3 Mobile Price plan change - Can I cancel?

TT Bone

3 Mobile have upped the price of their calls to EU. As this is a change in their T&C's I assumed I had the right to cancel my contract. But when I rang they said that its in the small print that they can chance t&c's anytime! This must make the the contract unfair in consumer law? I cant change my terms wit them and say that I can pay less for their service at any time!
Anyone know what my rights are here? Tried looking them up but laws really unclear. Anyone have past experience of this with mobile companies?
Thanx!

Sam Vimes

"Under Regulation 17 of the European Communities (electronic communications networks and services)(Universal Service and Users’ rights) Regulations 2003 an operator shall, not less than one month prior to the date of implementation of any proposed modification, notify its subscribers to that service of the proposed modification in the conditions of the contract for that service, and their right to withdraw without penalty from such contract if they do not accept the modification."

It's on their own website:
http://www.three.ie/pricechanges/

Davy

They are allowed change them yes, here is the terms that are agreed

We may vary any of the terms of your agreement,
including our Price Plans, on the following basis:
(a) any updated Price Plans and new terms
will be available on our website and on request
to 3 Customer Services;
(b) if you are a Pay Monthly Customer, we will let
you know at least one month in advance if we
decide to:
(i) discontinue your Price Plan; or
(ii) make any variations to your agreement
which are likely to be of detriment to you; or
(iii) increase the fixed periodic charges
for your Price Plan (if applicable) by an amount
which is more than the percentage increase in
the Retail Prices Index Figure (or any future
equivalent) in any twelve month period.
You can end the agreement for such variations as
explained in Section 10. Subject to the above, you
will not be able to end the agreement if such
variation or increase:
(i) is due to changes to the law, government
regulation or licence which affect us; or
(ii) relates solely to Additional Services; or
(iii) relates solely to Add-on(s) (if applicable to
you). In such circumstances you will not be able
to end your agreement but you will be able to
cancel the Add-on(s) by giving us 30 days’
written notice;

TT Bone

Sam Vimes wrote: »

"Under Regulation 17 of the European Communities (electronic communications networks and services)(Universal Service and Users’ rights) Regulations 2003 an operator shall, not less than one month prior to the date of implementation of any proposed modification, notify its subscribers to that service of the proposed modification in the conditions of the contract for that service, and their right to withdraw without penalty from such contract if they do not accept the modification."

It's on their own website:
http://www.three.ie/pricechanges/

Thanks for this, they seem to be contradicting the second post here though! See what I'm up against!!!:mad:

TT Bone

Thanks Davy, but it does say I have the right to cancel. Though it does also mention regulation changes, im thinking of the new EU rates, but 3 were originally cheaper than the EU recommendations

I think I'll just have to ring them up and argue my case, in this case i think we are both just chancing our arm!

Many Thanks for the posts lads!:)

Let you know how it goes!

Sam Vimes

Davy wrote: »

They are allowed change them yes, here is the terms that are agreed

Ah yeah we know they can change it but CC were telling him he didn't have the right to cancel

Sam Vimes

TT Bone wrote: »

Thanks Davy, but it does say I have the right to cancel. Though it does also mention regulation changes, im thinking of the new EU rates, but 3 were originally cheaper than the EU recommendations

I think I'll just have to ring them up and argue my case, in this case i think we are both just chancing our arm!

Many Thanks for the posts lads!:)

Let you know how it goes!

You're not chancing your arm mate, you definitely have the right to cancel. Give them that link and there's not much they can say to argue with you. They'd only be arguing with themselves

Davy

TT Bone wrote: »

Thanks Davy, but it does say I have the right to cancel.

Well as much as i dont like to say it, they are within their rights in my opinion and you wont be allowed cancel. EU calls are not part of your monthly price plan so therefore they can change them

Sam Vimes

Davy wrote: »

Well as much as i dont like to say it, they are within their rights in my opinion and you wont be allowed cancel. EU calls are not part of your monthly price plan so therefore they can change them

They're part of the terms and conditions that were signed up to though. They're not free to change anything they want except the core minutes and texts. And even if they were, other changes were made that do allow him which to cancel is why the notice is on the site so he can just quote the reasons on the page I linked to

Davy

Well i hope it does work out for the op, i cant see it being clear cut.

drunkmonkey

what network are you going to move to, I thought 3 still have the cheapest calls to Europe?

55cent with Meteor, 59cent with o2, 85cent with Vodafone and 39cent with 3?

TT Bone

Got a call back from supposed senior management yesterday. (from UK number???). Ended up in an argument, he was such an ass, just kept spouting the same line- if you cancel the contract you'll have to pay penalties. Even when I read him that quote from the t&c's! I think they are just hoping I give up, but Im going to keep ringing till someone listens. :mad:

PS Im looking to cancel because I need too switch to prepay, cant commit to the contract anymore.

Sam Vimes

TT Bone wrote: »

Got a call back from supposed senior management yesterday. (from UK number???). Ended up in an argument, he was such an ass, just kept spouting the same line- if you cancel the contract you'll have to pay penalties. Even when I read him that quote from the t&c's! I think they are just hoping I give up, but Im going to keep ringing till someone listens. :mad:

That's pretty much what they do alright. I'd recommend you send in a letter, not saying you want to cancel but informing them that you are cancelling. Send it by registered post and include the legislation quoted from their site. They're just chancing their arm. Lots of people on boards have refused to deal with them on the phone because of the frustration and often even when they eventually do what you want they "forget" later on

TT Bone

Yeah i'll try writing, never been so frustrated in my life trying to talk to them. I'd advise anyone to avoid like a dose of swine flu!
Thanks for the help lads:), keep you posted!

TT Bone

Ok looks like I've finally got some joy. Rang again and they said I can cancel but need to speak to a manager tomorrow. The cancellation guy said that he would be offering me a great deal that I would find hard to refuse!:D Maybe the staff on Sundays aren't as battle hardened as the regulars!lol!
Though it would need to be €5 p/m for me to even consider staying with them after this!

Our man in Havana

I wouldn't be surprised at all if they renege on the cancellation tomorrow.

Mimikyu

This post has been deleted.

TT Bone

And theres me getting my hopes up too! Can't see them reneging on it from what they said today, but their cs is reckless to say the least!:P

Let you all know how it goes

Thanks lads!:D


Contract Cancelled today, didn't offer me any "deal", kind of upset about that, wanted to make them squirm a bit for playing hardball!
Job done anyway, Many Thanks for all the help!