3 will take me to court

[sulligogs]

Hi everyone,

 

This is going to be a long post so please bear with me. I started this thread over on [EDIT] back in October of 2007, but I will continue with it also on here.

 

I went on a contract with 3 in April of 2007. Everything was great for about a couple of months until one day I got a phonecall of a friend. Oddly enough, my ringtone was playing really fast - like it was on fast forward or something. I thought it was odd and after the phonecall I assumed it was a one off glitch. Anyway, over the next couple of days I found the following:-

 

1) Battery would no longer hold a full charge for more than 5 hours or so.

2) Playing back video would result in the phone crashing and restarting itself.

3) Recording video or taking a picture gave me a "camera on standby" message.

 

So, I went to my local 3 shop in Solihull of Birmingham, England. They took the phone and a week later I went back to check up on the progress of things. They handed me a letter from their repair centre which said that the phone had been damaged and not covered under their warranty. To get it fixed I would need to cough up £30. Needless to say I wasn't falling for it because I always take care of my possessions and I knew the phone had not been dropped as they were suggesting.

 

Please take a look at the letter that 3 had issued to me:-

 

http://www.newclearview.co.uk/6280-3/6280-3-front.jpg

 

Here they have a picture on the left hand side apparently showing the "damage" to the inside of the phone. I was bemused by this because I couldn't even see what they were referring to.

 

The picture is blown up again here:-

 

http://www.newclearview.co.uk/6280-3/6280-3-image.jpg

 

Still nothing!

 

Anyway, I wrote an email of complaint to 3's head office and got a phonecall from them the next day. The caller mentioned that the problem was down to the "little square" just above the battery connectors. I pointed out to her that she was actually referring to the flash of the camera. Besides, it was another 20 minutes of having to defend myself against the implied accusation that the phone was damaged and listening to the broken record of either paying £30 to get it fixed or to just take it as it is.

 

In the end I threatened to cancel my Direct Debit, which certainly shook her up a bit, but still there was no budging on her behalf.

 

For a while after that I had had to have the phone literally charging twice a day with no functionality from the camera or video. It could still make calls, but the thought of it completely breaking down with the rest of the contract to pay off frightened me.

 

Then, in the month of November 2007, I checked my next bill and found that 3 were going to charge me not £17.50 as set out in the contract, but £35 - the price of full line rental. I sent them an email only to receive a circular response that answered nothing of my query. So, I sent them another email this time clarifying in all certainty the question of why I was going to be billed more. I got a phonecall from them a few days later.

 

Essentially, the reason I had been charged £35 was because, 3 "could not apply the credit". I was confused by this, but that turned to surprise when they next said that they would credit my mobile account with £210. I was gobsmacked, but I definitely remember asking if anything would change on my contract. The answer, I remember clearly, was a "no". I actually thought that through all the problems I had had with my phone and the fact that I advised them weeks earlier I had posted my experiences with 3 on [EDIT] was perhaps their way of keeping me quiet. Why else give me £210 of mobile credit?

 

Christmas time came and lo and behold on my bill was £35 deducted from that £210 credit that 3 had given me. A friend who knew the troubles I was going through bought me a new mobile phone as a gift, that was compatible with 3, so I started using it straight away with my contract SIM card. I then cancelled my Direct Debit in the event of being overcharged again.

 

May of 2008 and I got a phonecall from 3 stating that I owed them £35 for that month. I explained that I only signed to pay £17.50 per month. The guy on the phone then said that as I had not paid anything for the past few months that I would have to pay £35 now each month to make up the payments. I was furious as I wasn't told anything of this and it was confirmed in that previous phone call that my contract would not change.

 

I countered by stating that although no monies had been paid from by back account that they had actually taken credit from my 3 account, in the sense that if someone gives you something then that something becomes yours. I believe that phone call lasted about an hour.

 

Anyway, several phone calls go by over the next few weeks and bills begin to mount. On a later conversation with them I asked if I could just pay the normal £17.50 per month. The 3 operator said that I couldn't. So, I asked if I could pay £17.50 per month by Debit Card instead. Ah ha! The 3 operator said that I could! Well, this was so simple! If the problem was that their system can't be reversed to accept half-price line rental payments then paying this way was a solution. She definitely said that I could pay monthly this way at that amount. So, I paid £30 over the phone by Debit Card to cover the existing bill.

