3 Final bill

sam1970

I was with 3 last year on a sim only contract which was due to end in January 2020. As the signal is poor at home I decided to move. on 07 January I texted (INFO) to 85075 and I had the response that if I switch today my final bill will be £0. I asked for my PAC code (by texting 65075) and transferred my number to O2. Couple of days later I had a final bill from 3 stating that my account was closed on 08 January and that Iam in credit (67p) which I did not bother to chase and I cancelled the DD with the bank. A month later (Feb.20) I received another bill from 3 claiming that I owe them £17.89 (Early termination charge) although it still stated that the account was closed on 08 Jan. I phoned them to challenge this but they are not listening. They promised some one from Customer relations team will call me. Does that sound odd? Surely a final bill is final and they cant help themselves to claim whatever they like whenever they like.

DoaM

When in January was it due to end? What was the normal monthly contract charge?

The T&Cs probably state you need to give 30 days notice of cancellation, either after the minimum contractual term has ended, or within 30 days of the minimum contractual term end date.

sam1970

The monthly charge was £20.50. Cant remember the exact date for the contract end but I knew it will be up in January. That's why I used the text service to obtain information and I was assured that if I transfer my number my final bill will be £0. That was then confirmed by the final bill they sent me (67p credit)

J_B

Sadly, mobile phone contracts don't just "end", they just reach the end of their minimum term and then go on to a rolling 30 day contract which you need to give 30 days notice.

Does that make sense?

SnowTiger

J_B said:

Sadly, mobile phone contracts don't just "end", they just reach the end of their minimum term and then go on to a rolling 30 day contract which you need to give 30 days notice.

Does that make sense?

No, that does not make sense.  Let's listen to the horse's mouth...

https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/costs-and-billing/text-to-switch:

Avoiding double charges when switching

Sometimes, switching can result in paying your old and new providers at the same time.

Ofcom has banned mobile providers from charging for notice periods that run after the switch date.

You will need to give your new provider the PAC or STAC number, so your old and new providers can make sure there is no double payment.

OP appears to have done everything right. My guess is that 3, like you, think they can continue charging 'line rental' after the PAC has been used. They can't. Given that mobile 'line rental' is usually billed in advance and the OP received a response saying their final bill would be £0.00 when they texted INFO to 85075, I don't think they should have been charged an early termination fee.

DoaM

OP hasn't confirmed that they switched after the minimum contractual period ended. If they switched before it had ended then they'd still be liable for the ETC, so could easily end up paying 2 providers at the same time as the OP would have breached the contract with 3.

SnowTiger

DoaM said:

OP hasn't confirmed that they switched after the minimum contractual period ended. If they switched before it had ended then they'd still be liable for the ETC, so could easily end up paying 2 providers at the same time as the OP would have breached the contract with 3.

OP wrote: '...on 07 January I texted (INFO) to 85075 and I had the response that if I switch today my final bill will be £0' and 'Couple of days later I had a final bill from 3 stating that my account was closed on 08 January and that Iam in credit (67p)...'

https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/costs-and-billing/text-to-switch: 

How to check your contract status

If you’re still in contract with your provider, you might have to pay charges to end your contract early. If you’re not sure whether that’s the case, text ‘INFO’ to 85075 to find this out without requesting a switching code.

DoaM

In which case either the text response was wrong or 3 customer services were wrong. OP still hasn't told us when the contractual end date was supposed to be, other than "some time in January 2020".

born_again

SnowTiger said:

Given that mobile 'line rental' is usually billed in advance and the OP received a response saying their final bill would be £0.00 when they texted INFO to 85075, I don't think they should have been charged an early termination fee.

In my experience line rental is billed in arrears.
When you take out a contract. Do they want a upfront payment for the 1st month? I have never paid one... DD is set up for end of month.

OP said >>  (Early termination charge) <<

Which would be a big hint that their contract had not ended when they used the switch service. The other text were correct. He had a 67P credit as per ofcom and not being able to double bill. But due to leaving before contract finished, they are now charging for that period up to the end of the contract.

SnowTiger

J_B said:

Sadly, mobile phone contracts don't just "end", they just reach the end of their minimum term and then go on to a rolling 30 day contract which you need to give 30 days notice.

Does that make sense?

DoaM said:

OP hasn't confirmed that they switched after the minimum contractual period ended. If they switched before it had ended then they'd still be liable for the ETC, so could easily end up paying 2 providers at the same time as the OP would have breached the contract with 3.

DoaM said:

In which case either the text response was wrong or 3 customer services were wrong. OP still hasn't told us when the contractual end date was supposed to be, other than "some time in January 2020".

born_again said:

SnowTiger said:

Given that mobile 'line rental' is usually billed in advance and the OP received a response saying their final bill would be £0.00 when they texted INFO to 85075, I don't think they should have been charged an early termination fee.

In my experience line rental is billed in arrears.
When you take out a contract. Do they want a upfront payment for the 1st month? I have never paid one... DD is set up for end of month.

OP said >>  (Early termination charge) <<

Which would be a big hint that their contract had not ended when they used the switch service. The other text were correct. He had a 67P credit as per ofcom and not being able to double bill. But due to leaving before contract finished, they are now charging for that period up to the end of the contract.

Pages from recent Vodafone and O2 bills, showing 'line rental' billed in advance.  Mobile companies I've used have been billing in advance for 'line rental' for as long as I can remember: 





I think posters should visit the OFCOM page I mentioned TWICE and read the information on it.  It's here: https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/costs-and-billing/text-to-switch: 

How to check your contract status

If you’re still in contract with your provider, you might have to pay charges to end your contract early. If you’re not sure whether that’s the case, text ‘INFO’ to 85075 to find this out without requesting a switching code.

OP did that and received a response from 3 saying that if they switched that day their final bill would be £0.00, thus indicating they have (at least) fulfilled the contractual minimum term. OP requested a PAC from 3 and gave it to O2.

Ofcom says:

Avoiding double charges when switching

Sometimes, switching can result in paying your old and new providers at the same time. Ofcom has banned mobile providers from charging for notice periods that run after the switch date.

Once a PAC has been used the network being switched from cannot continue to charge 'line rental'.  OFCOM says: 'Ofcom has banned mobile providers from charging for notice periods that run after the switch date.'

I appreciate DoaM's back-tracking comment that, perhaps, 'the text response [from 3] was wrong'.  If so, 3 has broken OFCOM rules and should take the hit.

born_again

Can't do a screen grab of my 02 bill.

Date issued

21 February 2020

Billing period

21 January 2020 - 21 February 2020

So while your is in advance. Mine is in arrears.