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Contract legalities with Three?

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Celtic67
Celtic67 Posts: 25 Forumite
Part of the Furniture 10 Posts Combo Breaker
Hi all,

I have 2 handsets from 3. I originally got 12 month contracts through a 3rd party. At the end of the contract I rang 3 to switch to PAYG. They made various offers, new handset, 6 months credit, etc, but I don't use the phones much & refused. At this point I was also told that after 6 months I could downgrade the contracts from £30 per month to £15 per month. At this point I agreed.

As the 6 months approached, I rang 3. Initially they wanted to charge me £25 per contract to downgrade but soon dropped that. They then insisted that the £15 per month contracts are only for new customers and the best I can get is £25 per month. I've written & threatened to cancel my direct debit but they flatly refuse to honour this.

I'm now ready to cancel my direct debit but wondered if anyone knew the legalities of the contract. I never signed anything for this new contract. 3 claim that by receiving the new handset I've agreed to another 12 months, but surely that's only on the terms offered over the phone, ie the option to change to £15 per month?

Am I really just fighting a losing battle, where I have to just bite the bullet, see out the contracts, then ditch 3 as quick as possible?

Comments

  • rash.m2k
    rash.m2k Posts: 990 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Give the phone back???? Anyway I wouldn't cancel DD because you could get into trouble.
  • Celtic67
    Celtic67 Posts: 25 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    rash.m2k wrote: »
    Give the phone back???? Anyway I wouldn't cancel DD because you could get into trouble.

    How will giving the phone back help? The only way they'll cancel the contract is if I pay a cancellation fee higher than the rest of the months I have left.

    The getting into trouble is basically what I'm getting at. My original, signed for contract ran out last year. I never signed up to this new contract, so is it legally binding?

    If they have a recording of me accepting then they also have their employee offering me the chance to switch down to £15 per month after 6 months.
  • rash.m2k
    rash.m2k Posts: 990 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I don't understand what you are saying. First you said you got 2 contracts from 3 (via 3rd party) - OK. Then you transferred them to PAYG. So whats the 'after 6 months I can downgrade' bit about??
  • Celtic67
    Celtic67 Posts: 25 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    No, I wanted to go to PAYG. Rang them up to do this & was persuaded by their offer of a new handset, 6 months line rental free & the ability to switch to £15 per month after 6 months to take a new 12-month pay monthly contract.

    I agreed verbally on the phone, based on what they offered me. They say nobody would have offered me the £15 per month, I know they did. They say I am in a new 12-month contract, I want to know how binding it is if I never signed anything.
  • rogerramjet
    rogerramjet Posts: 1,388 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    They would have probably recorded the call so ask for a transcript of the conversation. if they refuse to give that or say there isn't any record then there is no record that they actually spoke to you at the time and therefore possibly no binding contract as the record of the call would be used to identify you had agreed to take on the new term.
    Welcome, rogerramjet.
    You last visited: 01-01-1970 at 01:00 AM
  • Celtic67
    Celtic67 Posts: 25 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    That's what I thought. They previously said they had no record when I told them to go & listen to what I'd been offered.

    During one argument with them I said I hadn't signed anything. They said I'd agreed verbally, so I asked if they had a recording of this for proof & they said yes. I told them to go listen again, hear what they'd offered me & then they could honour that. They just sent another letter saying I'm under contract. I don't think they've got a sound case.
  • rogerramjet
    rogerramjet Posts: 1,388 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You maybe better off writing to them expressing your concerns, see if you can find the name of someone who is head of department for complaints and ensure you address the letter to them "private & Confidential" and ensure "addressee only" that way, it should go straight to that person unopened. Keep the letter as factual and polite as possible but make sure you get all the points across. It maybe worthwhile requesting transcripts of the letter and also point out that up until this issue you have been pleased with the service and recommended their network to friends and family, be reasonable with them and there is the possibilty that they may bend slightly and come to some agreement with you.

    On a side issue,
    If you cancel the direct debit, they will still chase you for the outstanding contract amount, which would eventually result in them handing the case over to a debt collection agency, this could then result in CCJ's against you and the balifs coming to reposess items from your home to cover the loss and their fees.
    Welcome, rogerramjet.
    You last visited: 01-01-1970 at 01:00 AM
  • z4kir
    z4kir Posts: 455 Forumite
    try emailing their exec office on executive.office@three.co.uk and address your email to Mr Bob Fuller (3's CEO).
    SLC: £13000+

    Quidco
    : £
    131.24 (paid) + £0 (validated) = £131.24
    Valued Opinions
    : £75 (paid) + £52.30 (received) + £4.50 (pending) = £131.80
    StudentPanel: £25
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