In a contract I didn't even know I agreed to!

helpwanted01

Hi. You may ask how this could happen but it has. I have paid to date 40euro each month for 9 months-360 euro in total , for a phone contract I didn't know of. But how you ask?

Well I moved to London in January and it coincided nicely with my contract running out, (or so I thought). I had gotten calls from 3 about upgrading for another 12 months, 2 months prior to my contract running out. I politely said thanks but no thanks. And then this is where I have hit trouble....

I was then offered a 2 month bill waiver as I wouldn't be taking them up on the 'bonus of the upgrade', then this was the alternative. I agreed to this as I thought why not, I get my last 2 months free. Maybe naive of me, but that is genuinely what I thought.At no stage, did I think I had 'agreed' to this waiver on the condition of a 12 month contract extension.

I don't check my Irish bank account since I moved to London and it turns out the standing order continued to take the monthly payment since last January onwards. I have just discovered this now. I am furious, annoyed, gutted and many more things.

My questions:
1. Have I any grounds to refuse to pay the remaining months (expires in Jan 2014)?
2. Have I any grounds to get what I payed since Jan back?
3. Is it acceptable to enter these contracts over the phone ONLY. As I can't recall the exact conversation but either I completely misunderstood what was been offered to me OR I was misinformed. Either way, any advice on what I should do next???

Also, for the record I have never used any data, calls or text on the account since Jan last.

Any help appreciated.

Cheers,

From a worried and reluctant 3 mobile contract holder

beauf

Ring them and ask to hear the recording of when you agreed to a new contract. They may not have mentioned it when they offered the wavier.

I don't know about 3 but O2 never mention the new contract anytime they ring me with an "offer". On at least one occasion they had to put me back on my old plan because they changed it without telling me.

helpwanted01

beauf wrote: »

Ring them and ask to hear the recording of when you agreed to a new contract. They may not have mentioned it when they offered the wavier.

I don't know about 3 but O2 never mention the new contract anytime they ring me with an "offer". On at least one occasion they had to put me back on my old plan because they changed it without telling me.

Thanks for your feedback.

Yes, I have requested the recording but not as easy to get hold of as you would think. They do not automatically share it. it requires an official request and even then is not guaranteed.

ted1

even if you didn't take out anew contract they woul dhave kept billing you, standard practice and quite legal to contiue providing the service till instructed not to. could you imagine what woudl happen if they automatically disconnected eeryone every 12 months.

jimmycrackcorm

Op, it sounds like you didn't actually cancel your contract. You accepted a two month waiver alright but did you actually write or email your cancellation?

helpwanted01

jimmycrackcorm wrote: »

Op, it sounds like you didn't actually cancel your contract. You accepted a two month waiver alright but did you actually write or email your cancellation?

Just so you have the facts, I'll be honest, I didn't write to cancel my contract.

Davy

helpwanted01 wrote: »

Just so you have the facts, I'll be honest, I didn't write to cancel my contract.

The terms state in the small print that you cancel by giving 30days notice in writing to three. This is the case even after 12 months.

During the 12 months it's the same but the fee applies to pay your way out. No fee applies once outside of the minimum term ofcourse

Cushie Butterfield

helpwanted01 wrote: »

Just so you have the facts, I'll be honest, I didn't write to cancel my contract.

That's the problem so. From time to time the Three retentions dept do offer a credit worth two months of your normal subscription charge, & this is normally a 'no strings attached offer' (I've availed of it on a few different occasions when I was a customer of theirs). It's meant to be a sweetener to keep your business while you make up your mind to stay with them or choose an alternative provider.

Normally when you satisfy your contract term you then just move automatically on to a rolling monthly contract which you can cancel at any time (with 30 days notice). It seems that you didn't actually do this, so I doubt if you have a leg to stand on unless the call transcripts reveal otherwise.

helpwanted01

Davy wrote: »

The terms state in the small print that you cancel by giving 30days notice in writing to three. This is the case even after 12 months.

