Unfortunately you have completely misunderstood the situation, albeit due to some significant
details being left out by myself.

First, there is no question of her refusing to pay, she has written to 3 (I prepared the letter) and
stated that she is more than happy to pay for the services that she has actually received and used,
she has also stated that she will pay for the handset provided under the contract. although we know
that it was fully paid for during the first six months of the contract.

*She is NOT refusing to pay her bill or for the services she has used, I don't know how that
conclusion was reached.*

Dev wrote:
> "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.
>

This was over a year ago, people's circumstances change.

>> 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.
>

I have got nothing to gain by posting untruths. How can I get reliable advice if I do not post the
facts?

>> 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?

As stated above where did the idea come from that she has history of non-payment of bills. All her
past bills have been paid on time. You might like to read the post more thoroughly in future.

>
>> 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.
>

Again, where did this idea come from that she is refusing to pay her bill or ever has done. Are you
one of these people that believe that if you keep repeating a lie over and over again then it will
take on the appearance of the truth and people will believe it?

>
>> 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.
>

See above.

>> 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.

Says who? Please state the sections of the Acts or Parliament, detailed on the Statute Book of this
land that provide for that.

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.
>

That line again!

>> 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.
>

My friend, who is understandably concerned as she has never had to deal with anything like this
before, does not want something for nothing, she is not refusing to pay for what she has used and
she has been a 3 customer for just over a year, so they have made more than enough profit from her.

She just wants to bring the contract to and end and pay for what she has used, no-more, no-less. I
cannot see anything unreasonable in that.

Thank you to those who replied with useful advise.

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