[Chewy]

Hi all.

I was wondering if anyone has tried to get an early upgrade from 3?

My upgrade isn't due till mid-November but I'm so sick of my v3x that I was thinking of trying for an early upgrade. Maybe they'd go for it if I commited to an 18month contract??

Chewy

[hecatae]

got an upgrade on my 9 month by ringing and asking

[getti]

You can upgrade on 3 anytime from month 3 onwards but at a cost.

I phoned the upgrade team and asked about prices when upgrading on month 4 and was told £249.99 for a LG 880 and the Moto RAZR. £219.99 for a 6280.

As the months go on the price drops of course. You can upgrade as long as you have passed 3 months and have £0 outstanding on your account

[Chewy]

So the early upgrade would basically be a new 12 month contract from the date of upgrade....only at a price. Ok that's fair i guess. It'll be 7 months by the time the phone I want is out so shouldn't be TOO expensive....

I'll wait till then and see what they say and report back.....

Chewy

[hecatae]

upgraded last month.

3 rang to upgrade me yesterday

3 rang to upgrade me today

[Ben]

Wow, sounds like they've really got their finger on the pulse :D I hope you keep taking them up on their generous offer! ;)

[hecatae]

well yesterday they looked and said it could not be done, so i asked to be taken off the upgrade list.

so when they rang me today, i just said yes, 6280, yes, 6 months half price, yes, deliver friday, yes.

here is hoping.

[hecatae]

and i have in my hand a 6280

exactly one month after upgrading to a n70.

i have not signed for it my neighbour did. therefore where do i stand on this?

i'm about to check the paperwork, if it says 0.00 can i keep it?

[Ben]

Well, it's yours I guess. Provided it's definitely an upgrade and not a new contract with a new number then you should be fine - just carefully check your next bill!

Congrats :P

[hecatae]

it's definitely an upgrade.

voicemail yesterday stated, please do not sign for the handset, i did not my neighbour did. so i've not ignored their voicemail request.

wondering whether to open the bag and check the proof of purchase

edit: despatch note states:

total order value £0.00

plus phone model and imei.

now, do i open the box or wait?

[Ben]

When Orange accidentally sent me a Z1010, free, 3 months before the launch of Orange 3G, they also instructed me not to sign for it. I got someone else to. I kept the handset, was not charged, and have been connected to Orange 3G ever since :)

Still, you're definitely in a grey area if they asked you not to sign for the phone. I didn't realise they told you that.

[Hands0n]

I think that 3 have upgraded you regardless and you'll find that your contract term has been renewed. You are likely in for a right old fight with them. My strongest advice at this time is not to use the 6280, don't even break the tamper proof seal on the box until you get to the bottom of this. Breaking the seal may be cited as a tacit agreement to the contract renewal.

However, if they have sent you this in addition to your N70 upgrade recently, and if you don't mind having the contract re-started from this point on, then I'd accept it as an "Unsolicited Gift" by 3 to you. So long as you are not going to be issued with yet another number and contract (i.e. its all on your existing contract). You may not be able to hold on to the Unsolicited Gift, or 3 could IMEI bar the handset rendering it useless to you anyway.

Edit: Very scary phone call today from 3. I left them a couple of months ago. They want me to go back to them with the offer of a Free Phone - like no other mobile operator does that then. The Indian CS pressed on regardless of my saying "No thank you" several times. Only when she reached the end of her script did she pause for breath during which time I interjected quite insistently. Several times I said that I did not require a new 3 service from them. I now await a brand new handset and USIM from 3 - unsolicited of course! Jeez, its easier to get rid of Herpes!!!

[hecatae]

My contract is renewed in July.

the words from the operator were:

would you like a free phone and 6 months half price line rental, subject to you agreeing to a 18 month contract?

so I said yes.

I made sure I was out, I was informed the parcel would go to the depot.

The fact that they popped round to a neighbours to obtain a signature is not my problem.

