3-Network refusing to cancel new contract still within 7 day period

Silk

desperate101 wrote: »

Received said phone on 19.07.2013 and used it until 22.07.2013.
Phoned up today (23.07.2013), still within 7 days, to cancel the contract and send the phone back as it is rubbish and unsuitable for my needs.

The DSR's are 7 working days which starts following the day you received the phone which means you have till the 30th to inform them you wish to return the phone

desperate101

Seriously thank you all so much!
Knew I came to the right place with this.
Now my predicament is that they are point blank refusing me to send the phone back and not willing to give me a return address.
What now?
Told them several times on the phone that I wish to cancel, emailed them from their website form, even posted on their facebook page(no reply).
Is that enough?
Ideally, I would have liked to send an email to an actual email address and posted an actual written letter recorded delivery to a physical postal address, but have trouble finding these.
Once this is done, am I right in just keeping the phone in it's box and follow the steps in the Which guide and maybe take the phone with me when it all eventually goes to court?
Really appreciating all the help and input I am receiving here.

Buzby

It will only go to court if you initiate it. They don't want a secondhand phone so if your hope that sending it to them would lose your obligations, it would not.

If you don't pay your account, it will automatically be defaulted and fry your credit file for 6 years - all without having to take you to court, they get the equivalent of a CCJ and sell on the debt.

desperate101

It will only go to court if you initiate it.

That is exactly what I am going to do - take them to court.

so if your hope that sending it to them would lose your obligations, it would not.

No that is not the case. They are breaking the law and shouldn't be getting away with it. I want to send it back so that they have it back within 7 days, together with my letter, so that I keep myself on the right side of the law.

If you don't pay your account, it will automatically be defaulted and fry your credit file for 6 years

Fortunately I couldn't care less. Have lived the last 8 years without credit (apart from this very phone contract) and it is great freedom. Live simple, only spend what you have in your hand.

But not everyone is in my position and companies like THREE need to be taken on in court, challenged for their behaviour and have the (law) book thrown at them by a judge. That is how and why we have consumer protection laws in this country.

Silk

desperate101 wrote: »

No that is not the case. They are breaking the law and shouldn't be getting away with it. I want to send it back so that they have it back within 7 days, together with my letter, so that I keep myself on the right side of the law.

Under DSR's you don't need to return it within 7 days ..... The 7 days is just to notify them.
Under the circumstances of the way you want to play it probably best to inform them by recorded mail or email so you have proof of intention

desperate101

probably best to inform them by recorded mail or email so you have proof of intention

This is the problem - nowhere on their website can I find the appropriate postal address. Only a P.O. Box, which I think means it's not going to get signed for if I send it signed for via Royal Mail.

desperate101

nowhere on their website can I find the appropriate postal address

Actually just found all the details on threecomplaints.com

Herongull

Here is some useful stuff from Which?:

http://www.which.co.uk/consumer-rights/action/how-to-complain-if-youve-been-misled-by-your-mobile-provider/

http://www.which.co.uk/consumer-rights/problem/i-may-have-been-misled-by-my-mobile-phone-provider/

http://www.which.co.uk/consumer-rights/action/how-to-complain-to-the-ombudsman-about-a-mobile-phone-provider/

http://www.which.co.uk/consumer-rights/action/letter-of-deadlock-for-a-dispute-with-a-mobile-phone-provider/

Basically you have to go through their complaints procedure, and if that doesn't resolve it, go to the Ombudsman.

Keep records of everything including phone conversations (eg when, who, what was said). Write things down as soon as you can. Keep all letters and emails.

When this is finally sorted out, keep the letter of resolution in case they later "forget" and send round debt collectors.

desperate101

here is some useful stuff from which?:

http://www.which.co.uk/consumer-righ...bile-provider/

http://www.which.co.uk/consumer-righ...hone-provider/

http://www.which.co.uk/consumer-righ...hone-provider/

http://www.which.co.uk/consumer-righ...hone-provider/

basically you have to go through their complaints procedure, and if that doesn't resolve it, go to the ombudsman.

Keep records of everything including phone conversations (eg when, who, what was said). Write things down as soon as you can. Keep all letters and emails.

When this is finally sorted out, keep the letter of resolution in case they later "forget" and send round debt collectors.

thank you soooo much!!!
:t

Orrin

If you're happy with the airtime contact have you considered selling the handset and buying the one you originally wanted outright elsewhere?

Leaving the legal rights and wrongs aside, you might not lose much doing it this way and you could save yourself a lot of hassle.