Three (Just found out that for 2 years paying for a contract we've not used)

Aubrey_Thicket

Hi all


I'm guessing this problem has arisen before, so if there is an easy link to this I would be grateful if somebody pointed me to it. Thank you.


My problem started recently when I noticed that £34 per month was being deducted from my bank by Direct Debit to H3G. A quick search online tells me it is Three. So, after going round the houses I finally got hold of Three customer services. Here is brief breakdown of our conversation:


ME: Hi. I have been paying for a contract that has not been used for 24 months.
3: Yes. It has not been used for 2 years. Do you want me to cancel it?
ME: Yes. The problem is that this phone has not been active or used so for 2 years I would like a refund...etc, etc


After a 10 minute chap the advisor told me there was no way I could get a refund because at the end of the contract I failed to cancel it. I am sure I did cancel the contract verbally but I have no way of remembering when and the advisor told me there was no record of me cancelling the contract. He went on and told me that Three's T&C's state that if a contract is not cancelled then it continues to run on indefinitely


(AT THIS POINT CAN ANYBODY CLARIFY IF THIS IS TRUE OR ACTUALLY ALLOWED?).


So, my call was then transferred to a senior call advisor. Here is a brief breakdown of that conversation:


3: OK. You signed a 24 month contract back in 2012 agreeing to our terms & conditions so that's it really.
ME: OK. That's not like me. Please can you send me a copy of that contract so I can look over it?
3: That won't be possible. We won't be able to get hold of it after 4 years.
ME: What? So, it's OK for you to hold me to a contract that you say I have agreed to but you can't prove it or show me a copy of the contract I have agreed to? Surely, that's not right? If you're going to force me to stick to the terms of the contract I want a copy of it.
3: I'll see what we can do but I can't promise anything. You might be better writing in to us.


So. You guys can see where I am with this. Now, I suspect somebody might say (just like my colleague did earlier) that it is my own fault for not checking my bank statement regularly. Well, it's not that simple because this phone was in my name but was being used by my son whilst he was away at University. Each month I had set up a £100 Direct Debit from my MAIN bank account into a holding account for my son to use whilst he was at university. My son assumed that I had kept the number going so he just withdrew the remaining £66 per month whilst Three took the other £34 out of the holding account. Whilst I agree it was foolish of me not keeping tabs on the account I simply assumed that because there was no overdraft facility on the account that the £100 being deposited every month would be taken care of by my son. It now appears that my son was taking £66 and Three taking £34 per month.


Any advice from here guys n gals? If I'm bang to rights then I guess I'll have to accept it.


Thank you in advance...

Jon_01

A mobile contract isn't a fixed term, at the end of your minimum term (ie 24 months), it becomes a rolling 30 days contacts. It doesn't just stop.

Unless you can prove you cancelled it somehow, Three were right to continue to charge you and don't own you a refund. . .

mobilejunkie

Your own complicated arrangements leading to not checking for two years is down to you. The network is not at fault unless you can prove you gave proper notice to cancel. Just like you saying to them that it's not like you to set up a contract for 24 months - er... that's either incredulous or an indication of your own lack of attention to - well - everything.

d123

Aubrey_Thicket wrote: »

if a contract is not cancelled then it continues to run on indefinitely


(AT THIS POINT CAN ANYBODY CLARIFY IF THIS IS TRUE OR ACTUALLY ALLOWED?).

Yes, it's true, and of course it's allowed, why would a continuation of a contract not be allowed?

Imagine if your gas/electric/phone supplier simply cut you off because you got to the end of the minimum term?

Any advice from here guys n gals? If I'm bang to rights then I guess I'll have to accept it.


Thank you in advance...

You are bang to rights, remember to cancel contracts you don't want them to continue in the future...

dazzaofdagenham

Well I'd cancel the contract now and consider I'm getting a extra 34 pounds a month to spend.

Tackling 3 on this issue is gonna be a PITA.

Lesson learnt me thinks

Aubrey_Thicket

Ok guys. Thanks for posting. It's clear that this is my fault alone, which I accept.


Thanks

mishkanorman

I personally would write and request a solution better than you presently have (which is basically tough) because as much as you are at fault for not checking surely they have some responsibility to ensure its still required rather than just accepting payments on a dead unused contract.

At least half back would be better than none imho !

System

The OP says they cancelled it but they don't seem to even know when they cancelled it. Unless they are lucky and Three have notes to the contrary, then they have no leg to stand on.

Are you seriously suggesting that 3 have a responsibility to ensure that people actually use their mobile phone? Also, it wasn't a dead service, 3 were getting paid every month for making the service available to the OP.

mishkanorman wrote: »

I personally would write and request a solution better than you presently have (which is basically tough) because as much as you are at fault for not checking surely they have some responsibility to ensure its still required rather than just accepting payments on a dead unused contract.

At least half back would be better than none imho !

mobilejunkie

mishkanorman wrote: »

I personally would write and request a solution better than you presently have (which is basically tough) because as much as you are at fault for not checking surely they have some responsibility to ensure its still required rather than just accepting payments on a dead unused contract.

At least half back would be better than none imho !

Maybe it would; however your supposition is rather ridiculous.

mishkanorman

Well we're all entitled to our wrong opinion, walking away from £800 without trying to recoup a little is ridiculous to me.

Nothing to lose at this point really !

d123

mishkanorman wrote: »

Well we're all entitled to our wrong opinion, walking away from £800 without trying to recoup a little is ridiculous to me.

Nothing to lose at this point really !

So do you propose that every customer of the networks should contact their network and demand their payments back?

Shouldn't we all be trying to recoup a little?

How much should I be asking for as a refund?