3 ending my contract within 14 days

Eddd · 18 September 2019 at 9:01PM

I recently started a 3 Sim only contract and due to appaling coverage I requested my PAC code after 1 day, and moved back toEE.
3 yesterday sent me a bill for the remainder of the contract, £175, even though I did this well within the 14 days cooling off period.
On live chat today they said I liable as I hadn't rang customer service and told them I was leaving.

I thought that getting a PAC code via the text service and giving it to my new provider cancelled my contract? Are they trying it on?

Any help appreciated...

eDicky · 18 September 2019 at 9:52PM

Eddd wrote: »

I thought that getting a PAC code via the text service and giving it to my new provider cancelled my contract? Are they trying it on?

Using the PAC did terminate your service, resulting in the bill for the remaining term of your contract. If you wanted to cancel within the cooling off period you would obviously need to call and notify them of this, as you were correctly told.

Eddd · 19 September 2019 at 8:29AM

Ouch..Thankyou...Lesson learnt I suppose..

dialdfordave · 20 September 2019 at 4:52PM

You have the right to cancel within 14 days and I don't think there is a requirement in law to cancel in any particular way to exercise this right, though maybe somebody will correct me.

Using a PAC code indicates to Three that you want to cancel your contract. As long as you used it with the first 14 days, I would say they are in the wrong to try to charge you early termination fees.

Three's systems will default to producing a bill with ETF but that doesn't mean you can't get it revised or cancelled.

You should contact Three and politely explain that you cancelled within 14 days as is your right and you would like the bill to be cancelled (and refunded if already paid).

If they say no, open a complaint and see where that leads you. Three are usually reasonable and if you get to speak to somebody in the UK (Glasgow I think, with Three) they are more likely to take reasonable action than the Indian customer service team, who have few powers and usually simply follow a script.

Good luck.

dialdfordave · 20 September 2019 at 4:58PM

A quick google turned up this: https://www.netlawman.co.uk/ia/cancellation-notice.

It says, as I suspected was the case:

"Giving notice to cancel a consumer contract

There is no specific requirement as to how notification to cancel a contract should be given but in the event of a dispute the burden falls upon the consumer to prove that he did cancel within the cancellation period. So, for example, if he rings you but calls the wrong number, he will have failed to cancel."

"But whilst you must provide the model cancellation form in your system or process, the consumer is not obliged to use it. He can notify you in any way he likes, and in hard or soft copy. That includes, by letter or written note, by e-mail, or even by an SMS text message."

It seems pretty simple to me, that since using a PAC *always* has the effect of cancelling the contract, there can be no doubt that you have communicated to Three that you wish to cancel your contract, so they will have to refund your early termination fees IMO.

The site goes on further to say:

"If you provide a service, you should stop providing it when the client cancels.

No money will be due to you by your client.

All money paid will be returned to the client without deduction."

It's pretty clear, I think.

3 ending my contract within 14 days

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