Another Recent email sent to me

Hi,

Thank you creating this website, I have been a 3 customer for around 5 years and had no problems until a year ago, I was miss sold an 18 month contract I requested 12 sold verbally on the phone- but stupidly didnt read through my terms and conditions when they arrived in the post, also problem with requesting a direct debit twice -causing me to go over drawn and 3 would not compensate me for my bank charges despite only wanting to be refunded £15 as a matter of principle as it was there fault they are more willing to loose my business aroung £1500 a year as soon as my mobile and internet contracts end.

..........but more recently my run in is with mobile broadband took it out a year ago and it is useless. Have complained repeatedly spent hours on the phone. Gave up today and asked to end my contract as I am not being provided with the service I paid for and told I cant unless I pay for the outstanding contract- I reminded them of the supply of goods and services act (1982). Seemed to stir them up and got a call back from a manager....but as expected no solution!

So I can hold them in breach of contract I have given them written notice of 14 days to fix the problem before I cancel the direct debit.

I have contacted the OFT and even watchdog!- was really annoyed. And will contact the other offices you suggested.

It did make me laugh this afternoon when trying to request an address to send my formal complaint to and after an hour on the phone discussing the lack of internet access was told by the advisor he couldnt provide me with an address, but could I look on the internet.....my reply was I would only my internet provider does not provide me with access to the internet ....I was then asked if I would like to take part in a customer satidfaction survey!

Many thanks for the website, and let me know if I can help- its an outrage they are getting away with bullyboy tactics and a sense they are above the law.

Unfortunatley for them it wont work with me.

Kind regards,

Sarah.

Recent email sent to me

Hi

Id just like to say thanks for making the time to create your web-site. I am currently in a major dispute with 3 and found site very helpful.

Too cut a long story short I purchased a pay monthly phone from a 3 Store only to find that I struggled 2 get a network in & around my home. I got one bar if I was lucky in one room of my house only.

When I brought the phone I got advised to take it away make some calls send some texts & see how I get on. I was then advised if I do struggle and get a bad network take it back within 14 days & they will cancel the agreement.

After 3 days I took the phone back & got told by a manager that they are unable arrange a cancellation. One of the factors was that I have used 30 mins of calls so proves to them that I am happy with the contract. I advised I am happy when I CAN use the phone, reception is fine when I am at work in the City Centre but rubbish when I am at home. They keep telling me that there technicians say network is GOOD.

I have said that I am not happy with there product as I cannot use it for its intended use. I believe I have been miss-sold there product as the sales assistant did not instruct me of any of these details whilst purchasing.

I believe I am within my rights to retun & cancel the phone as per the 14 day cool off, however the manager in shop argues otherwise. The 3 CARE Call Centre have been no help whatsover, stating on many occasions that they cannot help me any further today.

I am now going to write a complaint letter to 3 & copy in Consumer Direct & Trading Standards as I believe that this is unfair. If I knew what I was gettign myself into I would of NEVER gone with 3.

Absolute nightmare company which has caused great stress at this time of year.

If you have any guidance or suggestions please let me know.

Thank You & Kind Regards

Steven

Recent Article Found on Ecademy Website

In a letter to Hutchison 3G UK's Group Managing Director, 3's long-standing customer, Bill Warry wrote to 3's Group Managing Director, Canning Fox (as well as to Customer Services) to give seven days notice of intention to sue for breach of the Unfair Contract Terms Act 1977.

In his march 08 bill from 3, Bill Warry was charged for over 100 calls to 3 International Directory Enquiries at £1.915 a time although he had not made a single enquiry to them - ever. Customer Services explained that they had inserted 3 International Directory Enquiries as a default at the top of his contacts list and that the call button must have been pressed accidentally in he pocket, and that there was nothing they could do about the charge.

If 3 had not deliberately entered this 3 Premium number at the top of Bill's contact list the cost of 100 plus accidental calls would have been zero because they would have easilly fallen within the allowance of his price plan. Bill claims that 3's unsolicited action of inserting 3 International National Enquiries as a default at the top of his contact's list is "Unreasonable" as defined in the Unfair Contract Terms Act 1977.

Bill has notified OFCOM of 3's behaviour and is about to contact BBC's Watchdog and the Consumer Association. He is also preparing a press release on the matter for the mainstream media.

Here is the letter written:

Mr Canning Fox
Group Managing Director
Hutchison 3G UK
Hutchinson House
5 Hester Rd
Battersea
London SW11 4AN

Cc 3 Customer Services
Hutchison 3G UK Ltd Account No 9273342742
PO Box 333
Glasgow G2 9AG 4th April 2008



Dear Mr Fox,

Having subscribed to 3 for approximately two years on a low-cost tariff, I was shocked to receive my March 08 bill in the amount of £311.01 with over 100 calls (sometimes 4 within a minute) to 3 International National Directory Enquiries at £1.915 each.

I pointed out that I had not made a single enquiry to 3 International Directory Enquiries. 3 Customer Services said that they had made 3 International National Directory Enquiries my default in my contacts, that I must have repeatedly pressed the button accidentally while the phone was in my pocket and there was nothing they could do about the bill. I said they could apply some common sense and credit an obviously inappropriate billed amount. They said they were not prepared to do this.

I enclose two blogs that I have written on the subject. I have reported your behaviour to OFCOM and I am sending out Press Releases next week to "Watchdog", the "Consumer Association" and all the mainstream press.