I received a nokia n70 in may

I got a phone call on tuesday and they checked and could not upgrade me because I told them I had already upgraded, so I asked to be taken off the upgrade list.

They called me again on wednesday so I said yes not expecting the handset to even be dispatched.

Voicemail thursday evening asking not to sign for the handset

Friday the handset gets signed for by a neighbour.

If I call 333 CS I can see India going, oh would you like to cancel your contract and return the upgrade, would you prefer another handset, more discounted line rental, PAC code...

It's all on my existing contract.

[Ben]

The 6280 looks like a fab phone... I'd be inclined to accept the (almost certain) contract renewal and (hopefully) free phone and start using it!

[hecatae]

Here's a few bits of law.

1) The unsolicited goods and services act 1971. This applies where you receive something without ordering it, and with no notice. The law says you must give written notice to the owner of receipt and give them time to collect it by mutually convenient appointment. If they don't, then after a set time (can't remember if its 3 months or 6 months), it becomes yours.

2) The Theft Act defines theft as "retaining the property of another with the intention of permanently depriving him of it"

3) The law of contract says that a contract becomes final when an offer is made and accepted *and consideration passes or becomes due*

1. is not applicable.

so,

hows all this fit together.

The Nokia 6280 was offered as a gift for taken out a further 18 month contract with 3.

I was left a voicemail to be informed the gift was a mistake and to please not sign for it, 3 are not capable of recalling orders sent by parcelline, I was out but their courier made sure it was signed for, by my neighbour.

So, is signing for the phone, acceptance of the gift for renewing my contract to 18 months...

My problem is the parcel was signed for...

Their problem is it is their property that I'm trying to return but do not know which number to call or how to go about it.

I'm waiting for them to call me, seeing as the exact words spoken by the operator were "free phone for renewing your contract to an 18 month term starting on 16th July"

They have just over a month to inform me how to get their property back to them, before I accept it as part of my 18 month renewed contract term.

edit: plus they promised to call me back about the mistake.

[Hands0n]

Key to all of this is that it was not signed for by you or by your nominated or authorised representative. The courer [it appears] took it on their own initiative to get it signed for by a neighbour. So the risk is the couriers at that point - which does not excuse your neighbour or you to keep it. The point is that you did not sign for it either implicitly or tacitly or by proxy. So I cannot see how you could be deemed to be in contract by any kind of acceptance on your part.

You could use the 3 website eMail to Customer Care to pass the problem on to them, leaving them sufficient contact information to arrange the return of the goods by you. In doing so I would suggest giving them a cut-off period to achieve the collection beyond which you will "handle or dispose of the goods in any manner you see fit". They will respond to that for sure.

[jgs1]

Here's a few bits of law.

1) The unsolicited goods and services act 1971. This applies where you receive something without ordering it, and with no notice. The law says you must give written notice to the owner of receipt and give them time to collect it by mutually convenient appointment. If they don't, then after a set time (can't remember if its 3 months or 6 months), it becomes yours.

2) The Theft Act defines theft as "retaining the property of another with the intention of permanently depriving him of it"

3) The law of contract says that a contract becomes final when an offer is made and accepted *and consideration passes or becomes due*

1. is not applicable.

so,

hows all this fit together.

The Nokia 6280 was offered as a gift for taken out a further 18 month contract with 3.

I was left a voicemail to be informed the gift was a mistake and to please not sign for it, 3 are not capable of recalling orders sent by parcelline, I was out but their courier made sure it was signed for, by my neighbour.

So, is signing for the phone, acceptance of the gift for renewing my contract to 18 months...

My problem is the parcel was signed for...

Their problem is it is their property that I'm trying to return but do not know which number to call or how to go about it.

I'm waiting for them to call me, seeing as the exact words spoken by the operator were "free phone for renewing your contract to an 18 month term starting on 16th July"

They have just over a month to inform me how to get their property back to them, before I accept it as part of my 18 month renewed contract term.

edit: plus they promised to call me back about the mistake.

