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  • FIRST POST
    • suzieNR
    • By suzieNR 10th Apr 18, 8:03 PM
    • 1Posts
    • 0Thanks
    suzieNR
    3 mobile charges
    • #1
    • 10th Apr 18, 8:03 PM
    3 mobile charges 10th Apr 18 at 8:03 PM
    Recently found that my mobile contract ended about 6 months ago when the handset was paid off. 3 have been charging me since then for the calls AND the handset.
    I contacted the chat line and they told me to contact the cancellation team who would refund the overpayment. However when I did so the cancellation team said it was my fault as I should have checked and therefore they wouldnt refund. Is this legal? It certainly doesnt seem fair especially as they said it is not their policy to warn customers so there is no prior notification .
Page 1
    • pmduk
    • By pmduk 10th Apr 18, 8:11 PM
    • 8,287 Posts
    • 6,107 Thanks
    pmduk
    • #2
    • 10th Apr 18, 8:11 PM
    • #2
    • 10th Apr 18, 8:11 PM
    Your mobile contract ends when you give notice, not at any other time. They will almost certainly tell you a minimum contract period, but it is still for you to give notice after that period.

    The cancellation team are entirely correct.
    • d123
    • By d123 10th Apr 18, 9:14 PM
    • 7,174 Posts
    • 4,640 Thanks
    d123
    • #3
    • 10th Apr 18, 9:14 PM
    • #3
    • 10th Apr 18, 9:14 PM
    Recently found that my mobile contract ended about 6 months ago when the handset was paid off. 3 have been charging me since then for the calls AND the handset.
    I contacted the chat line and they told me to contact the cancellation team who would refund the overpayment. However when I did so the cancellation team said it was my fault as I should have checked and therefore they wouldnt refund. Is this legal? It certainly doesnt seem fair especially as they said it is not their policy to warn customers so there is no prior notification .
    Originally posted by suzieNR
    You were never paying a separate payment for the handset, you were simply paying a price plan that happened to include the provision of a handset.

    Your contract does not come to an end, you reached the end of the minimum term and at that stage could have ended it with 30 days notice, negotiated a sim free plan of you were still happy with your existing handset or obtained a PAC and moved your number to an alternative provider.

    It's quite legal, and also quite normal for contracts to continue running until the above happens.

    Now you know you can do one of the above, which you really should have done 6 months ago. Surely you realised that the 2 year minimum term had completed?
    ====
    • Louisdf
    • By Louisdf 11th Apr 18, 10:55 AM
    • 563 Posts
    • 663 Thanks
    Louisdf
    • #4
    • 11th Apr 18, 10:55 AM
    • #4
    • 11th Apr 18, 10:55 AM
    Your sky box doesn't just switch off after 2 years, neither does your phone.
    • Kernel Sanders
    • By Kernel Sanders 14th Apr 18, 8:47 PM
    • 3,263 Posts
    • 1,333 Thanks
    Kernel Sanders
    • #5
    • 14th Apr 18, 8:47 PM
    • #5
    • 14th Apr 18, 8:47 PM
    They will almost certainly tell you a minimum contract period.
    Originally posted by pmduk
    And they nearly always neglect to mention it is actually a minimum.
    #JeSuisCharlie
    • d123
    • By d123 14th Apr 18, 9:06 PM
    • 7,174 Posts
    • 4,640 Thanks
    d123
    • #6
    • 14th Apr 18, 9:06 PM
    • #6
    • 14th Apr 18, 9:06 PM
    And they nearly always neglect to mention it is actually a minimum.
    Originally posted by Kernel Sanders
    What are you trying to say?

    Anyone who can read can quite quickly see there is a minimum term.

    Page 1, in the Quick Summary at the very beginning...



    Quick Summary

    Here's a quick summary of some of the key points that we'd like you to be aware of. The full terms of your agreement with Three are below - it's important that you read and understand them before you sign up to Three and start using Three Services. At the end of these Terms we've set out definitions of capitalised words used in these Terms. If there is any inconsistency between this summary, and the full terms set out below, the full terms will apply.

    A. Your Minimum Commitment: You agree to stay with us for the Minimum Term. The minimum price for Three Services provided under this agreement is the Monthly Charge for the Minimum Term.
    And as you read the terms..

    3.3 If your Package has a Minimum Term, you agree to remain Connected to Three for that Minimum Term. You have limited rights to end the agreement during the Minimum Term as set out in Section 10.

    If your Package doesn't have a Minimum Term, or your Minimum Term has ended, we'll supply you with Three Services until either of us chooses to end the agreement in any of the ways set out in Section 10.
    ThreeUKterms
    ====
    • Kernel Sanders
    • By Kernel Sanders 14th Apr 18, 9:09 PM
    • 3,263 Posts
    • 1,333 Thanks
    Kernel Sanders
    • #7
    • 14th Apr 18, 9:09 PM
    • #7
    • 14th Apr 18, 9:09 PM
    Obviously I'm talking about instore salespeople/webchat/advertising.
    • d123
    • By d123 14th Apr 18, 9:31 PM
    • 7,174 Posts
    • 4,640 Thanks
    d123
    • #8
    • 14th Apr 18, 9:31 PM
    • #8
    • 14th Apr 18, 9:31 PM
    Obviously I'm talking about instore salespeople/webchat/advertising.
    Originally posted by Kernel Sanders
    You think people are under the impression that there is no minimum term when they pop into a phone shop and get a Galaxy S9+ or iPhone X for 50 quid?

    What do you think people think the contract they're signing is all about then?

    By the number of people who post about how they're now entitled to an upgrade it would seem the vast majority are quite well informed it's a 2 year minimum contract...
    Last edited by d123; 14-04-2018 at 9:34 PM.
    ====
    • Kernel Sanders
    • By Kernel Sanders 15th Apr 18, 3:44 PM
    • 3,263 Posts
    • 1,333 Thanks
    Kernel Sanders
    • #9
    • 15th Apr 18, 3:44 PM
    • #9
    • 15th Apr 18, 3:44 PM
    You think people are under the impression that there is no minimum term when they pop into a phone shop and get a Galaxy S9+ or iPhone X for 50 quid?
    Originally posted by d123
    Of course people are aware they will have to keep up payments for a minimum period. Many assume the minimum has been fixed at 2 years, because it will have covered the handset costs (plus a big profit). The issue is whether or not customers are being properly informed that this minimum is not a fixed period. I maintain that they are not.
    • mobilejunkie
    • By mobilejunkie 15th Apr 18, 5:10 PM
    • 7,694 Posts
    • 2,468 Thanks
    mobilejunkie
    Of course people are aware they will have to keep up payments for a minimum period. Many assume the minimum has been fixed at 2 years, because it will have covered the handset costs (plus a big profit). The issue is whether or not customers are being properly informed that this minimum is not a fixed period. I maintain that they are not.
    Originally posted by Kernel Sanders
    You think? Some people plainly don't seem to think they have to keep up payments for the minimum term judging by some of them on here.

    As for being "informed", there's a basic principle in English Law which has existed for hundreds of years, namely "caveat emptor". Buyer beware means people should assume they are being conned check what they are contracting to. Since mobile contracts are provided with written terms and conditions it's their choice whether to read them or not.
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