3 mobile phone

[chris.g]

Thanks but it's this bit what is worrying,

Pay Monthly Customers
11.1 If this agreement ends, we will close your
account and Disconnect you and you will not be
able to use 3 Services or make emergency calls.
11.2 You must immediately pay all Charges you owe
up to the date the agreement ends. If we end
the agreement due to your conduct or if you end
your agreement within the Minimum Term, the
Charges will include a Cancellation Fee.

Is an upgrade classed as an extension to an original contract or a completely new contract?
If it's an extension I'm assuming that any debt will be absorbed, if it's a new one I'm scr*wed! [:(]

[sjbyron]

Hi Chris

I would ask them to go Pay as you go with a review in 6 months to go back to pay monthly contracts, that way their still keeping a customer and your keeping your number, and it will help rebuild a rapport with them.

[TheMatrix]

Thanks but it's this bit what is worrying,

Pay Monthly Customers
11.1 If this agreement ends, we will close your
account and Disconnect you and you will not be
able to use 3 Services or make emergency calls.
11.2 You must immediately pay all Charges you owe
up to the date the agreement ends. If we end
the agreement due to your conduct or if you end
your agreement within the Minimum Term, the
Charges will include a Cancellation Fee.

Is an upgrade classed as an extension to an original contract or a completely new contract?
If it's an extension I'm assuming that any debt will be absorbed, if it's a new one I'm scr*wed! [:(]

I believe it is classed as an extension, as I don't sign a new contract. They just read out a standard script on the phone and you verbally agree to it. (This is just as binding in law as a signed contract however) and usually the terms include paying x per month for the next 18 months.

I'd want to know what that cancellation fee is, but it would seem unfair if they are going to charge you the full 18 months if you've not even used the service and they are terminating the contract under the conduct clause.

[TheMatrix]

You could also argue that the date the agreement ends is the date they terminated the contract

[chris.g]

I've contacted Otelo to get their advice. I feel sick at the thought of being tied into a contract I can't use!
They shouldn't have let me upgrade if I'm not entitled to have an account due to my br....

[TheMatrix]

I agree but surely they should also look at your past payment record and not judge everyone in BR or IVA the same.

[chris.g]

Definately, they gave me the upgrade after br so they should honour it......bl**dy last thing I need this......[:(][|)]

[cat 1]

Chris your post is very anxiety provoking.I have contacts with 3 and orange and an IVA.Orange contact just up so they rang me and I've upgraded phone but they suggested I downgrade amount as I wasn't using it.I'm concerned I've done something wrong now!!

[chris.g]

I feel like a fly in a spiders web!!! As I say, I will take the stand that nothing has changed since I was allowed to upgrade so they should not have allowed me to upgrade and take on another contract.....

[plasticdaft]

Who is responsible for letting these people know about BR or insolvency?? I suggest its probably the person who has signed the contract. I am in the same boat and have no idea where my phone contract is in the house. Wont panic about it now but am watching for the outcome of this. Good luck Chris.

[kallis3]

I'm with O2, and have been for a number of years. I upgraded in February this year to a new 18month contract. Did it over the phone and it was agreed immediately. I think they just looked at my account and saw that I was paying on time and didn't check anything else.

OK, I wasn't in my IVA at the time, but I did have defaults all over the place, so I would have thought that would have started the alarm bells ringing if they had credit checked.

Chris, I think it's disgusting the way you have been treated. You stick to your guns and don't let them get away with it.

[chris.g]

Well I've just got off the phone to 3. They said that they would send the account to another department to get it re-activated. I pointed out that I would be still br so if I couldn't have the account when it was cancelled what has change for them to re-activate? After she went to check, again, I was told I was right-I couldn't have an account with them! They were supposedly notified by the Insolvency Service on Aug 3rd about my br and cancellation was a direct result of that. Funny thing is though is that hubby's phone is still connected and he went br on the same day and time as me!! I reckon they've carried out a credit search for the upgrade, even though I specifically asked in the shop before I phoned them for the upgrade and was told they didn't. Hubby hasn't upgraded yet as he didn't like any of the phones so seems coincidental that he's still connected.....
I asked if I would be liable for the upgrade contract which is due to start in November and the advisor told me I wouldn't because the contract was cancelled. She is due to ring me back regarding sending the new phone back with in 7 days.
I still feel uneasy about all this and don't think I'm out of the woods yet regarding contractual liability but will keep everyone updated when there are any developments....

[kallis3]

Well I think it's a total disgrace Chris! I really do not see why you can't have a contract, especially as you have been paying your other one. That's what they should be looking at.

In this day and age there should not be a stigma about debt. BT don't cut you off, your utilities don't cut you off, just because you are BR, so why should your mobile phone company?

I'd better shut up now because I am getting madder by the second typing this![:(!]

[Skippy]

How did the Insolvency Service know about your 3 contract Chris? Did you declare it on your BR forms? I didn't declare my Vodafone contract as I didn't owe them anything so as far as I was concerned they weren't one of my creditors. I told the OR, and they didn't ask me for any details of the contract and said they had no problem with it.

Good luck with getting this sorted out x

[kallis3]

I have just checked the O2 terms and conditions, and they state that they may end the agreement if you are bankrupt, go insolvent, or enter into any arrangements in favour of your creditors! They've got it covered all ways!

I was DMP when I redid mine, so I am hoping that they won't spot my IVA! I've got another 12months to go on my contract. Whether I will try to renew at the end of that is another matter!