1 - has been ammended by the distance selling regulations
http://www.opsi.gov.uk/si/si2000/20002334.htm I do believe you have to nofity them in writing or within a specific time period now.

2- no it doesn't - A person is guilty of theft he dishonestly appropriates property belonging to another with the intention of permantely depriving the other,

[hecatae]

ok, they still have not rang

and i do not believe 1 or 2 are relevant to this situation

[Hands0n]

Re-reading the above. I reckon the handset is yours to keep on the proviso that you accept 3's original [voice] offer



the words from the operator were:

would you like a free phone and 6 months half price line rental, subject to you agreeing to a 18 month contract?

so I said yes


Three cannot prove that they did not make you that offer unless they can produce recordings of their voice call to you making the original offer, and the fact that they sent you a handset consistent with that offer would make it stickier for them to try and suggest otherwise.

To phone you later and say "oops sorry we made a mistake in offering you the handset as an incentive to continue your contract for another 18 months" is simply not good enough. I doubt very much that it would stand the test of scrutiny by Trading Standards or a court case. If it would then no offer made by Three can be regarded as bona fide unless made in writing beforehand. Three could welch on every single deal they make with a Customer. I really cannot see Trading Standards putting up with that, it sets an awful precedent.

On the contrary, the precedent of Three making such contractually binding offers is already set. It is their standard and well established practise to do a deal over the phone.

[hecatae]

Got an email from them today saying thankyou for choosing to stay.

[Ben]

LoL! Well they didn't exactly make it a hard choice ;)

[hecatae]

got a letter today,

states nokia 6280 is my free upgrade, registered to my account, and agreement to renewed contract.

[Hands0n]

Well, that sort of binds them to it fairly well :) Nice one.

[Chewy]

Well I saw the SE K800i is available on the Threestore website. So phoned CS to talk about upgrading early. After giving my details to 2 different people I was told they don't have the K800. So I gave him the web address, which was the link from the main Three website to the online shop and he still wouldn't believe me! Said it might be another dealer which wasn't Three direct. IT'S YOUR WEBSITE!! I kept telling him....

Either way, 6 months into my contract, they want £118 for the "new Nokia 6280". Hate it when they say it like it's just come out!! It was 6 months ago, which in phone terms is an age!!!

I said I'll phone them again when the K800 is listed in their Handsets, not just in their online shop!!

GRRR....

I even asked if I commited to an 18month contract, would they give me the phone for free? No, was the reply, i'd just get half price line rental for 6 months etc...you know, the usual they give to new contracts!!

[Chewy]

Spoke to 3 today about an early upgrade for the k800i. Was told it'll be £200 now as I'm only 7 months into my contract, OR, wait till September when i'll be 9 months in and they'll be phoning me anyway to upgrade free.

So, I have to hang on to my v3x for another couple of months....

Indian Call Centre is flooded too so calls are being redirected to Scotland. CS improves 100% !!!

[joffa81]

Spoke to 3 today about an early upgrade for the k800i. Was told it'll be £200 now as I'm only 7 months into my contract, OR, wait till September when i'll be 9 months in and they'll be phoning me anyway to upgrade free.

So, I have to hang on to my v3x for another couple of months....

Indian Call Centre is flooded too so calls are being redirected to Scotland. CS improves 100% !!!

thats cool chewy.

im glad someone can get a free upgrade at 9 months as when i tried to upgrade to my v3x 1 month early three charged me £130.

im the same sick of the problems with the v3x especially as the rbber coating on the phone has started to peel off, and have had my contract 9months (since december) but they gonna charge me £230 which is a rip off. wouldnt mind but i have 2 contracts with three (one for me and one for the wife) both on talk & text 900 and they still want to charge me to upgrade so that would be £460. i think the people on customer support sometimes just dreams up these prices on the spot, but good luck anyway and let us know weather u get the k800i for free or not