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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I sent a phone back to three that I did not want or used! I

Resolved Question:

I sent a phone back to three that I did not want or used! I did this via the post office, got a receipt as proof, the phone never arrived back to three! Three are now making me liable for the phone even though I have produced the proof of postage.
Three have asked me to claim for the phone as compensation, which I did now royal mail are saying due to me not making a claim within 90 days, I cannot be compensated and therefore now responsible for the cost of the lost mobile phone! A claim was not made within that 90 day period because we were busy trying to locate/trace the missing mobile phone. What are my rights on this as I did everything correctly and by the book, and cannot pay for a phone which I did not use or have?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with it.
Alex Watts : When you say you had a phone which you did not want, did you order it?
Customer:

Three called me up and offered me a brand new phone! What they didnt say was that it was going to be a completely different contract to what I already have with them! They lead me to believe I was replacing my old phone and continuing with my old contract, when I received the phone and found out it was a brand new contract for another 24 months I cancelled the contract and sent the phone back in their pouch/envelope.

Alex Watts : And they accept you have sent it back by post?
Alex Watts : Do they accept you posted it?
Customer:

Yes I called them up when the phone arrived! They were the ones that told me it was a brand new contract, so I told them there and then I wanted to cancel and have the phone returned! They sent me out the pouch the following week to return the phone.

Alex Watts : Ok. The same thing happened to my friend. You need to write, not email their complaints team at
Alex Watts : Write to us. Three Customer Complaints, Hutchison 3G UK Ltd., PO Box 333, Glasgow, G2 9AG
Alex Watts : Send the letter recorded delivery and enclose a copy of the postage slip.
Customer:

I showed them the proof of posting, but when you track the postage it still says its in transit, on its way! This was all since April this year.

Alex Watts : They will investigate the matter at which point any charges and contract will be cancelled.
Alex Watts : Write to the complains team
Alex Watts : If then they do not resolve it Complain to the ombudsman
Alex Watts : That website is
Alex Watts : www.ombudsman-services.org
Alex Watts : But the formal complaints procedure should resolve it
Alex Watts : Ombudsman Services, PO Box 730, Warrington, WA4 6WU
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I have been dealing with the complaints team, all this time, but they are saying its my fault and I have to chase royal mail to make a compensation etc! They have seen proof of postage etc

Customer:

Now they have put me onto a debt management company to recover payment

Alex Watts : Ok, then you should go to the Ombudman.
Alex Watts : Unless 3 told you to insure it then you need not,
Alex Watts : But the ombudsman should resolve it for you
Customer:

Ok thanks

Alex Watts : Can I clarify anything else for you?
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