I have never had such a problem before. Some companies strive for "a quick buck", some companies choose "long-term good customer relations". It is possible that Hutchison 3G UK Ltd is in the former category in which case making a 3 premium number a default, must be producing many quick bucks for the company.

However, I believe that introducing this unsolicited premium number as a default to your customers' contacts list is contrary to the Unfair Contract Terms Act 1977. I hereby give 7 days notice that if you do not promptly credit the charge of £233.84 plus VAT for unsolicited premium rate calls, I will be taking Hutchison 3G UK Ltd to court.

Yours sincerely,


W.N. Warry

Article links: http://www.ecademy.com/node.php?id=102006 & http://www.ecademy.com/node.php?id=102089

News

I recently come across this online docoment produced by Hutchison 3G on with regards to the Alternative Dispute Resolution (ADR) and complaints handling by Ofcom.

I have included the final summary with my own comments in Red

"CP" stands for Communications Provider

Questions

1. Do you agree with the following definition of Complaint:
“Complaint means an expression of dissatisfaction made to a Communications Provider
related to its products or services, or the complaints-handling process itself, where a response
or resolution is explicitly or implicitly expected.”

H3G understands why Ofcom wishes to agree a single definition of "complaint" across the
entire communications sector. However in order for it to be effective Ofcom will need to give a
number of examples of what would and would not be an expression of dissatisfaction. For
example is it a complaint if a customer calls and says their bill is too high? Or their handset
doesn’t have the functionality they were used to and they don’t like it, or they didn’t have
coverage in the area they holidayed in? In each instance the customer could refuse to accept
the answer they are given and to demand it be escalated. This could significantly increase the
number of recorded "complaints" despite these not being issues for which H3G could
reasonably held responsible.
As indicated above H3G would like to see fault removed from the definition of complaint as this
may trigger a referral to ADR for a problem relating to a manufacturers fault.
In the end a complaint is a complaint and should be dealt with accordingly even if you are providing a product from a third party (i.e. Nokia, Siemens etc...) The CP is responsible for this product reaching the customer in the first place so they should take the correct measures in rectifying their problem and if they don't then of course they have the right to make a complaint!

2. Do you agree that a consumer should have the right to go to ADR:
(a) eight weeks after a complaint is first received by a CP; OR (b) earlier, if a CP has issued a
deadlock letter.
H3G agrees with these proposals.

3. Do you agree with our preferred Option 4 that a CP should be required to give written
notice about ADR: (a) Within five working days after the Communications Provider received
the Complaint, unless the complaint has been resolved at the first point of contact;(If a
consumer contacts a CP again about a matter which the CP reasonably believed to be
resolved at first contact then notice should be given at that time) AND (b) eight weeks after the
CP first receives the complaint, earlier if the complaint is resolved or when the CP issues a
Deadlock Notice.

H3G disagree with the requirement to notify customers within 5 days (see above). Why? Surely this would create a sense of confidence with the person complaining, plus most industries (especially Financial Services) have a 5 day notification policy for complaints.
H3G agree with notifying the customer at 8 weeks if the complaint is unresolved and in the
event of a deadlock letter.

4. Do you agree that the notice about ADR which CP should give must be: (a) be in writing in
a durable form (b) be in plain English, clearly written and concise; (c) include a reference for
the complaint; (d) include details of the ADR Scheme which the CP is a member of, including
NON CONFIDENTIAL
contact details; (e) and summarise when the consumer has the right to go to ADR Scheme
and the role of the ADR Scheme.
H3G disagrees with (a) One of two reasons (both bad) I can see for this, 1. A cost saving measure so they don't have to pay for the excessive paperwork or 2. They try to avoid providing any written hard copies of replies making it harder for the consumer to keep records. (see above) but agrees with (b) – (e)

5. Do you have any comments on the criteria which we propose we will use in our future
review approval of the ADR Schemes?

No.

6. Do you agree that CPs’ should be required to comply with a single Ofcom Approved
Complaints Code of Practice which sets out high level mandatory standards for complaints
handling?
H3G support this, but request further clarification on the operation of the proposed complaints
handling procedures as detailed above.

7. Do you agree that CPs should be required to keep a log of all complaints? We could require
CPs to log complaints when they are first received and as they are handled. These records
must include as a minimum for each Complaint a log setting out:
(a) Details of the Complainant, including their name and address; (b) the date on which the
Complaint is first received; (c) a description of the Complaint; (d) and a description of how the
CP deals with the Complaint.

Ofcom argues the record keeping is required in order to demonstrate compliance with the new
requirements. However the requirement to acknowledge the complaint and send details of the
ADR scheme and to refer within 8 weeks, is not dependent on the details of the complaint,
name and address being stored. Statistics showing date received date of letters sent and
updates sent would enable Ofcom to evaluate whether the regulation was being complied with.
H3G has provided an estimate for the cost associated with implementing this requirement in
and strongly questions whether this is proposal is proportionate to its stated aim and value.

8. Do you agree that three months from publication of the Statement for this Review is a reasonable period to implement the changes proposed in this Consultation Document?

Three months is wholly unrealistic. The system changes for the monitoring of complaints and
the requirements to acknowledge in writing every complaint would take a minimum of 8-12
months to implement. Some system changes could form part of a proposed project however
this, if agreed, would not be implemented until late 2009. Well this answers the question as to why a lot of people are not getting their complaints with 3 dealt with!! The practice acknowledging complaints should already be in place and this proves that their customer services complaints department was never eqipped in the first place!!


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