Final bill from 3 after switching to smarty

[Xyrox]

Hi everyone

I signed a new contract with 3 mid March but wasn't impressed with it. After 4 days I found smarty, got my pac code to move but also got an auto sms from 3 saying my final bill would be almost £600 for leaving (remaining 24 months contract). 

When I signed to smarty, I ported my number and smarty cancelled the contract with 3 on my behalf. I called 3 to make sure I was in the cooling off period and shouldn't have to pay for 24 months. 

They were very vague and said I'd get a final bill in 30 days, that'll probably be mid to late April. 

I can't see that I've done anything wrong. I'm just terrified of getting a bill for £600. Any suggestions or experience with this?

I always thought leaving in the cooling off period was fine, you only pay for what you used (in my case about 4 days of tariff). 

Thanks in advance. 

[MSF]

If you did actually agree to the new contract with 3, then you need to carefully check the T&C's as you may indeed be liable for the remaining costs of that 24 month contract.

I'm not sure the there is a cooling off period where you renew what is substantially the same contract - unless there has been a significant change in the T&C's of that contract.

On the other hand, if your telephone call was recorded and you specifically asked if you were in any calling off period and could therefore leave without cost, you can ask for a copy of the audio if it all gets nasty and the company should honour what their employee told you.

If you need further help, always contact Citizens Advice - they have a specific consumer helpline - www.citizensadvice.org.uk 

[WelshPaul]

I suggest you read the following PDF @Xyrox 

https://www.three.co.uk/termspdf/14437_Pay_Montly_TCs_Update_v11_11311.pdf

You're post is rather vague when it comes to your Three pay monthly agreement...

• Was it a new SIM only plan or an upgrade?
• What date did the agreement start?
• Did you port a number in?
• What date did you port out?

[Xyrox]

Sorry, I forgot some essentials. I've been on a sim only for years and was out of contract. They offered a new sim only but it wasn't a great deal when I looked into it. Decided to leave within the cooling off period. 

I've had the same number for years and wanted to bring it to smarty. 

Date was around 11th march from memory.

I own my handset. 

I'll check the post, thanks for the quick reply! 

[MSF]

As I see it, you have a 14 day cooling off period if it was considered a new contract (due to being online sale rather than inshore).

As @Chalkychap  says, it does appear that, rather than exiting the contract during cooling off period, you cancelled it and that could be treated differently.

[Xyrox]

Also, everything was done via phone and email, not in store.

I didn't expect smarty to cancel my tariff so when I called 3 I insisted it was my cooling off period.

If I get a bill, it'll be cab and possibly ofcom. Thanks for your help 🙏

[Chalkychap]

Your problem is that you used a PAC before cancelling your new contract in its cooling off period.

Using a PAC during the minimum term of a contract terminates the contract with immediate effect, meaning you are liable for the early termination fee.

As Three seemed to advise otherwise, you might be able to argue your case with Three.

Good luck @Xyrox.

[WelshPaul]

As above, you should have contacted Three and informed them you wish to cancel under said cooling off period. Your account would have reverted back to whatever state it was in prior to the upgrade and then you could safely PAC out.

[Xyrox]

It's very worrying. I thought cancelling before the pac would have meant losing my number. 

This is why I contacted 3 but ended up being put through to a non UK call centre who didn't really want to help and insisted I waited for the final bill in 30 days.

I'm no expert in this field, I just know that moving networks has been made easier with the instant pac via sms system. We'll see what happens but I can't see 3 not wanting their pound of flesh. 

[PeterSm_1580201]

A few people mention the 3 contract but that can't override UK law about remote purchases. I guess you must know about that as you mention the cooling off period. Just making sure you realise it's a law rather than some company policy.

https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youv...

"You automatically get a 14-day ‘cooling-off period’ when you buy something you haven’t seen in person - unless it’s bespoke or made to measure."

Good luck.

Peter

[Xyrox]

Thank you everyone for your comments. 

I've been with 3 for around 8 years and had great service with them. Instant pac codes and cooling off periods are new to me.

I have sense read that I should have left the contract then obtained the pac. I wasn't too know this. My fate is with mobile law, UK law and ofcom. I'll let you know how it goes.