 

Until then when this whole fiasco started, I had hardly used my contract phone. I was serious about getting rid of 3 and wanted to show this. After that last phone call, thinking I was in the clear, I began using it as normal again.

 

A week later and just to check that all was well I gave 3 another call. This time another operator explained that I couldn't pay like this! I had to pay £35 each month no matter what! I can't tell you how upset and tired I had become of the entire situation, as I'm sure you, the reader has. I finished that call by saying that I wasn't going to pay a penny more and that I would discontinue using the contract phone.

 

And then yesterday came along.

 

I got a letter from Advanced Telecoms Debt Collection Services Limited based in Glasgow. I would have to pay such and such amount. I gave them a call and we discussed my situation to 3's. I was advised that I could end up paying hundreds of pounds back. Nonetheless, I'm maintaining my stance and would rather see them in court if it comes to it.

 

Having read through the terms and conditions 3 have to give me 14 days notice before any change of payments are required. They did not do this. How are they able to make and bend the rules as they go along beats me.

 

During the last few weeks I have contacted Trading Standards twice by email. To date I am still awaiting for some kind of response and will chase them up this week.

 

Hope I haven't bored anyone yet!

 

Sulligogs

Edited June 29, 2008 by Rooster-UK
Unauthorised links removed.

[jumpjet]

Not bored ! Confused also!

Do you still have the original phone?

If they specified the damage was the little square..why did'nt they explain what the damage was?

Just a thought but did you try the phone with a new/known good battery?

Have you still got it? You may need to get it independently checked!

If you could prove the phone is faulty (there is no obvious signs of abuse) they would not be able to hold you to the contract payments as they did not supply you servicable goods.

I maybe wrong, but from the photos there seems to be some discolouring of the battery terminals. Coupled with the phone needing to be charged so often could suggest a battery fault. Especially if the ring tone payed twice as fast and flash/camera would not work. IE. overvoltage then lack of capacity.

Worth getting the phone checked out.

[sulligogs]

Hi and thanks for replying,

 

I have the original phone and yes I don't understand why they said "little square" instead of actually stating what the fault was.

 

I tried the phone with a friend's Nokia 6280 battery, which he says is working brilliantly, and yes I still got the same symptoms. That is, for the few minutes I tried it I test the video and camera and got the same problems.

 

Where would I go about getting it independently checked? If you know of anyone then please I would be grateful.

 

I think that if there was a battery fault in the first place then it has damaged the phone anyway. I think you're spot on there.

 

What do you make of the £210 credit I received? They gave me it because, in their words, "they couldn't apply the credit". What leg have I got to stand on in that they have changed payments without 14 days notice (or maybe they did give me notice just with that phone call)?

 

I think I can safely say I will never go on another contract phone again. I have had it up to here!

 

Please anyone, any advice would be helpful right now.

 

Thank you

 

Sulligogs

Edited July 1, 2008 by sulligogs

[jumpjet]

they cannot just change the terms of contract by telephone.

If they gave you credit...how can the not apply it?

As for getting the phone checked....I,m afraid I can'nt recomend any one but an internet search for phone repairers in you area should help.

[sulligogs]

Ok scampjet

 

Thanks for those positive words. I will see about getting that phone checked.

 

Many thanks

 

Sulligogs

[buzby]

Advanced Telecoms Debt Collection Services Limited IS Three UK, and is run from their call centre at 123 St Vincent Street, Glasgow. I doubt they'll take you to court. They're track records is to scare and if that doesn't work, they sell the debt on to others to collect.

[OrangePrimate]

Hi

Cant really help with the phone side of things, but looking at the picture, it does seem as if your battery contacts are in bad shape, it is also possible they are referring to water damage.

 

But for the billing issue: you have half price line rental deal, yes?

