Default from Three mobile

[Superchris]

Hi guys,

I have an issue with a default from Three mobile (Hutchison 3G ltd).

Basically I am convinced the default is unlawful as I never signed up for the account in the first place...

In September 2010 I went into the 3 store to upgrade my phone (I already had 2 phone accounts with Three) and left with a new I-phone 4. However what actual happened is that instead of upgrading my existing account, I was given a completely new one without my knowledge (Why would I need 3 phone accounts?).

The problem then was I was also not given a new sim card or any paper work to show this so I didn't realise what had happened for a couple of months till I checked my bank statements and notice had 3 different direct debits from Three.

I cancelled the new direct debit at the bank and went to the store to find out what was going on and they insisted that a new account was what I agreed to and that I was outside my 14 days so nothing could be done. Also that as I had started using the handset even if they could cancel it I would be charged for the phone and the remaining 22 months line rental. (something around £1500!)

My first mistake was to believe them- I then reluctantly made another payment on the account in January 2011 after which I decided to bump the account until I could get it resolved properly as I didn't want to get ripped off.


Then later in the year (I think it was October - which Callcredit states -but Equifax and Experian say account settled in 03/06/2011?) I called back and explained the situation, the guy at customer services said that the account had been closed and there was a balance of £94 topay and that would be that - no defaults or anything on the credit file just £94 and end of story - and they didn't even want the handset back!


So to avoid any hassle I just paid it.


Unfortunately it was too good to be true as I have recently checked my credit score and there is a default against me for that account – which is having a very negative effect on my score and ability to get a mortgage.


I have called them 13 times now – most of the time I get nowhere at all (most have no idea what a credit file is and at least 3 of the customer service guys thought I wanted to add credit to my pay and go account!) the one time I got anywhere they said I did know about it as I was paying the bills for 3 months.


I have tried disputing through the credit agencies but Three keep coming back that the data is accurate and they wont change it.


What I want to do is ask them remove the default or to prove I signed up to/agreed to the account as I know I didn't sign anything and I didn't use the sim card or any other service provided under that account to they cant prove acceptance of terms that way.


I was hoping to get some advice from here- is this my best course of action?


If so can you point me to a letter template that may be suitable as I have a pretty poor grasp of legal terminology and the specific laws regarding the set up of the accounts (from what I've read, phone companies aren't covered by the Consumer Credit Act 1974?)


I know this is a bit long but thanks to anyone that can help!

[Never-In-Doubt]

Re: Default from Three mobile

Should be able to help with this for you.....

So they took out a new contract instead of upgrading; so I presume when this occurred you just cancelled the "upgraded" account; after you learned it was never upgraded thus leaving two accounts again?

if not, why not?

[Never-In-Doubt]

Re: Default from Three mobile

What date did you pay the debt off and what date is showing as default on your credit file? Not Noddle cos that's not accurate. Ideally Experian or Equifax.

cheers.

[Superchris]

Re: Default from Three mobile

No I wanted to keep my same number and mobile companies don't allow you to transfer your number between 2 contracts on the same network.

When I was in they shop the took my existing sim card and put it in the new phone. If I had cancelled my existing account then I would have had to have changed to the phone number on the new account.

My friend who used to work in a phone shop (not Three) said this was actually quite common practice in retail stores as they get paid a higher commission for new connections than upgrades. So they convince you to take a new connection on the same network by telling you you will get a better deal (the networks call it 'churning')- only problem is they didn't even try to convince me the just went ahead and did it!

[Superchris]

Re: Default from Three mobile

What date did you pay the debt off and what date is showing as default on your credit file? Not Noddle cos that's not accurate. Ideally Experian or Equifax.

cheers.

Ok so I've double checked the dates on experian and they have:

Account start date: 26/08/2010
Default date: 03/06/2011
Satisfaction date: 22/09/2011

Equifax shows:

Account start date 26/08/2010
Default date: 03/06/2011
Satisfaction date: 03/06/2011 (?)

My memory isnt great coz it was a few years ago but I'd say Experian is correct

[Superchris]

Re: Default from Three mobile

Ok, so i was going to send a SAR to Three specifically requesting a copy of the original signed agreement. As surely if they cant prove I signed up and I never used the services (the SIM card) then they would have to retract the default?

But when I checked their website for the address I found SAR form (http://www.three.co.uk/inforequest) which has the following paragraph in the important information bit:

"Copies of contracts.
We can’t supply you with a signed copy of your contract. You can find details of your contact’s terms
through the Terms & Conditions link on www.three.co.uk . If you want details of the package you’re on or
your contract start and end dates, please contact Customer Services on 333 (free) from any Three phone
or 0843 373 3333 (charged at 5p/minute from a BT landline, other network may vary). "

Can they really just decline to provide evidence of me signing up to a contract?

