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Breaking a Three Contract

Not sure this is the right place, but hopefully a helpful mod can re-place it.

Scenario:

Orange contract runs out Oct 5th

I look around and decide that 400txts and 75mins for £15pm on Three seems ideal so i sign up, get a free handset and start trying it out.

i then contact orange and ask to terminate on my contract end date, at which point they tell me they can "make it up as they go along and match/better my deal" - not what their website says at all :mad:

So I look at the Ts & Cs for Three and discover a 14 day cooling off period:T but only if you haven't used the phone :mad:

Anyone know if this is legal, or have any experience of breaking Three contracts?

Comments

  • sorry I don't know the answer to your question but as you've been a member of this site for so long I'm sure you would have read from Martin about how to get better deals with mobile phone providers. In future always ring up the company and get them to price match or beat another companies deal.
  • -1-
    -1- Posts: 1,289 Forumite
    First Post Combo Breaker
    Mobile Phone section i'm guessing.

    I'd take your contract to your local trading standards office to see if you can cancel within the 14 day period.

    There is a returns period of usually 7-14 days but other networks are ok with you returning the phone within that period and just charge you for calls made before you return it.
    :wave: Smile, you only get one life, LIVE IT.
  • Sy1
    Sy1 Posts: 52 Forumite
    Hi d.o.o.g,

    I was surprised to hear that Three advise that you can only make a return if you have not used your handset, as I have returned handsets and terminated mobile phone contracts within the 14-day cooling-off period in the past (although on the other networks and not Three).

    I've looked on Three's website and found the following:

    Returns Policy
    The 14-Day Money Back Guarantee doesn't apply:
    If you've already activated and personalised your mobile by putting in a SIM card and turning it on
    If you've chosen to transfer your mobile number to 3 in the first 14 days of having your mobile
    If you're an existing Pay Monthly user and you've chosen to upgrade your mobile (where allowed by 3)
    If you're a Pay As You Go user.


    If you're not allowed to use the handset within the 14 days then I don't know how they expect you to check whether their service and the handset are up to scratch!

    The following page may be of use:
    http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/mobiles/

    And specifically:
    Network service provider
    When you buy a mobile phone, in order to make or receive calls you will need to be connected to a network. You may do this by having a line rental contract or through buying a voucher which will allow you access to the network. At this point, you will enter into a contract with the Network Service Provider. You have no rights if you simply change your mind.

    If the service hasn’t been carried out at all, or totally fails to meet the way it was described, you may be entitled to a refund, compensation or both.

    If there is a fault on the network or SIM card, you are probably entitled to compensation.

    Important points to bear in mind:

    Read the terms and conditions of your agreement with the Network Service Provider.

    You have no rights if you simply change your mind.

    However, you have seven working days to cancel a contract for goods ordered by telephone, mail order, email or fax, except for those goods which are made to order. See Returning or cancelling orders for more information.

    Your rights cannot be taken away by terms and conditions written into a notice, receipt, contract, warranty or guarantee.


    The following page also contains useful related info:
    http://www.consumerdirect.gov.uk/after_you_buy/buying_at_home/returning-cancelling/

    And specifically:
    When you can't cancel
    Please note that there are circumstances when you cannot cancel unless the trader has given you a specific contractual right to do so.

    These are if:

    The trader has already started to provide the service within the cancellation period and you have agreed to this. You must have been told in writing - before the supplier agreed to carry out the service - that you would then lose your right to cancel.


    From reading between these two bits of information it appears that Three are actually allowed to do this although from my experience the other mobile networks don't insist a phone is unused, so long as it is in 'as new' condition - ie not scratched etc, and obviously you need to pay for any calls made.

    I would suggest you contact Trading Standards as -1- suggests, or Consumer Direct (08454 04 05 06 - from 0800 – 1830 Monday to Friday, and 0900 – 1300 Saturday, excluding bank holidays and public holidays) to confirm this, and if this is the case then perhaps you could try contacting Three customer services and seeing if they will allow you to cancel during the cooling-of period despite the handset being used, as a gesture of goodwill, explaining that you needed to use the handset to assess the suitability of the network and the handset for you.

    Sorry this is such a long reply, hopefully the info I've located may be of use to you!
  • zorber
    zorber Posts: 1,107 Forumite
    First Anniversary Combo Breaker First Post
    good luck.

    I personal wouldnt move to 3 and i think they will create about this.
    "Save the cheerleader - Save the world"
  • three wont make a fuss they're a push over cancel your direct debits and pretend you dont know em they'll soon bef for the phone back - well that happened in my case anyway!
    Merry Christmas MSE!
  • d.o.o.g wrote: »
    Not sure this is the right place, but hopefully a helpful mod can re-place it.

    Scenario:

    Orange contract runs out Oct 5th

    I look around and decide that 400txts and 75mins for £15pm on Three seems ideal so i sign up, get a free handset and start trying it out.

    i then contact orange and ask to terminate on my contract end date, at which point they tell me they can "make it up as they go along and match/better my deal" - not what their website says at all :mad:

    So I look at the Ts & Cs for Three and discover a 14 day cooling off period:T but only if you haven't used the phone :mad:

    Anyone know if this is legal, or have any experience of breaking Three contracts?

    Hi, me and my husband tried three mobile out for a while and even after the 14 day period we still cancelled. We told them the reception was rubbish (which it was) they cancelled no problem and never asked for the phones back.
    Roll on spring, I hate the cold weather:(
    One Direction to win XFactor:j
  • iashem
    iashem Posts: 171 Forumite
    why dont you insist on cancelling your contract orange customer service and keep the new deal with three?
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