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

GerardKeating

helpwanted01 wrote: »

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

When did you cancel your contract with 3, once the initial 12 months is up, you are on a rolling contract with a 30 day notice period.

helpwanted01

GerardKeating wrote: »

When did you cancel your contract with 3, once the initial 12 months is up, you are on a rolling contract with a 30 day notice period.

This is my issue Gerard. Three are saying I agreed to a 12 month extension in exchange for a 2 month waiver of the current contract. I dispute this as I genuinely never realized it was on the condition I would sign up to another 12 months. I was leaving the country so would have made no sense for me to agree to this.

Thoie

helpwanted01 wrote: »

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???

Lousy situation - you're probably right, the 2 months free was probably for signing up for another 12 month contract. To answer question 3 first, yes, it is acceptable and possible to agree to and enter a contract over the phone.

The fact that it wasn't clear to you that you were signing up to a contract is the problem - at this remove we have no way of knowing whether you just weren't listening carefully, or whether the agent never told you.

If it was me, I'd write to them (registered letter), and say that you've been out of the country since whenever, no longer using your Irish account, and it's just come to your attention. Point out that as you had already planned to leave the country you would not have agreed to sign up to a 12 month contract, and don't believe you did so. Ask them to provide a copy of the recording where you agreed to a 12 month contract, and if they can't provide that, then you'd like a refund, and immediate cancellation of the remainder.

Here are 3's complaint procedures. http://www.three.ie/pdf/3%20Code%20of%20Practice.pdf If you exhaust those with no joy, then you can escalate it to Comreg- http://www.askcomreg.ie/tell_us/complaints_and_queries.51.LE.asp

helpwanted01

Thoie wrote: »

Lousy situation - you're probably right, the 2 months free was probably for signing up for another 12 month contract. To answer question 3 first, yes, it is acceptable and possible to agree to and enter a contract over the phone.

The fact that it wasn't clear to you that you were signing up to a contract is the problem - at this remove we have no way of knowing whether you just weren't listening carefully, or whether the agent never told you.

If it was me, I'd write to them (registered letter), and say that you've been out of the country since whenever, no longer using your Irish account, and it's just come to your attention. Point out that as you had already planned to leave the country you would not have agreed to sign up to a 12 month contract, and don't believe you did so. Ask them to provide a copy of the recording where you agreed to a 12 month contract, and if they can't provide that, then you'd like a refund, and immediate cancellation of the remainder.

Here are 3's complaint procedures. http://www.three.ie/pdf/3%20Code%20of%20Practice.pdf If you exhaust those with no joy, then you can escalate it to Comreg- http://www.askcomreg.ie/tell_us/complaints_and_queries.51.LE.asp

Cheers for the tips of a registered letter and ComReg. Surely at the very least, Three could wave the last 3 months of payments. Its clear due to my inactivity this was an honest misunderstanding.

P. Breathnach

If you agree to a contract as the result of mistake, misrepresentation, or fraud, then the courts can order that the contract be voided. Judges (for the most part, anyway) are not idiots and are well aware the people might try things on, so they are very cautious about accepting an argument that a person entered a contract by mistake.

When I accept an inducement from Vodafone to extend my contract they take me through a carefully scripted routine that clearly formalises the agreement. Should I attempt to renege, they have evidence that I willingly entered the contract.

If you sleepwalked through such a protocol, I'd suggest that it would be a waste of time trying to fight it. If your service provider was more casual in approach and left things unclear, you possibly have a case.

The fact that you never used the service is helpful to your case. If your service provider cannot produce a recording of your agreeing to the deal, that is also helpful.

helpwanted01

P. Breathnach wrote: »

If you agree to a contract as the result of mistake, misrepresentation, or fraud, then the courts can order that the contract be voided. Judges (for the most part, anyway) are not idiots and are well aware the people might try things on, so they are very cautious about accepting an argument that a person entered a contract by mistake.

When I accept an inducement from Vodafone to extend my contract they take me through a carefully scripted routine that clearly formalises the agreement. Should I attempt to renege, they have evidence that I willingly entered the contract.

If you sleepwalked through such a protocol, I'd suggest that it would be a waste of time trying to fight it. If your service provider was more casual in approach and left things unclear, you possibly have a case.

The fact that you never used the service is helpful to your case. If your service provider cannot produce a recording of your agreeing to the deal, that is also helpful.

Thanks for your help. I have requested a copy of the recording of the conversation but it seems I need to formally send a written request as Three won't provide it otherwise.

I honestly can't believe that there is no written confirmation required when a new contract is agreed. Its like getting your car insurance over the phone but never getting a written policy. Baffles me.

Time

helpwanted01 wrote: »

Thanks for your help. I have requested a copy of the recording of the conversation but it seems I need to formally send a written request as Three won't provide it otherwise.

I honestly can't believe that there is no written confirmation required when a new contract is agreed. Its like getting your car insurance over the phone but never getting a written policy. Baffles me.

Based on personal experience with Three i'd recommend paying the 6.50 for a full record of all data held about you. When you have this, you can make a complaint to the data protection commissioners office, that data has been incorrectly recorded on you, for any notes that state you agreed to a new contract, Comreg for mis-selling based on the call recording.

If they still don't refund you at that point, then take a small claims action. If what your saying is true they more than likely won't contest it.

helpwanted01

Time wrote: »

Based on personal experience with Three i'd recommend paying the 6.50 for a full record of all data held about you. When you have this, you can make a complaint to the data protection commissioners office, that data has been incorrectly recorded on you, for any notes that state you agreed to a new contract, Comreg for mis-selling based on the call recording.

If they still don't refund you at that point, then take a small claims action. If what your saying is true they more than likely won't contest it.

I have now requested the recordings and waiting to receive them. Told it can take up to 40 days. Do you know if I will receive everything they have on me from voice recordings to notes etc? Not quite sure what to expect.

Thoie

helpwanted01 wrote: »

I have now requested the recordings and waiting to receive them. Told it can take up to 40 days. Do you know if I will receive everything they have on me from voice recordings to notes etc? Not quite sure what to expect.

Did you make a request under the Data Protection Act for all data + recordings, or did you just ask for the recordings?

Fred Swanson

This post has been deleted.

Time

helpwanted01 wrote: »

I have now requested the recordings and waiting to receive them. Told it can take up to 40 days. Do you know if I will receive everything they have on me from voice recordings to notes etc? Not quite sure what to expect.

If you have made a request under DPA then they are obliged to provide you with whatever information you have requested, in my case they provided me with the calls they had recorded (around 30% of those made were recorded) and all notes from my account, along with some other miscellaneous info.

Based on this they had nothing to back up what they were claiming and i didn't need to take any further action. I did have to make a complaint to the Data protection commissioner though as they didn't provide the info in the 40 days required.