I'm not trying to rip anyone off, just trying to get the best deal. As a consumer and someone who doesn't know how to play the game, it seems I've inadvertently done things in the wrong order. 

If a 2 minute mistake costs £600 then it's no surprise our economy is broken.

See you at the food banks! 

[Chalkychap]

Technically, you may have done things in the wrong order @Xyrox, but you took the trouble of seeking advice from Three, and it's not your fault if their staff poorly trained and didn't advise you correctly.

The £600 early termination fee suggests you got a new handset, which would normally be returned when cancelling in the cooling off period (to avoid any fees). You may have to make a complaint against Three to get things sorted out.

Although OFCOM tighted-up rules for switching service provider, using a PAC or STAC, seems there are still a few loopholes.

[WelshPaul]

My previous post was just to highlight the process required to save one's sanity from the position you find yourself in. You shouldn't have to pay a early termination fee if you terminated your agreement during any 14 day cooling off period. Three are at fault here, they could easily implement a system wide change where early termination fee's are not automatically applied when the agreement ends during the first 14 days of any change to any existing agreement. Have you called Three and explained the situation to them?

[Xyrox]

Haha I understand. My sanity is very much under question here. 

Yeah I called 3 after I realised my contract had been terminated on my behalf and explained the situation. I was put on hold twice during a fairly lengthy call while the agent spoke to his supervisor. I got no answers at all.

I was asking my final bill. He told me to wait 30 days. He also asked me to return the handset which I own. It was a simple sim only £16pm contract.

I even asked for my number to be ported back to 3 because I was so scared of this ludicrous bill which I simply can't afford. 

I've had my number for over 20 years, since the 0870 days, and ported it around many times (including out and back into 3). I've never experienced anything like this.

My last 3 contract, I bought a new sim and ported my number in from Vodafone (trying to save money during covid lockdown 1). Even though I successfully managed this, the sim always had the original number when I looked at the sim settings. Even on auto fill sites, it would regularly fill out this original number. I assumed that when I got the pac code, the contract would remain but revert to the original sim number, instead of the whole thing being cancelled.

It's all very messy and hard to put into one message. I think I have 2 weeks now before the final bill. Biting my nails. I really don't want to be chased for £600 or start making complaints about 3. It's stress I don't need. I guess we'll see... 

[Chalkychap]

Okay @Xyrox, was your £16/month SIM only contract beyond its minimum term?

If yes, then there wouldn't be an early termination fee.
Having asked for your final bill, I guess the Three agent assumed you want to cancel, which requires 30-days notice.

If the number you transferred was for your Three £16/month SIM only plan, and has been switched to SMARTY successfully, the £600 shouldn't materialise.

[Xyrox]

I was out of contract for over over a year and was only 4 days into a new tariff. I was still in the cooling off period so didn't worry too much about the pac transfer at first until the vague phone call to 3. Tbh the agent was terrible and didn't put my mind at ease at all. 

Like you said, it might not materialise. I raised the subject in case anyone had the same experience. I've read some similar situations with other networks.

Fingers crossed! 

[Chalkychap]

Your original post mentioned being 4-days into a 24-month minimum term contract with Three.
I assume this was the £16/month SIM only plan, mentioned in later posts.

In this case the early termination fee would be a bit less than £192.

I suspect you'll need to argue your case with Three, because returning in the cooling-off period, and cancelling the contract early are different processes.
🍀

[Xyrox]

It's just a shame we're not all experts with mobile phone contracts and the intricate details which could make the difference between a zero bill or something more substantial. 

You're right about the £16pm sim only. I genuinely thought I was in the cooling down period and the contract could be ended in the way it was without any final bill..

The cancelling contact processes are almost identical but in a different order and this is where I've been caught out. 

I did try to renege on the smarty deal and come back to 3 but the agent on the phone wasn't interested.

I'll keep you posted. Nothing much else will happen for another 2-3 weeks then we'll see how it goes. 

Thanks to everyone for your advice. 

[Xyrox]

For those who have helped with this subject and helped me get some peaceful sleeps, I thought I'd let you know my final bill has arrived.

Turns out 3 owe me £8.69 as I was in credit! Account has been closed since mid March. Great result!

Thanks to everyone who helped with this discussion.