have i got a chance, taking 3 (Hutchison 3G UK Limited ) to small claims court?

tightauldgit

mikeouk said:

tightauldgit said:

What exactly would you be claiming in small claims? Negligence by 3? Would that amount to more than the negligence on your part for not checking or questioning the bills for years? 12 months sounds like a very fair settlement to be honest. 

id be claiming the full amount paid for a missold service ive never received. The fact I didnt notice the payment for years is irrelevant .
Ive filed a claim with the telecoms ombudsman ,so will see what they decide.

I can't really see where you've been mis-sold but it would certainly seem that you DID receive the service - you didn't use the service but you certainly had it available to you to use if you chose to. 

eskbanker

mikeouk said:

I then tried to cast my mind back .and remembered going into the local 3 shop and trying to upgrade from my sim only deal to a contract with a handset, its a hazy memory being over 4 years ago, but can remember there was some sort of a problem with the handset i wanted being in stock, I must have already filled out paper work and then told them I didn't want to proceed, I then ordered the upgrade online.
I never received a second handset or sim card.

If you expect to have any success in court then you'd need to fill in all the blanks with precisely what happened, rather than relying on hazy recollections!  What paperwork did you complete, how exactly did you try to cancel, how/when did you verify that this had succeeded, etc, and to what extent is any or all of this clearly documented?