3 Cancelled Contract - Advice needed!

mike_wall15

Hi guys

I'll try and make this story simple to read..

I started a 3 contract last November.
In May, I decided to use another phone (Nokia 3220), and I remember receiving a text some time in June (maybe) saying that I should use my original phone. I had sold it...

At the start of this month I turned my phone on and I couldn't get any reception, a phone call later, and I found I'd had my contract terminated.

They say they have broken some terms and conditions. However, they have also broken a term and condition by not giving me one month's notice of cancelling our agreement.

Now basically, why I am so annoyed, is I was due to receive a cashback through CPW in November. I have rang them and they can't do anything without that monthly bill. Also 3 are no help, and don't agree/understand my complaint that they didn't say they were going to cancel.

Any ideas where I should go from here, if anywhere? I'm really annoyed I was so close to getting a decent cashback :mad:

Cheers!

sivogt

This is quite tricky 3 don't like people using 2G phones on their network as you cannot access their walled garden of 3G services- I think your only hope would be to purchase another 3 handset on e-bay pop your SIM card back in there and ask 3 to reinstate your contract - they may be prepared to do this - they don't want to lose too many subscribers at the moment.

Their contract terms do state that that you must use a handset capable of accessing the 3 services so unfortunately they would be within their rights to terminate your contract (without notice) due to your breach.

mike_wall15

I later used a 6680 but because it was not bought from "3" then they say it was not allowed.
I also asked about starting my contract up again, they say it is impossible.
Rather than a suspension, it is a cancelation :-(

I know I have broken t&c's, but I still thought I was entitled to notice of cancellation...

4.1 b) if you are a pay monthly customer, we will let you know at least one month in advance if we decide to make any variations to your agreement which are likely to be of detriment to you.

and

Terms 10.2

Thanks for replying mate

bingo_bango

You could only argue that they are in breach of the T's & C's if you are holding them in breach. As you were in breach of the terms first, and they did give you a reasonable opportunity to comply....you wouldn't have a leg to stand on. Because you broke the agreement by breaching this term, they would be under no obligation to give you any notice. Sorry...but you're stumped!

Poppy9

You should have claimed your original handset was lost or stolen and you couldn't afford to replace. You need to look at your cashback conditions to see if there is any provision for service being disconnected.

mike_wall15

Poppy9 wrote:

You should have claimed your original handset was lost or stolen and you couldn't afford to replace. You need to look at your cashback conditions to see if there is any provision for service being disconnected.

There aren't many t&c's to read, nothing is mentioned. I spoke to CPW direct and they said they couldn't help

Cheers bingo bango, that is the sort of reply I wanted because least I know it isn't worth wasting my time. I thought I may have had a leg to stand on because of their lack of notice, but if I haven't then .... "oh dear"

Cheers

(The reason why I didn't say the handset was lost/stolen was because I didn't want them to barr the IMEI)

tammy_3

erm how did they know in which handset you were using ur phone? ive also sold off most my 3 phones! argh

Darren21

tammy wrote:

erm how did they know in which handset you were using ur phone? ive also sold off most my 3 phones! argh

They just knew it wasn't a 3g phone. As long as you use a 3g phone you'll never have any problems.

mike_wall15

tammy wrote:

erm how did they know in which handset you were using ur phone? ive also sold off most my 3 phones! argh

When you make a call/text it must send the ID of your phone and sim card, this being the IMEI and Sim Serial number. I guess this tells them that you aren't using your original phone.
I bet it is quite complicated, it's amazing what they know/can find out!

monty77

Isn't it because 2G phones using 3 SIMs will always use the O2 network (presumably at extra cost to 3) the reason they don't like this sort of thing???

Either way I can't see anything in the T&Cs to get you out of this one, hope the cashback wasn't too much.

A

MarkyMarkD

Poppy9 wrote:

You should have claimed your original handset was lost or stolen and you couldn't afford to replace. You need to look at your cashback conditions to see if there is any provision for service being disconnected.

I don't think that a bit of fraud is a wise recommendation, Poppy.