Help with 3 contract

[pwordsworth]

My partner and I took out a contract each with 3 in March of this year. Before we took out the contract we checked out the strength of the mobile phone signal in the area in which we live on the 3 website. The information stated that the signal was good. when we got the phones it transpired that the signal was not good it was very poor and we could not make mobile phonecalls from home and people could not make contact with us at home either and text messages were delayed. My partner and contacted 3 about this situation and they said that there were plans to improve the signal in our area, but this as never happened.
We have put up with this situation until recently as our personal circumstances have now changed, ie my young daughter has come to live with me and it is now very important that she is able to contact me whenever she needs to.
I have contacted Three regarding this issue and they have given me a number of options which I am not happy with, the options are as follows:
A £5 rebate off my bill, which is pointless
Return of handsets + £252.65 to end the contract.
The main issue is that in my opinion this is a breach of contract by three from the outset because the service is not fit for purpose.
I would value a legal opinion on this matter

[teaboy2]

Re: Help with 3 contract

As for returning the handset and paying termination fees, i would point 3 in the direction of OFT v Ashbournce case where it is clear such fees on contracts longer than 12 months are unfair and therefore unlawful.

I would then also include a letter before action informing them you intend to take legal action on grounds of misrepresetation of goods and services prior to accpetance of the contract based on their false claims of the signal strengh and their lack of willingness to do something about it. Also state that you which to resolve the issue amicably but feel that the only way this can be achieved is by returning the handset with £0 termination fees and a refund for the fees you have paid only as a result of the misrepresentation and claims they will rectify the problem, where such claims to recitfy were never enacted upon by them and no effort has been taken to imporve the signal strengh.


Also check the website for signal strengh again and print out the webpage, by click file tab in the webbrowser and then print. That way it will print with a time and date stamp on the top or bottom of the print out, proving your claim they had misrepresented their claims on signal strengh. Also take a phone of the phone showing the signal strengh bar whilst at home in front of a witness and get the witness to sign an affidavit stating that they witness the photo being taken at your home and the signal being weak, to non existant on (Date) and signed as statement of truth. or better still get a solicitor to witness it and sign an affidavit.

Chances are the letter before action will be enough, but its best to be prepared.

[labman]

Re: Help with 3 contract

I think there are only two people in 3 who are capable of resolving problems. One is a man by the wonderful name of Clint Lobo who works in one of their foreign call centres. The other, and the route you should take, is the CEO:

david.dyson@three.co.uk



I have seven contracts with 3 mobile and have threatened to cancel them endless times, refusing to pay the cancellation charge and saying I'd see them in court.

The Executive Office are good. If you get no joy, pm me and I'll give you the personal phone number of someone VERY high up in the company.

[SpringerSpaniel]

Re: Help with 3 contract

You could quote the Sale of Goods and Services Act, as the service has not been provided as described; and you could plead that the information on the website as to signal strength in your area amounted to a negligent misrepresentation contrary to the Misrepresentation Act 1967 - which reverses the usual burden of proof.