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Do I have any right to 3R's in this situation

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Comments

  • #52
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    L1011 wrote: »
    Drop the sarcasm.

    Its blatantly obvious that a phone on a service contract is paid for, and the amount is stated on the receipt. If you chose not to accept this, fine, but stop repeatedly arguing against logic.

    That's pretty condescending, particularly from a moderator.

    Anytime I've gotten a free upgrade, the receipt says zero. If I buy a tv in a shop, the shops profit on it is paying towards the shops costs in selling it but in the SCC that is not taken into consideration, the price I paid is what I can claim in the SCC for the TV. The profit on the service contract might be paying for the cost of the phone, but if the handset is free, that is the amount I can claim for the handset. Logic.


  • #53
    L1011
    Registered Users, Registered Users 2 Posts: 71,188 ✭✭✭✭L1011


    davo10 wrote: »
    That's pretty condescending, particularly from a moderator.

    Anytime I've gotten a free upgrade, the receipt says zero.

    Three receipts have the price on them. Three is the company under discussion here.

    You are clearly not going to accept that a "free" device is paid for by the service contract so there is little point in telling you the same things over and over again.


  • #54
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    L1011 wrote: »
    Three receipts have the price on them. Three is the company under discussion here.

    You are clearly not going to accept that a "free" device is paid for by the service contract so there is little point in telling you the same things over and over again.

    Dear God, if the receipt says something is free, and the consumer doesn't have to pay for it when receiving it, it's free.

    What's the point in discussing this when you are making it up as you go along? If Three make the cost back by charging you more profit for the service, then that's the service cost, the handset price is set at zero in the case of a free upgrade.


  • #55
    Sonics2k
    Registered Users, Registered Users 2 Posts: 8,261 ✭✭✭Sonics2k


    davo10 wrote: »
    That's pretty condescending, particularly from a moderator.

    Anytime I've gotten a free upgrade, the receipt says zero.

    Genuinely, again. I worked for O2 for years and I know how it works.

    L1011 is entirely correct when they say that the phone is 'free' in that you pay nothing at the time, the amount you pay per month is essentially you paying it off + the cost of the network services.

    In this case, even though the OP is out of contract, they are still entitled to a repair, replacement or refund at the discretion of the retailer (Three).

    In 99% of cases a network will chose to repair the phone, if after 2-3 attempts it fails they will then replace it.

    edit: Personal tip. Always buy a phone on Prepay or direct from the manufacturer, the cost of a contract nearly always works out more expensive.


  • #56
    Xterminator
    Registered Users, Registered Users 2 Posts: 4,782 ✭✭✭Xterminator


    No-one is saying you dont pay for a phone over the contract term. OP did not complete that contract term.

    As i see it the OP has 2 choices

    Use SCC against the retailer. claim value of phone - and risk not winning because the circumstances are very murky. A judge might find in his favour but as stated it will not award more than he paid.

    If the judge find in OPs favour the adds up all the months contract he did pay before cancelling, and then subtract the cost of providing that service - what are you left with?

    The OP has a risk free option of using the manufacturer's warranty. Phone gets repaired with no risk.

    For me the wiser option is clear.


  • #57
    JimsAlterEgo
    Registered Users, Registered Users 2 Posts: 1,917 ✭✭✭JimsAlterEgo


    Xterminator wrote: »
    No-one is saying you dont pay for a phone over the contract term. OP did not complete that contract term.

    As i see it the OP has 2 choices

    Use SCC against the retailer. claim value of phone - and risk not winning because the circumstances are very murky. A judge might find in his favour but as stated it will not award more than he paid.

    If the judge find in OPs favour the adds up all the months contract he did pay before cancelling, and then subtract the cost of providing that service - what are you left with?

    The OP has a risk free option of using the manufacturer's warranty. Phone gets repaired with no risk.

    For me the wiser option is clear.

    cant the judge award a new phone from 3 or force them to repair it? or does it have to be cash?


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