Three (Mobile network) Direct Debit over charge

[Farshad]

Hi Forum, I am new here, so I hope someone can help.

Back in June 2011, my mobile phone contract with t-mobile was coming to end, and I was keen on getting the best deal for Samsung Galaxy S2.

 

The best deal was with "Three", so I decided to order the phone and contract for 24 months online,

and all went well.

 

In the meantime, I contacted t-mobile and asked to terminate my contract.

And as you may know, they throw a big offer that was better than the "Three" offer.

 

Having been happy with t-mobile, I decided to cancel my order with Three.

I received the phone from Three, but I sent it back immediately, (it was received well before the 14 days cooling off period),

and phoned them and they confirmed that all is ok and you don't have to do anything.

 

Last week, I have accidentally seen an amount 0f £36 on my online bank statement that just showed H3G.

 

Looking suspicious, I googled it and it turns out to be Hutchinson 3G, which is the "Three" network!

 

I am just amazed that so long had passed and I did not spot that on my online statements.

 

But I recall, that I used to have an insurance with Hutchinson company till lately, and till recently,

on the bank statement used to see the Hutchinson, thinking that it was my insurance!

 

It turned out that my Insurance name on statement is "Hutchinson taylor" and it was only when three, changed their name to H3G,

then it raised alarm! I must admit, that I have done a very bad book-keeping for such late discovery!

 

However, there has been over 20 months, since they have been withdrawing £36 from my account every month, without a Phone or a Phone number or any statement to my address!

 

I contacted them last week. It took over 2 hours of talking with different people from Cancellation department to online department to online cancellation department...

 

. I was told that yes, you have sent the phone back within the 14 days period,

and have asked for cancellation, but because the contract is for 24 months,

we can't cancel it because otherwise, you will owe us for the remaining 4 months!

 

This went on for sometime and I finally gave up after being on hold for another 30 minutes!

 

I filled an online complaint, and received a confirmation of receipt on 8th of January this year,

and although they said they will contact me by email,

 

I only had one voicemail from them, where he was advising me to call them on 333 with "Three" mobile number!

 

I filled another online complaint form with the reference of the previous one. this time no reply at all!

 

To me, this is like thieving people!

 

They know the contract never started,

they confirm the phone was sent back within the cooling off period,

yet, they do not reply and worse, refund my money,

which by now is over £700 of payments.

I have cancelled my DD immediately already.

 

I like to hear from the experts here as to what can I do legally to force them to pay back the funds

and if I can sue them for negligence and lack of due care.

 

Also, had I not have raised this, they would have happily have charged me,

despite the fact that I do not have a number,

and obviously the bills for the past 12 months must have been null values!

 

What can I do? Please advise.

[dx100uk]

invoke DD guarantee with your bank

they MUST refund the lot within 24-48hrs.

 

phone them up

state you have NEVER had any monthly notice of the sums that were to be withdrawn

 

no paperwork ever

and that the contract was cancelled within 14 days 20mts ago.

 

dont get into too much detail

 

just simply state that you had just discovered that H3G have

been getting DD's from your account for a non existant contract

 

dx

[Farshad]

Thanks dx for your prompt reply.

 

I will call the bank first thing in the morning. Will post here what may come of it!

 

Cheers,

Farshad