Why have you not acknowledged my emails??

Chicken lady

New Member
Jun 12, 2012
1
0
0
Hi, i am new here so be kind, lol.

The Three network sent me an email saying they were going to increase my monthly contract payments (which i did not know they could do until reading All there terms and conditions!), i have been a customer of 3 for the last 9 years and in all that time did not know that the contracts were not fixed rate! anyway, me and my husband are responsible for 10 contracts with 3, and all of them have been increased by 3.6% from 16th July 2012, over 10 contracts this is a significant increase in monthly payments, I phoned 3 to question this and this is when the terms and conditions were pointed out to me (not a fixed price contract!!) the lady on the phone dismissed me and told me to ready the terms and conditions of the contracts....so i did.. and found a way out of my contracts, but now 3 are ignoring me and my emails, i now paste a copy of the email i sent to 3, please tell me if i am in the right and could i just stop the direct debits at the end of the 30 days seing as i have given notice.


I have forward this on to this email address as i have not got a response from my email sent 30th May

Subject: Cancellation of contracts
Date: Wed, 30 May 2012 15:39:25 +0000

Mr xxPoole & Mrs xx Poole
xxxxxx Church Road
Wakefield
WFxxxxxx
Dear sir/ Madam,

Due to the recent emails i have recieved regarding the upcoming price increase 16th July 2012,

I wish to cancel the following contracts under clause 4.1(ii)/section 10d of your terms and conditions.
07403xxxxxx
07412xxxxxx
07411xxxxxx
07412xxxxxx
plus the one plan ( mr poole's unable to obtain number at present)

The word detriment in the English dictionary means det·ri·ment 
1.
loss, damage, disadvantage, or injury.
2.
a cause of loss or damage.

I feel that the increase will cause me to be at a disadvantage as we do not work due to sickness and have to budget our money accordingly and having 10 contracts with yourself currently the increase would put us at a significant loss in income. I here by give you one moths notice in writing for cancellation of service for the above numbers. Please see below sections of your terms and conditions and the highlighted blue sections on which i require to cancel. Please confirm this email and acceptance of cancellation at your earliest convenience .

Regards
Mrs Poole
Mr Poole


. Variations to your agreement or prices
4.1 We may vary any of the terms of your agreement,
including our Packages, on the following basis:
(a) any updated Packages and new terms will be
available on our website and on request to Three
Customer Services;
(b) we will let you know at least one month in advance
if we decide to:
(i) discontinue your Package; or
(ii) make any variations to your agreement which
are likely to be of material detriment to you; or
(iii) increase the fixed periodic charges for your
Package (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; and
(c) if you carry on using Three Services after the
variation commences, you will be deemed to have
accepted the variation.
4.2 If we offer a range of Packages, you may change from
your Package to one of a selected range of other
Packages on such terms as agreed with us.



section 10
10. Ending this agreement and
Disconnection of Three Services
10.1 You may end this agreement in the following ways:
(a) In certain circumstances under our Returns Policy.
You may need to get in touch with Three Customer
Services to arrange Disconnection.
(b) You can end the agreement during your Minimum
Term (if you have one – this will be stated in your
Package) by giving notice to Three Customer
Services 30 days before the date you want to end the
agreement. However, you must pay us all the Charges
you owe, plus any Cancellation Fee for your Package
(as set out in the Price Guide).
(c) On 30 days’ notice, outside the Minimum Term.
You can end the agreement if your Package does
not contain a Minimum Term, or if you want to end
the agreement at the end of your Minimum Term
or any time after your Minimum Term has expired,
provided you give notice to Three Customer Services
at least 30 days before the date you want to end the
agreement. (A Cancellation Fee will not be charged.)
(d) Within one month of a materially detrimental
variation to your agreement. You can end the
agreement within one month of us telling you about
a variation to your agreement (which includes your
Package) which is likely to be of material detriment to
you. You must give notice to Three Customer Services
within that month and your agreement will finish at
the end of that month once we receive your notice. (A
Cancellation Fee will not be charged.)
10.2 We may end this agreement in the following ways:
(a) On 30 days’ notice, outside the Minimum Term.
If your Package does not have a Minimum Term,
or the Minimum Term has expired, we can end this
agreement by giving at least 30 days’ notice of ending
the agreement.
(b) Because of your conduct.
In the following cases, we may end your agreement
immediately and you have to pay all the Charges you
owe up until we Disconnect you:
(i) if we have the right to Suspend your Three
Services on any of the grounds in Section 9 and
we believe that the grounds are serious and have
not been, or are unlikely to be, rectified;
(ii) if we believe that your communications with
Three Customer Services or any of our retailers
or agents, or your use of our Three Services, are
jeopardising the operation of the network, or are of
an unacceptable nature;
(iii) if we reasonably believe you will not be able
to pay your bill. This could result from a failure to
pass one of our credit assessments; or
(iv) in the event of your bankruptcy, insolvency
or death.
(c) No network access or Three Services. We may
end your agreement if we no longer have access to
other operators’ networks which we need to provide
Three Services, or if we are no longer able to provide
Three Services due to factors beyond our control or
because we cease business.
10.3 Once you are Connected to Three, you can only end
this agreement in the ways set out in this Section 10.
However, if you are a consumer, any statutory rights
which you may have, which cannot be excluded or
limited, will not be affected by this section.
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
They are within their rights to do this, there is a previous discussion thread regarding similar action by orange here:

http://whatconsumer.co.uk/forum/mobile-phones/17327-orange-4-34-price-rise.html

They get out of it by arguing that the small amount of the increase could not possibly impact on you (although with 10 contracts I feel you could argue that one legitimately) but by ignoring your emails they are infact breaching the code of conduct they subscribe to.

If you don't have a reply in 8 weeks you can submit a formal complaint to:

Ombudsman Services: Communications contact details:
Ombudsman Services: Communications
PO Box 730
Warrington
WA4 6WU

You should first try going through 3's complaints procedure, there's an online form on their website:

Complaints code - Contact us - Support - Three