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Three Ireland

  • 25-07-2014 9:26pm
    #1
    Registered Users, Registered Users 2 Posts: 6,108 ✭✭✭


    Hi

    Am going to take a case against these for breach of service to get out of a contract with the crooks (they refused to repair my smart phone for a defect in the device that renders it useless, not caused by me and want 150 off me after paying them a fortune as a bill pay customer for 6 years to fix it) whats the first step is it refusal to pay phone bill? Thanks.


Comments

  • Closed Accounts Posts: 1,844 ✭✭✭Snake


    Hi

    Am going to take a case against these for breach of service to get out of a contract with the crooks (they refused to repair my smart phone for a defect in the device not caused by me and want 150 off me after paying them a fortune as a bill pay customer for 6 years)whats the first step is it refusal to pay phone bill? Thanks.

    Well, if you refuse to pay your bill they can counter claim for the money you owe them, also doesn't look good. Also it will be more expensive to take a legal case against them to get out of the contract than to just pay cancellation fees. I know it's a pain to deal with them but that's life. Also they didn't make them phone so they don't actually have to repair it, that's the manufacturers duty. So, essentially you have no case, so you should probably quit while you're ahead and before spending a fortune pursuing this. Just because they didn't fix your phone doesn't mean you can sue them, hate to burst your bubble but that's how it works.

    I might also add that just because you're a bill pay customer for 6 years doesn't mean you'll be treated differently from the next customer. Where in your contract does it stipulate they'll fix your phone for free?

    If it turns out you have a case against them, I'll eat my hat..


  • Registered Users, Registered Users 2 Posts: 6,108 ✭✭✭Technocentral


    GrayFox208 wrote: »
    Well, if you refuse to pay your bill they can counter claim for the money you owe them, also doesn't look good. Also it will be more expensive to take a legal case against them to get out of the contract than to just pay cancellation fees. I know it's a pain to deal with them but that's life. Also they didn't make them phone so they don't actually have to repair it, that's the manufacturers duty. So, essentially you have no case, so you should probably quit while you're ahead and before spending a fortune pursuing this. Just because they didn't fix your phone doesn't mean you can sue them, hate to burst your bubble but that's how it works.

    I might also add that just because you're a bill pay customer for 6 years doesn't mean you'll be treated differently from the next customer. Where in your contract does it stipulate they'll fix your phone for free?

    If it turns out you have a case against them, I'll eat my hat..

    Yeah, fix for free as long as I'm in a contract with them is the deal, happened with two different phones before over the last 6 years and they fixed them, so unprofessional and counter productive to treat a long term customer like this though eh? Thanks for the advise but I'll swing for them, don't care if it leads to a bad credit record but I reckon I mightn't pay them a penny between now and April when the contract is up, I don't really accept being extorted TBH!


  • Closed Accounts Posts: 1,990 ✭✭✭JustAddWater


    GrayFox208 wrote: »
    Also it will be more expensive to take a legal case against them to get out of the contract than to just pay cancellation fees.

    €25 is not expensive! Very unlikely the claim will exceed €2k

    If you have complained to the retailer or service provider and they won’t remedy the situation, then your last course of action is the Small Claims process.

    The application fee is €25, and the service is provided in your local district court office.

    - See more at: http://www.consumerhelp.ie/small-claims#sthash.jPaVCVyW.dpuf

    GrayFox208 wrote: »
    Also they didn't make them phone so they don't actually have to repair it, that's the manufacturers duty. So, essentially you have no case, so you should probably quit while you're ahead and before spending a fortune pursuing

    Incorrect again, the contract is with three, three have to look after any after sales including repair. The OP has no dealing with the manufacturer, but CAN go direct to the manufacturer if he chooses. Not legally obliged to

    "Your contract is with the retailer or supplier who sold you the product so if there is a fault, it is up to them to fix it. You may also have extra protection if you have a guarantee or warranty from the manufacturer. It is the retailer’s responsibility to provide a remedy under the warranty, unless they have opted out of this and told you this. So you should check the terms and conditions of the warranty."

    - See more at: http://www.consumerhelp.ie/faulty-goods#sthash.gDyyA5lV.dpuf

    GrayFox208 wrote: »
    If it turns out you have a case against them, I'll eat my hat..

    Hope your hungry....


  • Registered Users, Registered Users 2 Posts: 6,108 ✭✭✭Technocentral


    €25 is not expensive! Very unlikely the claim will exceed €2k

    If you have complained to the retailer or service provider and they won’t remedy the situation, then your last course of action is the Small Claims process.

    The application fee is €25, and the service is provided in your local district court office.

    - See more at: http://www.consumerhelp.ie/small-claims#sthash.jPaVCVyW.dpuf




    Incorrect again, the contract is with three, three have to look after any after sales including repair. The OP has no dealing with the manufacturer, but CAN go direct to the manufacturer if he chooses. Not legally obliged to

    "Your contract is with the retailer or supplier who sold you the product so if there is a fault, it is up to them to fix it. You may also have extra protection if you have a guarantee or warranty from the manufacturer. It is the retailer’s responsibility to provide a remedy under the warranty, unless they have opted out of this and told you this. So you should check the terms and conditions of the warranty."

    - See more at: http://www.consumerhelp.ie/faulty-goods#sthash.gDyyA5lV.dpuf




    Hope your hungry....


    Ive easily paid them 5000 in the last 6 years, so odd that they would treat a long term customer like this, the charge port stopped working 2 weeks ago and they wont fix it without fixing a unrelated cosmetic screen crack from 6 months ago that didnt affect its performance, to me its not commercial common sense?


  • Closed Accounts Posts: 1,990 ✭✭✭JustAddWater


    Ive easily paid them 5000 in the last 6 years, so odd that they would treat a long term customer like this, the charge port stopped working 2 weeks ago and they wont fix it without fixing a unrelated cosmetic screen crack from 6 months ago that didnt affect its performance, to me its not commercial common sense?

    Is it a common problem with your model? If it is, You can use the fact it's a well known issue to help

    XBOX and red ring come to mind


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  • Registered Users, Registered Users 2 Posts: 6,108 ✭✭✭Technocentral


    Is it a common problem with your model? If it is, You can use the fact it's a well known issue to help

    XBOX and red ring come to mind

    It seems to be, but thats not really my issue, its more that they wont fix the port without me paying 160 to fix the completely unrelated cosmetic screen crack.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Best of luck with your case.


This discussion has been closed.
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