a weird one. The price of the phone on the receipt is probably the retail cost (£649) and its 'on tariff' price of £0. Quite unusual but understandable. They are discounting the phone by 100% as you have taken out a suitable tariff with them.
I would ask to speak to the branch manager and ask them to sort this whilst in store. Get them to do the running around for you. If you feel that you need to take it further send a recorded delivery letter immediately (I.e. tomorrow..) to the 3 head office address. State exactly what has happened and give them 7 days from the receipt of the letter to sort it out. State that the phone is with you and unused and you welcome them collecting it from you at their expense if required.

Exemplar

Sorry... To add to this you are confusing the issue with the 'who does the phone belong to'. I know what you are thinking.. 'Wahoo free phone'. Don't let that muddy your judgement. Not knowing the full ins and outs of the law I cannot state who it belongs to but would you want to get into trouble over it?

Guys_Dad

They probably still have the card number. Why do you think they charged it £1?
You keep the phone - they might hit the card with the cost of the phone.
You dispute the amount, and they record on your credit record you are in default.

Easy for them to argue that the free phone was part of a larger transaction.

Do you really want to take that chance, particularly as you really know you have no right to it without the airtime contract.

Pete207

That's for the all the replies!
It might sound like I'm jumping for joy but I just want a phone contract that I don't have to take out for her. She has a good credit rating on experian and has never missed a payment on anything. The fact she passed the first check, and they forced her to do another is surly their problem. We have a copy of the contract signed by the manager.
Also, the receipt actually says,
iPhone 4S W £649
Discount £649
Although its obvious, it doesn't state what the discount is for, or say its because of a contract.
If they have to honour the signed contract at least then I will be happy. Anyone know?
Thanks!

Guys_Dad

Pete207 wrote: »

That's for the all the replies!
It might sound like I'm jumping for joy but I just want a phone contract that I don't have to take out for her. She has a good credit rating on experian and has never missed a payment on anything. The fact she passed the first check, and they forced her to do another is surly their problem. We have a copy of the contract signed by the manager.
Also, the receipt actually says,
iPhone 4S W £649
Discount £649
Although its obvious, it doesn't state what the discount is for, or say its because of a contract.
If they have to honour the signed contract at least then I will be happy. Anyone know?
Thanks!

Look on this as a lucky escape. Three's customer service is not good and ending a contract with them is a real trial.

Pick a decent network or try Tesco if credit checking is a problem.

Pete207

Maybe your right Guys Dad. Credit checking shouldn't be a problem, we recently bought a house and changed addresses though, so possibly the problem.
Either way, when she drives home crying about how the manager humiliated her in store by telling her she failed the credit check and told her she has to bring the phone back, and scaring her with debt collector BS then I at least want my money's worth for the hassle.

Harald

If she received a phone and papers it means the agreement (contract) has been signed. Now she should expect that Three will fulfil the agreement.

She can now expect Three will explain situation, preferably in writing. Three already failed to activate SIM card, which is breach of the contract.

Pete207

Well I've received a call today, after the manager decided to speak to customer services. Unfortunately there is apparently nothing they can do, and do require the phone back.
I take it networks also have a cooking off period in which they can decide to not deal with a customer. Given we have signed receipts and a signed contract from 3 themselves I must be missing something. How are they able to take it back?

grumbler

They don't have a cooling off period and they are not able to take it back unless they sue you (unlikely). Even if they do, they are unlikely to win as it wasn't your fault that the contract was terminated.
However, they are able to trash a credit file (unlawfully) and then it will take you long time and efforts to force them to correct this.

Pete207

How would they be legally able to sue though? I'm willing, and want to have my contract. One which is signed by all appropriate parties.
It's a complete nightmare, considering just handing the phone over and being done with them.
What's the point in binding contracts these days if there not, well, binding.