 

Sometimes the networks cant put on a monthly recurring credit due to system changes, from what i can tell from your post, the contract started in April and you paid 17.50 per month (half of the standard £35)

six months later in November, they say 'they cant put on the credit' and then give you the sum of £210.

 

£210 is exactly 12 x £17.50, (was it an 18mnth contract by any chance?) so what they did was pay you up front for your next 12 mnths half price line rental. You would then be expected to pay the full monthly amount taking your 17.50 each month from the credit they have given you.

 

they wont have neded to give you any notice because they havent actually made any changes to your contract or your charges, so you are not out of pocket in any way so will be liable for all the charges as they have claimed.

would really think twice about taking this one anywhere near a court!

but a letter to their complaints dept with a 'training issue' about explaining thinks properly to the customer wouldnt go amiss!!!

Edited July 1, 2008 by OrangePrimate
missed a bit

[OrangePrimate]

Hi sulligogs, any update?

[sulligogs]

Hi

Cant really help with the phone side of things, but looking at the picture, it does seem as if your battery contacts are in bad shape, it is also possible they are referring to water damage.

 

So they say that I've dropped the phone into some kind of liquid? That's madness because I didn't and it was working great until one day it just rang funny.

 

But for the billing issue: you have half price line rental deal, yes?

 

Yes I do.

 

Sometimes the networks cant put on a monthly recurring credit due to system changes, from what i can tell from your post, the contract started in April and you paid 17.50 per month (half of the standard £35)

six months later in November, they say 'they cant put on the credit' and then give you the sum of £210.

 

System changes? Or was that always going to be part of their plan?

 

£210 is exactly 12 x £17.50, (was it an 18mnth contract by any chance?) so what they did was pay you up front for your next 12 mnths half price line rental. You would then be expected to pay the full monthly amount taking your 17.50 each month from the credit they have given you.

 

I worked out the bit about the £210 being divisible by 12 months. However, to give me some baloney about "not being able to apply the credit" and then just handing me some phone credit so I can pay back in bulk is just not on. How about I turned round and said that I "can't pay the bill" and handing them a 5 year gap before I next paid anything?

 

they wont have neded to give you any notice because they havent actually made any changes to your contract or your charges, so you are not out of pocket in any way so will be liable for all the charges as they have claimed.

 

Well that's wrong. Because if I lend you money and we agreed for you to pay me back at say, £100 a month and then I say to you for no clear reason, "don't pay anything for 6 months" and then at the end of those 6 months I say, "now pay back £600" you would be definitely be out of pocket even though over that 6 month period you would still be paying £600 anyway. The actual payments have changed, but I have no choice but to pay their way because, as they say, they "can't apply the credit".

 

Anyway, I can see you're trying to help so thanks. I've got a letter from Moorcroft Debt Recovery Limited here so I'll have to give them a call.

[sillygirl1]

Don't call them, they will tell you even more baloney. WRITE to them pointing out the facts idiot style ie

 

1. This happened

2. This happened

3. This happened

4. This DID NOT HAPPEN

 

etc and it should stop them in their tracks. Don't forget to put

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

on the top of the letter

[SpiceBoy!]

do a search for Unipart, they do all the warranty work for vodafone and other companies so you might be in luck in that 3 might also use them and you can get the verdict direct from the service centre

 

Im having my own nightmare with 3, solicitor letter cam through for a unprovable debt from like 4 years ago!! so dont expect a quick end to your problems

 

Good luck though!

[Curr946]

funny but i have had this prob (bills not phone) i was told it was 12month half price of text talk 700 £35 meaning a pay 17.50, they did this for 6 months then credited my account with the rest and them took 35 a month i called them and they said that after 6months the system rests the monthly payments and dose not allow them to reapply it so they credit the account instead. must say it sounded daft but they were able to explain it..

[Haven72]

According to the OFT this company dont posess a licence to act as debt collectors, what they have done about it ive no idea. They where chasing me for money but i send the normal prove it or else and they just passed it onto BPO collections. Wonder sometimes what the OFT really do

[locutus]

Maybe they had a licence in 2008 when this thread was last active? lol

[Haven72]

Yeah but they dont now and that is my point, maybe if the thread is that out of date it should be removed XD