3 mobile complaint chrged for contract we don't have

july73

Hi Just wanted some advice/feedback about a problem I'm having with 3 mobile.


I'll try to make it short as possible


My daughter lost her phone a while ago and took out another contract as it was cheaper than replacing the phone. When my husband went in to cancel her old contract, when it was due to end the sales man suggested taking over this contract himself rather than waiting 3 more months for his to end. Then he could get an Iphone 6 and keep his old number. He is self employed so that helps a lot. Of course hubbie jumped at the chance to my disappointment. Of course the price for this was to pay for his old phone contract and his new contract for 2 months!! Anyway despite my anger, this is not my problem I need advice on.


My daughter put her new contract sim she was given when she got her new phone (she kept her old sim going because it had better min/internet) discarded her old Sim as told by them to do and my husband took over her old contract.
We called up to cancel his old contract when it was due to end and thought no more of it.


Now this is where my problem begins. Every year I go through our bank with a fine tooth comb, checking everything is how it should be, as I like to do his self assessment asap.


In my household we have 4 mobile contracts with 3 mobile and have been with them for many years. What I found on closer look was we actually now had 5 contracts all different prices at all different times of the month. Hence why I overlooked it before.


So contacted 3 to see why. At first I did think, they haven't cancelled hubbies old contract. On first contact regarding this problem they told us to do so, "you should have done it in writing". Thanks for telling us that when we called and Ok!! so that's our fault then. We will cancel it now. Sorry you can't do that because you renewed it for 2 years. Sorry!! When?? "all we can do is reduce it to £10 a month till it ends" HELLO!! if we renewed the contract where is my new phone then?? Bare in mind we have since found out the contract that is still running on a number with no phone is my daughters old contract my husband took over. I'm so angry and at £41 since March that's a lot of money to loose.


Is there anyway I can take them to court. What would the procedure be. Who can I get advice about what clearly is us being ripped off. Purposely or not, we are paying for a contract we don't have in any shape or form, doesn't come with a phone and to be told we can't even cancel it :mad:


Hope that all made sense I'm confused...Their confused I'm sure it'll take a while for you to see where I'm coming from. But any help would be I'd be very grateful


Any advice or if anyone else has had anything the same please let me know. I planning on giving them 14 days to produce evidence to prove we either sighed a new contract or signed for a phone. I know we didn't so will be looking into taking further action against them. Where do I start though?

forgotmyname

You can anyone to court, winning and getting paid is another matter.

You husband took over your daughters old contract which would have its own number, he would have had to swap numbers.

Whether he was mis-sold or just didnt understand the deal will need to be proven in court for you to win.

Not all contracts come with a new phone. Just about to upgrade myself and i will be keeping my old phone.

july73

Thanks for your reply. Yeah I think your right about court is all ok if you win. The number thing is actually right. He has changed contacts around and kept his number each time. You can do that even if you change supplier. Not sure what you paying for a contract without phone. £41 a month for contract only is steep. Even I have an iPhone 6 and pay less. we only renewed one contract and got one phone So one of the contracts has run over its 2 years and therefore we should be able to cancel. I feel because of the number change they have renewed it twice by mistake. They won't let us cancel either. Going to go over tomorrow and see what they say. I'll let you know 👍 Fingers crossed

macman

The contract is for the airtime, not the phone, and even if you don't use it the contract does not cease when a phone is lost-only when you ask to cancel it and give your 30 days notice, or receive and use a PAC. With 5 contracts to manage, it might be a good idea to check your bank statements more often to keep an eye on what is going out.
Your first step should be formal complaint (in writing, not by email or phone), not a small claims procedure. If unresolved after 8 weeks, you can go to the regulator.

july73

I will be checking from now on don't worry about that. The contract apparently did have a phone included, but we never got one or signed for it. They can find the contract details, but not with our signature on anything. All other contracts we have do have a signature. Funny thing I knew that anyway. So I think it is definitely their error. Not ours. I think we're winning here to be honest. Hope so? Going back again tomorrow to hopefully get it all sorted. My guess is when the seller went to change the old number to the new contract (its a business Phone) They renewed that number by mistake at the same time. If they are quick to admit the mistake and cough up soon is another matter. Ill let you know when and once I get some answers

mobilejunkie

I've had scores of mobile phone contracts (have 6 running at present) and have never signed anything. What is he supposed to have signed - and if he didn't, why do you think he needed to?

I recommend you check your bank statement daily - I do. That way if there is anything amiss you will find out a YEAR earlier and it will be a lot quicker and easier to use your "tooth comb".

macman

OP, a contract exists without any necessity for a signature on a piece of paper. A written contract however makes it easier to determine exactly what was agreed.