Charged for using PAC code within 14 day cool off period

Superrob5

Hi. I signed up for a mobile phone contract using Affordable Mobiles, Three is the Network provider.

After 3 days I decided the phone wasn't for me. I called affordable Mobiles and arranged a return. Once the phone was in the post I looked elsewhere and signed up for a new contract with another provider.

When my new phone arrived I requested a PAC code from Three and gave it to my new network provider. Three have now sent me a text stating I will be charged £460 early cancelation.

I contacted Affordable Mobiles who explained I should have waited for them to provide me with the PAC code, and since I was informed of this on the call, they cant do anything for me and I need to contact Three.

Three currently have no record of the cancelation charge and have raised an investigation.

I suppose my question is, Can Three really charge that much if you request a PC code within 14 days of the contact starting, even if they haven't officially been in formed of the cancelation?

Does the requesting of the PAC code not serve as a cancelation notice? Even if its not the ideal method.

If anyone has experienced anything similar to this id be interested to know what happened

Thanks 

GrumpyDil

Very likely that message was autogenerated and the system can't cater for situations where you ask for a pac code so soon.

If three have no record of the charge then likely there will be no charge but think you need to clarify that with them. 

Superrob5

Thanks. I was hoping this is the likely explanation.  But Affordable Mobiles gave the impression the charge was directly related to the early use of the PAC code. In fact that's exactly  what they said. I'll hold out hope the charge is auto generated 

PHK

When you take out a contract through a third party provider you need to wait for them to cancel not only the sale but also the air time contract with the provider. 

Remember you bought the phone from the third party so your cancellation rights lie with them. 

Superrob5

Yes, but what I'd like to know is what charges a company can legally apply if the process isn't followed. I'm aware of the process you've detailed. I'm looking for insight into what legally rights I have 

PHK

The point is you didn't buy from three, so you had no cancellation rights. They therefore have a right to impose an early termination fee. 

However:

If the third party get around to processing the cancellation then an interesting situation develops. Three won't pay the 3rd party their commision.  But the 3rd party cant cancel an account thats cancelled. The right thing to do would be for Three to cancel the charge, but the account is already cancelled (by you) so this likely requires manual intervention.  It's impossible to say if this will happen without some prodding, as in the support request you've made. 

So I would wait to see what happens  and if you are dissatisfied then use Three and Affordable mobiles complaint process. 

TheSpectator

Just speculating, was the number you got the PAC code for a brand new number? If so, wouldn't cancelling under the 14 day cooling off period mean that number doesn't 'belong' to you?

You are effectively unwinding the contract and the number should 'go back' to 3.

Just my thoughts.

flaneurs_lobster

There is no "ownership" of a mobile phone number (or for that matter a landline number), it is assigned for you to use by the company that supplies the service, they in turn get their allocation of numbers from OFCOM. 

tinker411

TheSpectator said:

Just speculating, was the number you got the PAC code for a brand new number? If so, wouldn't cancelling under the 14 day cooling off period mean that number doesn't 'belong' to you?

You are effectively unwinding the contract and the number should 'go back' to 3.

Just my thoughts.

BIB - yes, that was my thought too. Unless OP ported in their own number straightaway (which doesn't appear to be the case going by the original post) then a PAC shouldn't be necessary.

My understanding of it is that a PAC requested by the customer, if used, cancels a live contract, irrespective of how long the contract has been going (so if you had a 24 month minimum term contract but cancelled by using a PAC before then you'd have an early termination charge). If you're doing a 14 day return you do it all via the retailer, and you shouldn't need to request a PAC (with the retailer doing what's needed so that you will be back to the position where you were before purchase).

Superrob5

When I signed up with Affordable Mobiles I transfered my number from my last provider. It's a number I've had for years. I'm still totally perplexed as to how a company can charge £460 for termination of a contract after 3 days of signing up, regardless of whether the termination came from my PAC Code request or Affordable Mobiles. Isn't the end result the same for them? From Thee's perspective it a cancellation within 14 days. How on earth can thrh justify £460? 

I'll hold out hope that Three waiver the fee with the understanding it's an honest mistake 

flaneurs_lobster

I'd counter that having a phone number transferred via PAC twice within 3 days whilst having airtime contracts linked to 2 different mobile handset credit agreements outstanding simultaneously (at least one of which is via a third-party reseller) without expecting at least one part of this process to go wrong is rather optimistic. 

You might hope that Affordable Mobiles would intercede since the first contract was made via them, but of course they now have no interest (nor commission) in this dead (to them) contract.

Hope that Three are in a good mood when they consider your claim for waiver. Don't suppose your ultimate choice of airtime supplier was Three?