During the 12 months it's the same but the fee applies to pay your way out. No fee applies once outside of the minimum term ofcourse

OK I understand that to be the case.

However, if I was entered into a contract I didnt agree intentionally at least, does this not give me some rights. I can prove I was genuinely not intending to enter the contract as I have not used any of the data, text or calls within the contract. Surely this is validation, I was misinformed or as Three will probably say, I misunderstood.

Also, how is entering into a contract via the phone only allowed? Surely this is not sufficient as there is no way that Three could guarantee that at the time of the agreement, that I was fit to enter into it. Is this not a requirement?

helpwanted01

Cushie Butterfield wrote: »

That's the problem so. From time to time the Three retentions dept do offer a credit worth two months of your normal subscription charge, & this is normally a 'no strings attached offer' (I've availed of it on a few different occasions when I was a customer of theirs). It's meant to be a sweetener to keep your business while you make up your mind to stay with them or choose an alternative provider.

Normally when you satisfy your contract term you then just move automatically on to a rolling monthly contract which you can cancel at any time (with 30 days notice). It seems that you didn't actually do this, so I doubt if you have a leg to stand on unless the call transcripts reveal otherwise.

Cheers for the feedback. Yes, but I can remember thinking that this is handy getting a thank you from 3 and repeatedly stating I didn't want any upgrade or extension deal.

Cushie Butterfield

helpwanted01 wrote: »

Cheers for the feedback. Yes, but I can remember thinking that this is handy getting a thank you from 3 and repeatedly stating I didn't want any upgrade or extension deal.

The problem is that you didn't actually enter a further contract. If you check the terms of your original contract you will find that it automatically continues as a monthly rolling one until you give 30 days notice of cancellation. So, whether you were at the end of your 12/18/24 month contract or in the rolling monthly contract you still would have had to give 30 days notice of cancellation.

Obviously what happened was that you rang up to enquire how to cancel & were offered the two months free credit sweetener to lure you to stay as a customer on a rolling contract. Somewhere along the line there was some sort of misunderstanding or miscommunication by either you or the Three rep as regards your intentions.

It might be best for you to contact ComReg for clarification as regards where you stand & what steps you need to take. They will tell you to go through the normal complaints process, but they might be able to indicate to you whether or not it's worth all the bother. They will give you a reference number which you should keep for future use. I know that to make a formal complaint to Three you have to actually put the words FORMAL COMPLAINT in the subject line of your email, otherwise it will be ignored.

I presume at this stage you have cancelled both with Three & also more importantly the direct debit with your bank.

IsOrangeDee

I would recommend contacting Comreg. They will inform you of all your rights and will even contact your provider on your behalf if they feel it is necessary. I've used them before when I was way overcharged on a broadband bill and my provider rang me shortly after being contacted by Comreg offering to cancel the bill. You can find their contact details here. Just explain to them what happened and, in my experience, they will be very helpful and pretty much take it from there.

ted1

you actually havnt said weather you've been told your in a new contract. write to them and tell them you want to discontinue their service, or even easier ring them and tell them to switch you to prepay. you can keep your number and your phone will work for months. handy for when your home.

helpwanted01

ted1 wrote: »

you actually havnt said weather you've been told your in a new contract. write to them and tell them you want to discontinue their service, or even easier ring them and tell them to switch you to prepay. you can keep your number and your phone will work for months. handy for when your home.

I was never formally told I was in new contract. Nothing was ever sent in the post, and was never told directly.

By writing to them and telling them I want to discontinue will not be sufficient as in their eyes, I agreed to a 12 month contract which is not due to expire until Jan 2014. Therefore the only means of ending the contract is by paying the remaining months in full.

beauf

ted1 wrote: »

even if you didn't take out anew contract they woul dhave kept billing you, standard practice and quite legal to contiue providing the service till instructed not to. could you imagine what woudl happen if they automatically disconnected eeryone every 12 months.

They will disconnect pay as you go if its not used....