"Chris Morrison" <hidden@nospam.priv> wrote in message
news:1171896167_4857@sp6iad.superfeed.net...
> Hi all,
>
> I wonder if anyone can give me some advice or pointers on the following.
>
> A friend of mine is in the process of trying to end her 3G mobile phone
> contract as money is a bit
> tight and she cannot afford the monthly payments.
>

Should have looked at her budget before agreeing to a contract.

> She wrote to 3 and told them that she wished to cancel and they have
> written back to her and told
> her that she is in an 18 month contract which does not end until
> September, and that if she wants >to
> cancel now she will have to give them £313. This was originally stated as
> the remaining line rental,
> although they are now calling this a 'cancellation fee.'
>

That's right, she is being charged a fee for cancelling the contract she
has, so it is a cancellation fee. Trying to be clever will not get your
friend (you) anywhere.

> On top of this she has been late paying her bill for this month due to
> money being tight.
>

Well she deserves everything she gets, we only have your word for it. Some
people enter in to agreements with no intention of paying, or try to get
away with a discount.

> 3 are now saying that her account is being transferred to a debt
> collection agency (even though she
> assured them that her bill would be paid when she gets paid in 2 weeks
> time) and 3 are saying that
> the debt collection agency will add further costs possibly bringing the
> total she owes up to £700 -
> £900.
>

They can't trust her - would you trust a late payer to pay within a
specified time going by past non payment of bills?

> My questions are:
>
> Locking someone into a contract for 18 months and charging them £300+ to
> get out of it is immoral,
> punitive and unfair.

Not really, would you like to run a company and have people refusing to pay
the bills? She (you) agreed to the contract and fully understood how much
it would cost. If she lives on such a low income that a phone bill would
mean putting her in debt then it was a stupid decision in the first place
not to go with a PAYG.


>Surely this must come under the Unfair Terms in Consumer Contracts
>Regulations
> 1999 or some such. Does any know of any cases or precedents where this has
> been challenged in >court?
>

No, you can't get away with having a service and refusing to pay for it. It
doesn't matter what excuse is used, companies hear them all the time.

> Since she is a 3 customer and has not entered into any contract with
> whichever debt collection
> agency they choose to use, how do they have the right to add their own
> fees on top of the original
> debt, and are these enforceable in court?
>

The debt collection agency can add a reaonable fee. They can also add
further costs, including when the bailiffs call to take her property at a
later stage as I think she will probably still refuse to pay.

> Any tips or advice would be greatly appreciated and sorry for the length
> of this post.
>
>

Tell your friend not to enter in to contracts if the payments can't be met.
At least now that will not happen again due to a poor credit rating. Other
advice is be more responsible and think first.
Pay the bill and get a PAYG on a cheaper network. Learn from mistakes.