If so I think that was my only defence!

[TibetanMonk]

Re: Default from Three mobile

Heya,

Normally with upgrades or additional lines, which in this case it'd be an additional line, you don't need to sign a new agreement, because they just add it to your current contract. So there probably wouldn't be any paperwork to show you, apart from paperwork Three use internally to set-up new numbers etc.

I don't think using the 'I've never used this sim card' would work, as to them, they dont care if you do or dont. Many people get a new contract/additional line when already in a contract. I mean blimey, 70% of my custom came from those sorts of customers.

Unfortunately this sort of thing happens a lot in their eyes. They believe you've agreed to take the contract, you've used the phone and for some reason you want to go back on your agreement with them. There's not much I can suggest personally about getting the contract removed. As much as I'm on your side, I'm just giving you their perspective. They'll probably now say well if you didn't want it, why did you pay some of the bills.

I hope you get this sorted mate.

[Superchris]

Re: Default from Three mobile

Well after a lot of phone calls and a bit of a dead end with my original contract loophole I was pretty desperate so I wrote a very nice email to David Dyson the CEO of Three explaining the situation and that I had been a customer for almost 10 years etc etc and... Success!!

I got a phone call from someone in the 'executive office' at three who had a look into the account and they have removed the default! I have checked this morning with Experian and Callcredit and its already gone. My credit score is now perfect!

I cant begin to describe what a weight has been lifted off my shoulders as I'm now at the end of my debt battle!

In the last 2 months I have removed:

1 Default from 1st credit for £3545
1 Status 6 account with British gas for £63.01
1 Default from T-mobile £87
1 Default from 3 mobile £94
1 Status 2 Account from O2 for £441 (as I'm writing this I realise I just don't have much luck with phone companies!!)

The thing is ALL of these black marks were not my doing and were on my credit file due to errors with the companies themselves but I just buried my head in the sand! Don't get me wrong I DID have some defaults from a very long time ago -which is the reason I just ignored my credit issues in the first place- but they have long since expired.

I just want to let anyone in a similar situation know that it can be done and that if you know your in the right then you should NEVER just give up and accept your sentence.

If I can offer any one thing I have learned from all of this its to always be as nice as possible to the people on the other end of the phone, I don't think anyone in a call centre has ever helped someone who is shouting and swearing at them! If you still aren't getting anywhere call back at another time to get someone else- remember that some people are just dicks... but eventually (I must have made 30+ calls to BG and 3 alone) you will find someone who will be willing to listen, understand and hopefully help.

And when that all fails write to the CEO!!

I also want to say thanks to the guys that run this site, it has been a fantastic and invaluable resource to me and I'm sure other people as well.

Best of luck to everyone!

[TibetanMonk]

Re: Default from Three mobile

Well after a lot of phone calls and a bit of a dead end with my original contract loophole I was pretty desperate so I wrote a very nice email to David Dyson the CEO of Three explaining the situation and that I had been a customer for almost 10 years etc etc and... Success!!

I got a phone call from someone in the 'executive office' at three who had a look into the account and they have removed the default! I have checked this morning with Experian and Callcredit and its already gone. My credit score is now perfect!

I cant begin to describe what a weight has been lifted off my shoulders as I'm now at the end of my debt battle!

In the last 2 months I have removed:

1 Default from 1st credit for £3545
1 Status 6 account with British gas for £63.01
1 Default from T-mobile £87
1 Default from 3 mobile £94
1 Status 2 Account from O2 for £441 (as I'm writing this I realise I just don't have much luck with phone companies!!)

The thing is ALL of these black marks were not my doing and were on my credit file due to errors with the companies themselves but I just buried my head in the sand! Don't get me wrong I DID have some defaults from a very long time ago -which is the reason I just ignored my credit issues in the first place- but they have long since expired.

I just want to let anyone in a similar situation know that it can be done and that if you know your in the right then you should NEVER just give up and accept your sentence.

If I can offer any one thing I have learned from all of this its to always be as nice as possible to the people on the other end of the phone, I don't think anyone in a call centre has ever helped someone who is shouting and swearing at them! If you still aren't getting anywhere call back at another time to get someone else- remember that some people are just dicks... but eventually (I must have made 30+ calls to BG and 3 alone) you will find someone who will be willing to listen, understand and hopefully help.

And when that all fails write to the CEO!!

I also want to say thanks to the guys that run this site, it has been a fantastic and invaluable resource to me and I'm sure other people as well.

Best of luck to everyone!

Brilliant news, glad you got it sorted.

[IF]

Re: Default from Three mobile

Well done from me too Superchris