Three mobile data

sparty69

Apologies but this is a moan. We have a motorhome and travel in Europe a lot. I bought a 'MiFi' device to use as a mobile hotspot and opted for Three's data only sim package as it was the best deal. We then went abroad and the first day I installed the sim card it worked no problem (we were in Belgium which is covered by their 'feel at home' policy). The next day it wouldn't work. To cut a long story short, Three's fraud and security department suspended my account stating that I had breached caluse's 6.4 & 6.8 of their terms and conditions. Basically this refers to overuse (I'd only used less than 1GB of a 20GB package), and not being used for intended purpose. We use it to check emails, BBC news and to update our travel blog. The blog is a wordpress one and does not contain any advertising and we do not sell anything through it.

I told all this to Three and asked for specifics as to how we had breached these clause's. 2 m onths later I am still trying to get an answer.

I have now submitted an official complaint through MSE's resolver facility, but I am still getting the same answer, 'you have breached clause's 6.4 & 6.8 of the T&C's, please refer to our site to read these clause's'.

How thick can they be?

I am certain that I am entitled to know the exact specific details of how they claim we have breached these clauses.

As a result of them suspending the account in this manner, we were left without any internet access and had to spend a small fortune in data packages while we were away. They also state that I cannot reclaim any money due to the fact that we breached the T&C's.

I will never use Three again.

Has anyone else had a similar experience and can anyone advise me of any rights that I have or my next course of action?

It is not the money that is an issue really, it's more the implication that we have done something wrong when we genuinely believe that we haven't. We want to clear our names.

Thanks.

Buzby

Your use of the SIM wasn’t typical- I’d suggest most folk would set it up at home - make sure it does what it supposed to do and get ready for the holiday. Your first activation of the SIM was in the EU, so it appears that it has been bought then sent out from the UK to be used by someone not domiciled here. The flags raised resulted in them suspending service promptly - it costs all UK networks extra to offer foreign roaming (it was imposed on them by the EU).

All networks are sensitive to misuse - if you used 1Gb on your first day, that was massive overuse and I’m not surprised it was flagged up.

It would have been all so different if you’d activated it here....

esuhl

Have you breached the terms of the two clauses they refer to?

Would using a SIM in a MiFi device be restricted in a similar way to tethering...?

System

Just register (turn it on) it on the 3 UK network between your holidays and you'll be fine.

It can't be constantly roaming (used on other networks)

sparty69

I did activate it in the UK, sorry should have pointed that out. It was activated and used at least once in the UK (MotoGP at Silverstone). What I find hard to accept is the fact that I spent an hour in the three store with the salesman and was totally open and honest about the intended use. At no point did he say anything about the things you have mentioned. If I cannot use it in the manner that I did then, to my mind, it is not fit for purpose and I should not have been sold it and advised that it was perfect for my needs.

sparty69

eshul - This is what I cannot get out of Three. They will not tell me what I have done that breaches the clauses. I have read the clauses and as far as I am concerned I haven't done anything to breach them. My next stop is the ombudsman.

Frozen_up_north

sparty69 wrote: »

What I find hard to accept is the fact that I spent an hour in the three store with the salesman and was totally open and honest about the intended use. At no point did he say anything about the things you have mentioned.

I think you have hit the nail on the head, staff in high street stores are driven by sales targets, not by pointing out the limitations on what you were looking to use the device for.

As Buzby pointed out, your use isn't typical and obviously activated a warning flag at Three. You are required to use the service more in the UK over a rolling period than in a feel at home destination (inc EU), this is the same for all UK networks with regard to free roaming in Europe. I guess you put the cart before the horse in that regard...

I am a regular "roamer" to Europe with a Three contract phone SIM. I have never had any issues with using it, although I spend a lot more time in the UK than overseas.

Perhaps a phone call to Three pointing out your usage would be more use than complaining on here? In any event you will find the same issue with other networks.

EveryWhere

6.8 We may publish an acceptable use policy and a traffic management policy (you
may see this referred to as “TrafficSense™”) which provide more details
about the rules for use of certain Three Services in order to ensure that:
(a) use of Three Services either in the UK or in our Feel At Home destinations
is not excessive;
(b) to combat fraud; and
(c) where Three Services we offer or may introduce require certain rules to
ensure they can be enjoyed by all our customers.
(d) Any such policy will be available on our website and may be changed from
time to time


You cannot breach 6.8 as it is only clause to which they can be held.

We may publish an acceptable use policy and a traffic management policy

As to 6.4, unless they are suggesting that you have resold their content or some such, that doesn't apply either;

Responsible use - How you use the Three Services
6.4 You may only use Three Services:
(a) as set out in this agreement; and
(b) for your own personal use. This means you must not resell or commercially
exploit any of Three Services or our content.


...as they would have to refer to the part of the agreement breached as in "as set out in this agreement".

So which part of the agreement have you breached??

It would make more sense if they quoted 6.14 & 6.15, but that doesn't apply either.

http://www.three.co.uk/terms-conditions/paym-and-payg

http://www.three.co.uk/termspdf/MBB_Price_guide_011117.pdf

Is this a rolling one month contract or did you cancel it straight away? Did you buy the MiFi from Three?

sparty69

Frozen_up_north - I have phoned and spoken with three on more occasions than I care to mention. In fairness the guys in the customer service dept have been sympathetic to my cause and have also tried their level best to get a more in depth answer from the fraud/securities department, all to no avail. I have pointed out my use including the fact that it was used in the UK before going abroad (although I shouldn't need to do that as their records will show when and where it has been used). I have submitted a complaint using resolver, again they just keep quoting my breach of the clauses but can't seem to get it into their heads that I want specific information. It may seem pretty but it has really pee'd me off and I just want answers. If I am in the wrong fair enough, but until they give me the specific details then I am not prepared to accept that I am.

System

Ultimately, they don't have to do business with you, if they don't wish to.

Assuming the mifi device is unlocked and they haven't applied further charges - you are free to use an other UK or local provider for the mifi.

esuhl

Heng_Leng wrote: »

Ultimately, they don't have to do business with you, if they don't wish to.

In order to be able to use a SIM card, both parties agree to a contract, as laid out in Three's terms and conditions (assuming you haven't personally negotiated your own terms!).

The network would only be able to cancel if there is an appropriate clause in the contract that allows them to do so before the minimum term.

Maybe Three have a clause that says, "We can cut you off for any reason at any time." But if not, then they may be in breach of contract.

I don't know if that make any difference to anything, but there ya go!