Cancelling a 3 Mobile Broadband contract - urgent advice wanted

[steve999]

Hi, I took out a 2 year contract with 3 (Jan 2008) after checking that my postcode was in one of its 'turbo' areas. Despite a strong signal both the upload and download speeds were nothing like their advertised 'speeds up to 3.2mbps' (more like 750 kbps d/l and 50 kbps u/l), but the service was consistent and usable. However, over time the speeds got even lower and I kept getting time-outs and disconnects. Even during the day getting web pages downloaded was like watching paint dry. In November I started complaining to 3. I sent letters, Emails and (at geat cost!) contacted their 'technical support'. Nothing I tried improved matters, so I eventually told 3 in March that under the Sale of Goods and Supply of Services Act that I was cancelling my contract as they had failed to supply an adquate service for a period of over 4 months. This provoked lengthy calls from 3, plus bills for a service I wasn't using, plus demands for payment from a debt colloection company: Credit Solutions. I now have a letter from Power2Contact threatening restraint of goods! I have replied to all communications that I have received from whomever, and OTHELO is now involved, but I just feel that I am on a conveyor belt heading for destruction. Did I really sign all my rights away when I signed 3's contract? How can I stop the harrassment from these debt collectors? Can 3 really get away with publishing hyped up speeds in their advertising, yet feel that 200 kbps is all they guarantee? Just what are my legal rights? I am getting more and more stressed-out with the situation, so any 'solid' advice will be very welcome indeed! Many thanks (As a footnote, I now use Mobile Broadband via Vodafone. Despite a poor signal I regularly get d/l speeds of around 2mbps and u/l speeds of approx 350 kbps)

[Lexi184]

hi im in the same boat as yourself im was with 3 internet and i've not used it since i got it as it doesnt wrk on my pc yet still they demand money of me and sending letters of treats of court any advice?

[steve999]

Hi Lexi184,
I sent my story to [email protected] a couple of weeks ago and they said that their lawyer reckoned that I had good cases on both the 'not fit for purpose' issue and their sharp practise in selling on the alleged debt to the debt collection agency so quickly. They said that they would contact both 3 and the agency. I haven't had any further letters, nor any contact from anyone else as yet, so i'm still in the dark.
OTELO say that it could be 6 to 8 weeks before they can investigate. I have even complained about 3's advertising claims (turbo speeds up to 3.6 mbps), but they say they are unable to regulate web sites!!
There looks like a lot of people are caught up in similar situations as we are - have a look at http://www.bbc.co.uk/blogs/watchdog/2009/03/mo bile_charges_but_no_signal.html
Will keep everyone posted............

[steve999]

Hi, Somehow the 'Advertising Standards Authority' got chopped from my statement about 3's advertising claims.

[steve999]

I received an Email from OTELO yesterday saying that 3 wished to resolve the situation quickly and offered to terminate my account without penalty, provided that I paid them �37.20 'outstanding usage charges'.
I have replied back stating that, as far as I was aware, I had paid 3 up until the end of March and had not used their 'service' since then I did not owe 3 anything. But, if 3 can prove to me that the charge is legitimate, then I will gladly pay up just to get shot of these shysters for good.

God only knows what is happening at crusader@express - I have sent several EMails to them without getting any acknowledgements/responses.

P.S One of the things I did, but forgot to mention earlier, was that I conducted speed checks every hour or so for the whole of February using 3's nonimated speed checker. The results fluctuated wildly, but were consistently & pathetically poor - download speeds sometimes dipping far below 200kbps. (Upload speeds were abysmally low at ~ 45 kbps!) Copies of the spreadsheet that I compiled were sent to both 3 and OTELO.

[steve999]

I have now received a final decision from OTELO. Within the next 28 days 3 must:
· apologise in writing to me for the shortfall in customer service that I have
experienced;
· maintain its offer to allow me to cancel my contract without penalty;
· ensure and confirm in writing that the outstanding balance of £37.20 has been removed
from my account; (Line rental charges for May & June. I stopped using their 'service' in April.)
· ensure and then confirm in writing to me that any information placed on my credit file
in relation to this matter only is updated. (Presumably obliterated.)
The moral of the story is not to let these B******* grind you down. However, always ensure that you can substantiate your claims, and be prepared to fight long and hard for your legal and legitimate rights!