Three UK

[sam]

First of all I don't know if this is in the righrt section of the forum so if not could a mod please move it?

I had a contract phone with Three some time ago and the contract was up in December 2006. I was moving to Spain Jan 07 so had no need for the contract phone so ended the agreement with them.
Then they phoned up asking me to take this pay as you go package that I wouldn't be tied into, so I thought ok it keeps my number and I need my UK phone until I move to Spain so agreed to take the pay as you go.
Then when I was in Spain they kept phoning me for my monthly bill!!!
I told them I was on pay as you go yet they wouldn't have it.

Since I came back to the UK and checked my credit record they have put a default on my account for 96 pound! I never had any notification of this!!

So this morning I had the letter below.
Now maybe I do owe the 96.00 but I didn't sign nor agree to a contract extention!

Any offers what to do? Is there a CCA SAR thing I can do to see what is what?
Or do I tell them I will pay the 96.00 as long as the default is removed as I wasn't notified of it being placed but I wont be paying the "early termination fee"

[Pixie]

Re: Three UK

I'm sorry but I don't know much about mobile contracts but I do know of a few people who have entered into a new contract with 3 without being aware of it. It only seems to be 3 that it happens with not any of the other operators.

[Never-In-Doubt]

Re: Three UK

Mobile contracts are cca exempt however a SAR is data subject info so applies due it being DPA.

Send an advanced SAR from the UE templates and see what they send you. Do not pay anything just yet. You'll need to remove anything that mentions acts of cca1874 as it doesn't apply!

[sam]

Re: Three UK

Thanks Pixie and Niddy.
This the one below?

Dear Sirs,

Account No: XXXXXXXX


Subject Access Request - S.7 Data Protection Act 1998

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours faithfully


Sign digitally

[Never-In-Doubt]

Re: Three UK

Perfect. Send recorded delivery with £10 cheque/PO.

[kilasuit]

Re: Three UK

Lowells Ha what a joke

[sam]

Re: Three UK

Just a quick one...
I was creating a new folder to deal with this, so as I got all my old debt collection letters together and found the letter below!
Now I would be happy to pay that and have it settled but note the 348.85 is not mentioned nor is it mentioned in any previous money requests/threats!!

Now I'm about to send the SAR tomorrow, should I try and get that offer back on the table before hand? If so is there a letter template at all?

[Never-In-Doubt]

Re: Three UK

Nope just get a SAR.... You've done nothing wrong, they won't accept that deal anyway. It's expired.

[caspar]

Re: Three UK

Hi,

I've got 7 contracts with 3 as they happen to be the best network where we live. However, there have been a lot of problems, and after the first couple I'd had enough and went straight to the CEO via e-mail:
kevin.russell@three.co.uk

Once with him it was allocated to a real person with a real phone number in the UK who you could phone any time and speak to. With one exception when Mr Russell himself phoned me twice as I made such a fuss, they were brilliant. They didn't stop the mistakes, but when I phoned to complain they immediately gave me all 7 contracts free for that month, no fussing about! This happened for six months running and I used to look forward to the bills coming through so I could find the mistake and keep getting it free. Sadly last month everything was right and I had to pay - ouch! Seriously though, the Directorate's Office can be a very good way forward with Three as their Customer Services are based in Bombay and are crap! If you HAVE to speak to them, don't deal with the underlings, ask for a Customer Services Manager with the wonderful name of Clint Lobo. As far as I can tell he is the only employee of 3 outside the Directorate's office who has any idea what he's doing. He is VERY good at what he does.

[sam]

Re: Three UK

Thanks casper, I'll see what goes on now with my SAR as it looks like they have got into bed with Lowells allready!

[sam]

Re: Three UK

Hi Niddy,
Got a reply from Three from my SAR!!!
How can they pass the debt on saying I missed last few payments when I had not agreed to a new contract and sent an SAR?
Should they not supply me with my SAR request? And what about my tenner lol..
Last paid these muppets Jan 07..

[Never-In-Doubt]

Re: Three UK

The letters may have crossed in the post!!

Did you SAR the dca or three? I forget

[caspar]

Re: Three UK

As said, letters may have crossed in the post. If you've sent an SAR then they have a legal obligation under the Data Protection Act to respond to it. If they don't put in a formal complaint to both them and the ICO.

[sam]

Re: Three UK

The letters may have crossed in the post!!

Did you SAR the dca or three? I forget

Three said that if I didn't send the balance within 20 days of their letter (19/5/11) then their debt purchasing partner Lowells will contact me to arrange payment directly to them!
I sent the SAR 25/5/11
So well in the 20 days yet they have just dismissed my SAR and passed the debt on!

Letters can't of crossed in post as they state" Thanks for contacting us asking us about the subject access request"

[Never-In-Doubt]

Re: Three UK

Three said that if I didn't send the balance within 20 days of their letter (19/5/11) then their debt purchasing partner Lowells will contact me to arrange payment directly to them!
I sent the SAR 25/5/11
So well in the 20 days yet they have just dismissed my SAR and passed the debt on!

Letters can't of crossed in post as they state" Thanks for contacting us asking us about the subject access request"

They can still sell a debt, just cos you SAR'd them - forget that, for the moment you need to wait for the SAR - they have 40 days to respond.

As for the new DCA that is involved, ignore them for now, if they write back i'll sort you a response to send off ok? In the meantime just keep an eye on the dates as after 40 days you need to report them to the ICO.

Please clarify who you sent the SAR to?