mobile contract help?

bendygirl

Hi there, I was wondering if anyone may be able to point me in the right direction. (have had to reregister to post this too!).

I am writing a letter for my neighbour who has had an issue with 3 mobile. Basically she cancelled her contract in writing in November, recorded delivery and 3 have confirmed the letter is on the system. The issue is that 3 have signed her up to another 12 month contract without her permission or request-she hasn't signed anything at all. Just requested that her contract was cancelled as her 12 months was up. She has tryed contacting them by phone-no joy-no joy via phones 4 U either.. They are simply telling her that due to the 'new' 12 month contract (that 3 signed her up to), she would have to pay over £300 to get out of the contract. They are now chasing her aggressively for 'money owed' since she cancelled her contract which obviously she can't and shouldnt pay...

I know with credit issues you can ask to see the signed credit agreement if that is in dispute. What is the equivilant for mobile contracts? Is there any particular legislation I can quote to them in the letter? Should it be the telecommunications ombudsman or trading standards or both? (she has been trying to sort this to no avail since december and 3 aren't helping).

SOrry for so many questions-my neighbour can't use a pc so has asked me to do this for her and she's really worrying about it. I'm assuming i can also quote the harrassment act as they keep harrassing her for money?

ANy help gratefully recieved. tia! B.

Quentin

I doubt she will have "signed" anything, as the new contract (if there is one) will have been agreed over the phone.

It may be that your neighbour agreed to a retention offer made to her during the notice period (by phone) before her contract ended.

Your neighbour should write denying she ever took out a new contract.

It is then up to them to prove otherwise.

bendygirl

Thanks for your reply-she definately didn't agree to anything-she has a copy of the cancellation letter she sent to them along with the recorded delivery slip which confirms reciept at their end. They have also confirmed that said letter is on file with them. She took a contract out with another company and definately didnt agree to anything with 3 as they had been terrible during the 12 months she was with them prior to terminating.

I'm doing the letter for her as she doesn't know computers at all-just wondered if there is any legislation to quote. Can they set up a 12 month contract without a signiture then? Surely they can't do that or there'd be issues with fraudulantly aquired contracts and such like?! I can't see how 3's actions have been anything but unlawful given the circumstances iykwim?

Thanks for your reply. B.

reehsetin

yeah they dont need a signature, you shouldnt need to quote anything just yet, just say, (providing a copy of the confirmation letter and a print out of RM screen showing it was delivered) stating you have recieved a cancelation letter as confirmed by your staff yet you are still claiming payments from me, i have never asked or agreed to a new contract, therefore there should be no reason for your company to harass me for payment, unless you can show me proof within the next 14days that i have entered into a new contract with you i expect all correspondance to cease and for you to correct all records and any defaults on my creditfile due to your error.