Mobile phone resellers scam

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I have been a customer with 3 mobile phones for about 3-4 years now. My contract was ending in April and I was contacted in January this year by one of three's "authorised resellers" a company called BMS. I was initally reluctant to discuss signing up to a new contract with them as my old contract still had 3 months to run and I didn't want to end up paying for both contracts at the same time for 3 months. I mentioned this to the person I was speaking to (a gentleman named Zach King) who guaranteed me that this would not be the case and that if I signed up there and then he would ensure that my old contract was closed as of Feb and that my last bill would arrive in Feb for a total of £25 only. Thus reassured I went on to ask him about what new handset i would receive. He was rather cagey and would only say that it would be the newest Sony Ericsson model. I was satisfied as I currently had the K610 which I was rather fond of and thought that the next one would be even better. Finall we went on to discuss add ons and I was promised free internet browsing as part of the deal which would all cost £35 a month.

I signed up there and then and a few days later my new phone arrived.

Perhaps my own fault but at the time I was really busy and barely looked at it before activating it.

The first thing I noticed was that they appeared to be charging me for my internet usage. I phoned up to find out why and was told that I didn't have the free internet addon (£5 a month) instead I had the Video call add on (£12 a month) bringing my total monthly bill to almost £40 rather than the £35 promised. I assumed I could change this there and then as it was there mistake not mine but apparently 3 have no responsiblity for the promises made by their resellers. I was given a premium rate number to call to contact the resellers and sort it out myself. I call this number at my own expense and got through to a call centre operative, who listened to my problem and then told me I'd have to go back to three to fix it! I tried three again and was of course told that it was the resellers roblem and I would have to call them. This continued for about a week and a half until finally it was settled in a conference call between myself, a three advisor and the reseller (not the same one who sold me the contract as I have never managed to reach him again!). Satisfied that my problem was at last sorted out I casually asked the three reseller when they would be cancelling my original contract. Imagine my suprise when he replied that it wouldn't be cancelled as they had had no request to do so and I wouldnt be able to cancel it myself until April! exactly what I had been trying to avoid in the first place. Another 18-20 phone calls later and I still havent been able to talk to Zach but one of the other advisors has now promised to refund the first months contract fee on my new contract to make up for the extra 2 months I have to pay on the old contract, and this only after a full 1 and a half hours of arguing and an email to OFCOM that she was copied into. Still out of pocket but to tired to fight any more I assumed that this was everything sorted out.

But alas there was one more sting in the tail. I am now about 32 days into the contract and my "new" handset has turned out to be a) an older model then the one I brought almost two years ago (a Sony ericsson K530i) and b) not working properly! (there are constant strange errors coming up when I used the internet and it tends to switch itself off when it gets stressed!).

I had a two year warrenty so I contacted three to get a replacement ...... only to be told that that wsa not their policy and that i would have to go and get it repaired at one of their stores. I brought it down to the store only to be told that I would be better off getting it replaced as if it was experiencing these kind of problems already it may be defective. I called three to explain and was offered a like for like replacement ... for and additional £35!

I asked to cancel there and then and wsa told I would have to either stay with them for 18 months or pay £450 upfront to cancel.

Help!!!!! I cant see how I could possibly have a legally binding contract with 3 and the reseller as everything they promised me was a lie but I dont want to end up paying £450 and going to court. What do i do now?

:mad:

maninthestreet

You've learnt a hard lesson here - never, ever agree to purchase anything over the telephone if you are cold-called in this manner.