Three (3) phone legal concerns!

Cerenia

Basically, my partner upgraded his phone from the webpage, and he recieved it on wednesday. He put in his simcard and saw that the font was impossibly small - I couldn't read it with glasses! We called up 3 to ask for an exchange, and they said "No", as apparently it had been personalised (only had the SIM in). We don't want to cancel the contract, we're happy to pay a admin fee in order to do it, but all we want is a handset with font that doesn't give a migrane trying to read it! We tried talking to them reasonably, and they still said no, but then we realised about the 14 day distance selling rights, which we started to discuss, and 3's response? "We understand you have rights, but they become void once the item has been used" (How can you see the phone when its sent from online without putting in a sim and turning it on?). Also they stated "If you wish to contact a lawyer, it is at your discretion".

Can they actually override the distance selling laws? Not sure what else to do, I regretably didn't study law, my partner's got information from a friend that studied law, but i'm just asking on information, any advice helpful, if you're going to start yelling and flaming, don't bother.

cheekyweegit

Hiya,

I know you bought your phone from "3" but I got mine from Carphonewarehouse online and thought this part of their cancellation policy in particular in relation to the distance selling regs might help you.

If within 14 days of buying your mobile phone you are not entirely satisfied, we will be happy to change your phone, network or tariff for you where permitted.

The original mobile phone must be returned in “as sold” condition with the original packaging and receipt within 14 days of receiving it. Exchanges are subject to stock availability and are limited to one handset, network or tariff exchange. If the price of the exchange is more than the original product, you will be asked to pay the difference or, where it is less, we will refund the difference in accordance with our refund policy. For details of our exchange policies on other products, please ask in-store.

The 14 day exchange does not apply to handsets sold without a network connection, hands-free units with earpieces that have been used, car kits once they have been installed, games, ring tones, downloads, Talk2Text, graphics, pre-pay airtime purchases (top-ups), handset exchanges on T-Mobile and Orange upgrades, network exchanges on T-Mobile and network exchanges on all upgrades. If the network operator requires a deposit for connection and we are exchanging your network, we will not be able to refund the deposit-you must request this from the network operator directly and you will be responsible for any pro-rated line rental, calls and other charges for the period of time the handset was connected. Network exchange is subject to you receiving credit acceptance on the new network.

This does not affect your statutory rights including where you are entitled to cancel your contract under the Consumer Protection (Distance Selling) Regulations 2000 (for sales via telephone, online or Sky Active) within 7 working days from the day after completing your order for services or receipt of the phone.

You should have been issued with a right to cancel with your phone, the times given for cancellation depend on your cancellation notice being issued. It can be anything from 7 days from receipt of the goods if the cancellation notice is issued with the goods, up to and including 3 months and 7 days if you have recieved no notice at all.

Have a read of this:-

http://www.out-law.com/page-430#Right

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf - a business's guide of what they are supposed to do to comply with the Regs.

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/ - Some more info for you.

Hope this helps and you are entitled to cancel, if they say no they are breaking the regulations and you can report them. Send them a letter by recorded delivery or even an email too cc'ing it to yourself as proof stating you wish to cancel the contract stating you wish to cancel using your rights under the Distance Selling Regulations 2000 - be quick though.

Hope this helps.

Joyce.

Sooler

Can the font size be changed from within the settings on the phone?

Cerenia

Sooler wrote: »

Can the font size be changed from within the settings on the phone?

We've looked, and can't find a way to on the phone, looked online and in instruction manual. 3 tried telling my other half "No network will exchange a phone once a simcard has been put in" Bad move - my partner works for T-mobile, used to work for the Link, and knows a manager at 3 (who has said this is awful - if it'd been taken out at his store, he'd have replaced it, but he can't due to it being bought online ¬¬.

mishkanorman

I got a re-furb phone from 3 and was advised that the handset "was a customer return that had not been used but had been opened" so they obviously are lying somewhere !!

mishka

Butlers1982

What phone is it? Maybe someone here knows how to make the font bigger

olly300

Cerenia I've Pmd you about your particular situation.

I have had problems with 3 and their customer service agents' behaviour particularly those who are based abroad.

All I can say they have a general lack of knowledge about UK consumer and other laws and try and bully consumers into taking products/services/handsets that are clearly unsuitable and breach the consumers rights.

You need to write to them via recorded delivery threatening them with OFCOM and when they ignore your messages/say they are resolved actually phone up OFCOM. It is extremely important to give them a written complaint using recorded delivery mentioning all the laws they have breached. Once they get an OFCOM reference number it's surprisingly how easy it is to get your complaint resolved.

kr15snw

Orange also do a 14 day cool off period, but when I had a problem with one of my phones it took a lot of calls before someone told me this!

Ask if there is a cool off period, as I know nearly every other network has it. I would have thought 3 does aswell.

olly300

kr15snw wrote: »

Ask if there is a cool off period, as I know nearly every other network has it. I would have thought 3 does aswell.

The problem with Three (3) is that half the customer services advisers are based abroad and obviously have been told different things by management to the UK based ones.

The UK based ones seem to deal with problems like security and sales while the ones based abroad seem to deal with problems such as common phone setting up problems (which sound like they are reading from a script) and handset problems.

If the handset problem involves sending a handset back due to purchase problems that are protected under UK consumer and other laws the advisers based abroad ignore the fact you have these rights and in my case either:
1. passed me round from colleague to colleague
2. ignored the issue and said they would phone me back hence writing to them
3. threatened me with debt collectors when I refused to agree to accept a handset (as if I accepted then I couldn't return it)

Only when I registered a complaint with OFCOM did they admit in writing that I had the right to return a handset under the distance selling regulations. The problem was they were charging me for a handset they hadn't delivered for 3 months which was a clear breach of their own contract.

Three(3) where actually told off officially by OFCOM in 2006 for having terms in their consumer contract that breached the unfair terms in consumer contracts regulations. http://www.ofcom.org.uk/bulletins/comp_bull_index/comp_bull_ccases/closed_all/cw_888/


The sad thing with this company is that I've not actually had a problem with their mobile network or handset just some of their nasty female "customer service staff" based abroad.

Fatal_Swan

I can't help with this particular issue but if you're not sure of your legal position with respect to distance selling regulations etc, Consumer Direct (08454 040506) will certainly be able to advise you. I've called them a couple of times lately and they're always very useful, efficient, and friendly.

bap98189

Can you post the model number of the phone. Just about all mobiles nowadays have an option to change the size of the text on the screen.