3 Mobile 3mail end, contract termination?

Money_Saving_Monkey_3 · 6 August 2009 at 11:49AM

Hi all, I've been sent the text that 3 are terminating their 3mail service from the 1st of Sept... Text is:

"From 3:We're removing our 3Mail service from the 1st September. If you us this service, click free link for more information (htt p://)mobile6(dot)three(dot)co (dot) uk/sdf/mailend"

on clicking the link you are provided with the following:

"From the 1st September 2009 we'll no longer be offering our 3Mail servic. For more information, please go to www(dot)three(dot)co(dot)uk/3mail on your computer.
If you've got emails in your 3Mail mailbox that you'd like to keep, we recommend you forward them to a differant email address. Please note that other email accounts like Microsoft Hotmail and Google Mail are available for free. Both of these give you lots of free storage for emails and attachments, and once you've set up and account on your PC you can log in on your mobile using the same details."

My question is, I've emailed 3 as I believe this to be a detrimental change, as such I'd like to cancel my contract. Am I correct in continuing this?

I'll post my letter and responses I've had next.

Thanks all
Rich

Money_Saving_Monkey_3 · 6 August 2009 at 12:01PM

So here's my original letter with responses (Blue is me, Red is 3):

"Good Afternoon, I write in regard to a text message sent to my phone on the 3rd August 2009 from yourselves:

“From 3: We’re removing our 3Mail service from 1 September. If you use this service, click free link for more information .........”

I have not long upgraded my price plan and phone due to an increased usage of my 3Mail account and now to learn that you are not only going to terminate the 3Mail service but all 3Mail addresses is, to me, a detrimental change to the original agreement. I also find it completely unacceptable that to keep my emails I need to forward each one to another email address. To this end please accept this as my 30 day notice to terminate the contract as per section 10.1 part (d) making the end of notice period 4th September. I would be grateful if you can forward my PAC code to me within the 30day period to minimise more disruption to my service.

A copy of this notice of termination has been sent recorded delivery to your offices in Glasgow & Berkshire as well.
I would be grateful if you could reply to either the letter or the email within 2 working days with an acceptance of termination & my PAC code.

Kind Regards"

My response came in the form of an email from Executive Office Manager:

"Dear Richard, Thank you for your email.

As a Mix & Match 300 customer, you have signed up for that plan on a minimum term contract. Further, as you have the Add Internet Max add-on access to email is already included in this package. The removal of 3mail is not a core service which we have offered to you as part of your Mix & Match plan nor have 3 offered 3mail as a way of inducing you to enter into a Mix & Match price plan with 3. 3mail has reached the end of its natural life-span and our messaging/email platforms are being upgraded. Clause 5.7 of our Terms for 3 Services enable 3 to change, withdraw products services for reasons such as obsolescence. 3's email offering to its customers is now far improved and being more widely enjoyed

3 offers a multitude of internet related services to its customers, far more so than its competitors. Due to rapid development in internet technologies, 3 will always be adding new and removing old services but it does so in order to deliver the best experience for its customers.

As the 3mail removal is not a detrimental variation to your agreement, you do not have the opportunity to terminate without payment of an early termination fee.
We will of course provide you with your PAC code, however upon use, the relevant terminations fee's will be applied to your account.

I hope this email addresses the points you have raised.

Best Regards, Steven

Steven Cocker
Executive Office Manager, 3"

To which I replied:

"Thank you Steven for your reply, however you have mentioned that as I have the Add Internet Max add-on access to email is included but if you terminate the 3mail service what is the point in me having the internet add on for email? I do not and will not use internet mail – I purchased the contract to make use of the E71 as an email phone (push email for that matter). With respect of your comment of 3 offering the Mix & Match plan to induce me, that’s completely irrelevant as I’ve been a 3mail customer longer than I’ve had the Mix & Match upgrade. 3mail is being ended due to it costing 3 too much to run. If it is the case of obsolescence I have not yet seen evidence of this.

I am afraid I disagree with you as the removal of 3mail is a detrimental change to me. I will now have to provide many people / companies with an alternate address – change log ins and such so that I can access and receive my information and as the information page suggests – send all emails in my inbox to another address to keep them. 4.1 terms of service also state that “we may vary any of the terms of your agreement, including our price plan, on the following basis: (b) if you are a pay monthly customer, we will let you know at least one month in advance if we decide to: (ii) make any variations to your agreement which are likely to be of detriment to you, which suggests that the text message for ending the 3mail service is likely to be of detriment to anyone who has signed up.

If I continue you mention clause 5.7 this also states that I can end the agreement if this variation is likely to be of detriment to me. Which as I have explained above, it is."

And got this back:

"Dear Richard,

Thank you for your response.

Access to internet mail is the main alternative available to consumers, as it is individual choice and you have stated you will not use this.
The upgrade to our platforms is taking place to ensure we can add wider ranges of choice & products in the future, and as such the removal of 3mail is one of the outcomes. There is no question of cost involved, in fact while 3mail is charged for messages sent, the alternative of internet mail would be included within our internet add ons, in your case Internet Max.

I clearly understand you may disagree, however my stance in regards to my initial response is unchanged.

I reaffirm, we will provide you with your PAC is that is your wish, however Early termination charges will be applied to the account upon use to the code to transfer your number.

As a resolution, I am happy to apply a credit to your account to cover the costs of any emails you may have to send to transfer your data - up to £10.

Best Regards

Steven"

I'm now stuck as I'm not too sure where to go from here?

vigilaire · 6 August 2009 at 12:55PM

Good luck! I hate 3 with a passion. They are the most dishonest network around, they do not deserve to be in business. Avoid them at all costs.

Snakeeyes21 · 6 August 2009 at 2:00PM

No chance of cancelling. The 3mail service is an optional extra. You never signed a contract that allowed access to the 3mail service, so theres no breach in contract.
you could argue that your voicemails were sent to your 3mail account and you downloaded them to listen to, by removing the 3mail service you now have to pay to listen to your messages.
but as the 3mail isnt part of the contract i doubt you would get very far. But its worth a shot

Money_Saving_Monkey_3 · 6 August 2009 at 2:38PM

Isn't phoning voicemail free anyway?

I've been through the contract - I just can't see anyway out of it...

I'm just annoyed I missed the likehome thing they ended in June! I could've cancelled for that...!

former3mailuser · 19 September 2009 at 12:57PM

I called Three customer services today to enquire what happened with 3mail.

In response I was told that I have to move to 'Email on 3'. When I pointed to the additional cost, I was told that also 3mail has cost me extra. This is incorrect. Because the discussion with the call centre agent was not getting anywhere, I requested an address to which I can post a written complaint. I was told such address does not exist. Finally the call centre agent agreed to forward me to his supervisor. After 15 minutes in the queue to the supervisor my call was (automatically?) disconnected.

I had discussed in detail different email options at the Three shop when I signed up for my contract. I was not given the impression that 3mail is a temporary offer which Three can disconnect at their liking.

sporedude · 19 September 2009 at 1:02PM

No it wont, Companies normally take these kind of services away all the time, I think the Office 3 use for complaints is in Glasgow...

Sorry to take away your wormhole for getting out of a contract former3mailuser.

DarkConvict · 19 September 2009 at 2:30PM

As they state it is an Add-on not a core service.
I.e.
If you buy the dolphin 30 plan on orange, and add the 500mb internet. They can remove the internet service given 30 days notice.

However if dolphin 30 included internet in the price of the contract, as it is at the moment. Then they cannot remove the service without your agreement (in which you could request a discount or free termination)

3 Mobile 3mail end, contract termination?

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free