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Issue with 3

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  • 05-10-2008 8:09pm
    #1
    JJJJNR
    Closed Accounts Posts: 4,791 ✭✭✭


    Hi

    I bought a 3 modem and signed up to a contract online, the modem never worked signal in my area was too weak.

    Anyway rang up to cancel the contract and was told to send my modem back which I done. They owe me for the cost of them modem and are still taking payments from my bank account.. They keep ringing me for payments and have now passed on to a debt collection agency.

    How can i get them off my back and get my money back.


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    #2
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    I take it you cancelled within 14 days and sent the modem registered post? Otherwise you don't really have a leg to stand on.

    Why didn't you bring it back to the shop?


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    #3
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    the op bought the modem on-line, I'd say a shopn wouldn't take it back since it was bought on-line


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    #4
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Why haven't you canceled the direct debit? That will stop them from taking the monthly payments. After that, take them to the small claims court if they don't refund the cost of the modem.


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    #5
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    jor el wrote: »
    Why haven't you canceled the direct debit? That will stop them from taking the monthly payments. After that, take them to the small claims court if they don't refund the cost of the modem.

    If he can't prove he returned the modem (using registered post), Three are under absolutely no obligation to refund him or cancel his contract.


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    #6
    Ste.phen
    Registered Users Posts: 2,808 ✭✭✭Ste.phen


    I thought you only needed to prove you sent it, not that it was received?
    (legally? I thought i heard this in a business law class a few years ago)

    (then again, if the OP didn't get a receipt for postage, that's not much good either)


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    #7
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    What good is a receipt for postage? It just shows you posted an item on a particular date, it doesn't say the address it was sent to.

    You should ALWAYS send things like this registered post, for your own peace of mind. It only costs a few euro extra.


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    #8
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    i always thought that if you are dealing with a company you have to be considered to be acting in good faith as in if you say you have returned something by post they should have no reason to disbelieve you if they have not insisted on you using registered post.

    if they were worried about fraud or people not returning items they should insist on registered post to have items returned to them.

    also afaik three arrange collection of all modems/phones that are returned to their online store for whatever reason, so the op should have arranged this through customer care and waited for the collection.


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    #9
    parsi
    Site Banned Posts: 5,904 ✭✭✭parsi


    eth0_ wrote: »
    What good is a receipt for postage? It just shows you posted an item on a particular date, it doesn't say the address it was sent to.

    You should ALWAYS send things like this registered post, for your own peace of mind. It only costs a few euro extra.

    Registered Post no longer shows the address it was posted to so it can be more awkward to prove.

    This is also the case in the UK and quite a few folk have fallen foul with Papyal as they couldn't prove that they had sent items as registered to specific addresses (see eBay community fora for more..) .


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    #10
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    parsi wrote: »
    Registered Post no longer shows the address it was posted to so it can be more awkward to prove.

    This is also the case in the UK and quite a few folk have fallen foul with Papyal as they couldn't prove that they had sent items as registered to specific addresses (see eBay community fora for more..) .

    Well you could also ask for a certificate of posting which does have the addressee's (sp?) details on it.

    Wait - registered post doesn't show the address anymore? What is the point of that? :confused:


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    #11
    parsi
    Site Banned Posts: 5,904 ✭✭✭parsi


    eth0_ wrote: »
    Well you could also ask for a certificate of posting which does have the addressee's (sp?) details on it.

    Certs of posting are a waste of space - often they are filled out by the customer and stamped without checking. I think they are really only a receipt for money spent on stamps (when push comes to shove).
    eth0_ wrote: »
    Wait - registered post doesn't show the address anymore? What is the point of that? :confused:

    Good question. I suppose it's really to ensure that it isn't lost during the postal process - once they hand it over that's the end of it.

    The problem UK folk had was that they couldn't pull any sort of address record from Royal Mail that would actually tie the Reg Number with the destination address. Of course it then suited Paypal to dismiss the claims.

    I would still use it to send items as it generally does ensure they get to the address (not necessarily the person).


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    #12
    MOH
    Registered Users Posts: 6,465 ✭✭✭MOH


    parsi wrote: »
    Registered Post no longer shows the address it was posted to so it can be more awkward to prove.

    This is also the case in the UK and quite a few folk have fallen foul with Papyal as they couldn't prove that they had sent items as registered to specific addresses (see eBay community fora for more..) .

    UK registered post shows the address it was posted to on the proof of posting receipt - building name/number and postcode.


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    #13
    Danno
    Registered Users Posts: 8,913 ✭✭✭Danno


    Surely 3 have data usage records on their computers that show the modem hasn't been used? That would prove the point really. I remember that I had a huge problem with BT over Anytime 180. They billed me for over €400 despite never using the service after I cancelled it. They kept billing, debt collection agencies etc... I got really fed up with them and got on to the top man. He tapped a few buttons on his computer and seen that I had not used the service, wiped the debt, and repealled the black mark on my credit rating. Happy days in the end, but alot of stress involved at the time.


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    #14
    jao
    Closed Accounts Posts: 61 ✭✭jao


    My aunt had this exact problem with 3.
    She sent in a letter along with the modem.
    3 days later she got a call saying she went about cancelling her contract the wrong way and that they would bill her until she first clled in to the call center and then sent in a letter.
    she obviously told them where to go.

    2 weeks later she got a bill and called up telling them what had happened and that she wouldnt be paying it.
    next month she got a bill and an overdue letter for the previous month.

    this went on for about 3 months until 3 sent a letter saying a debt collector would be arriving on monday between 9am and 9pm.

    at this stage my uncle called and blah blah if any one sets foot on my property etc..

    This was eventually sorted when my aunt threatend to bring them to court for herassment.

    They were nice enough about it then.
    :)


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