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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 19442
Experience:  Solicitor
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Second opinion) Issue: I have been charged for a mobile

Customer Question

Second opinion) Issue: I have been charged for a mobile handset for 2 years (August 2019 - August 2021) when the mobile handset had already been paid off.Complaint Information as recorded by Three:“Mrs I is in dispute with Three in regards ***** ***** mobile phone contract. Three have been charging her for incorrectly after the term of the contract ended.Mrs A took out a two year contract for her daughter in August 2017. In August 2019 the contract came to an end. Her daughter then lost the telephone and Mrs A made Three aware of this.Mrs A stated Three have continued to charge her between £24.00 & £30.66 per month for the past two years however the contract ended in August 2019 so should not have being paying the cost for the handset.Mrs A has raised this with Three and they stated she did not cancel the contract at the end of term which is why they continued to take the money. On several occasions and they have offered her a refund of one month cost and then extended this to a three month refund.Three have since sent Mrs A an ADR letter stating she can now contact Ombudsman Services. The letter was dated 17th May 2021.Remedy Requirements:Mrs A would like to refunded for the handset cost from 2017 - 2019 as she should not be charged for the handset when it was fully paid in August 2019.# Three has stated the dates incorrectly - I would like to be refunded for the cost of the handset from 2019 - 2021 (not 2017 - 2019). #Proposal by Three:Remedy 1 (no remedy or reward)Three have reviewed this and we’re satisfied that no error has occurred. We received a call on 28 August 2019 advising the phone had been lost. This was then suspended not cancelled. Three continued to provision services should you decide to replace the SIM or find the handset. This never occurred. Three therefore continued to charge for the service that was available. We understand there may not have been a requirement for but the cancellation would be your responsibility to confirm and we understand this can be forgotten. This is why we consider a reasonable window to contact us of 3 months. This would be sufficient for customers to review their finances or challenge unknown payments. Had this been done, then could have been closed sooner and less charged. Three will propose a generous offer in early resolution nonetheless.Remedy 2 (£200):Goodwill valued £200 - Three will offer just over 6 months be refunded. This is purely in goodwill and if accepted is in full and final settlement. If rejected, then it will be withdrawn in full and no refund issued. This would then be Ombudsman Services decision .”My Argument:1) I took out a contract in August 2017 - August 2019 in my name, but for my daughter.
2) During that time I was paying for the service charge and for the handset.
3) In August 2019, the last month of the contract, I contacted Three to advise them that my daughter had lost the handset. I may or may not have asked them to cancel the contract.
4) Subsequently, I bought my daughter a new handset and my daughter organised her own contract with Three.
5) Three, however, continued to charge me for the service and for the handset even though the handset had already been paid off.
6) As I cannot remember whether I cancelled the contract or not, I am not disputing the service charge for the last 2 years (August 2019 - August 2021), but I am disputing the charge after August 2019 for the handset.I have read Three’s defence, but I notice that while they refer to the service charge they conveniently miss the point ie. that they continued to charge me for the handset that I had already paid off in August 2019 when I contacted Three and told them that it had been lost.Should I accept Three’s offer or should I put my case to the Ombudsman?Area of law: England-and-Wales
Submitted: 14 days ago.
Category: Property Law
Expert:  Jamie-Law replied 14 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 14 days ago.

If you need to contact customer services you can do so by calling free on: 0808(###) ###-####or by email: *****@******.***

You may get a request offering you a telephone call. I am more than happy to do this for you but please note that this is a premium service and therefore attracts an additional charge. This charge is not instead of asking an online question but in addition to. You do not have to accept a telephone call and if you do not wish to have it, please do not click on the request for one. Should you do so then you will be charged for the call.

I will try and answer your question promptly, but as this is an online service there can be delays.

Don’t worry you do not have to wait here for an answer and you will get an email when I respond.

Now let me just take a look and your question and I will see if I can provide an answer for you.

Expert:  Jamie-Law replied 14 days ago.

You need to check the terms of the contract.

Clearly, if it's a 2-year contract it includes the price of the handset.

But UNLESS this contract says the price will be reduced by the end of the contract period, then it is up to the contract holder to re-negotiate at the end of the term.

You could move to a SIM only if you prefer. But sadly that did not happen.

It is not up to THREE to say, hey, do you want to move to a different tarriff.

I have a reminder in my phone every time my contract renews.

You could say the same with a Sky contract - the first one includes the box but later renewals do not.

The same principle applies here. It is up to the contract holder to re-negotiate the contract when the fixed term has ended.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost

Expert:  Jamie-Law replied 14 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.