# Has anybody gotten out of their three "broadband" contract?



## 0141607 (3 Nov 2008)

Hi guys

I was just wondering if anybody has managed to get out of their three "broadband" contract? To call this broadband is an absolute joke. It is no more than a dial-up connection at best. I rang them last night and they are basically looking for us to pay up the remainder of the contract which is 6 months! My girlfriend is pretty sure she didn't sign any actual contract when we took up their offer. Would this make a difference or does the fact that we are using their service mean we have signed a contract? I have just emailed them to complain to them further. I have had to call them a number of times to complain about the service already and their technical team aren't exactly a bundle of help to be fair! They advertise at "upto 3.6MBs per sec" and I know it all depends on the number of peopl online at anyone time but I am currently downloading a file at present and it is downloading at 2.9KBs per second and we are in Ranelagh!!! I would understand to an extent if we were in the countryside somwhere!! I have read on boards.ie about a case similar to ours where somebody got onto Comreg who got them a full refund even after 8 months into their contract. Surely we could have a case as they are not holding up their end of the contract?

Any help would be appreciated.

Thanks


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## bond-007 (3 Nov 2008)

I have sucessfully got rid of three. 

What you need to do is to call them one last time. Advise them the service is not fit for purpose under the Sale of Goods and Supply of Services Act, 1980 and that you wish to cancel the contract without penalty. They will no doubt refuse. Then cancel the Direct Debit. They will write and call a few times threatening everything from sending the boys round and they will send your details to some nasty debt collectors based in Blackpool. Don't be afraid and they will go away. 

If you want a refund you will need to take them to the small claims court. Three will not defend your claim and you will win. It is a little time consuming but if you really want the money back go ahead and do it.


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## 0141607 (3 Nov 2008)

Thanks for the quick reply.

I am not that interested in a refund to be honest but like you I would like to cancel my contract without penalty. However I am not sure about my details being given to a debt collector!!! I have contacted Comreg as well just now so hope I can get somwehere with this!

Thanks again


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## bond-007 (3 Nov 2008)

Three will not allow you to cancel without penalty. A friend of mine served out the full 12 months and they still would not allow him to cancel. In the end he cancelled the DD and ignored them. There is no talking to the 3 operatives.
I wouldn't worry about three's debt collectors. They can't do anything. They cannot damage you credit rating etc. All noise tbh.

Comreg won't do anything. They will tell you that they don't regulate 3's broadband service and tell you to contact 3 direct.


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## odt (3 Nov 2008)

I have just cancelled my 3 broadband contract. I recently moved house and had no coverage at the new address. There was no penalty for cancellation.


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## 0141607 (3 Nov 2008)

odt said:


> I have just cancelled my 3 broadband contract. I recently moved house and had no coverage at the new address. There was no penalty for cancellation.



Had you been with them for over 12 months?


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## 0141607 (20 Nov 2008)

Just wanted to update on my situation.

Basically I emailed 3 regarding my situation with the heading Formal Comlpaint. The following say I wrote a letter of complaint again with the heading Formal Complaint and finally I rang them to also issue a Formal Complaint. I contacted ComReg who were aware of my situation and advised me how to proceed. In both my email and letter of complaint I said I wanted to cancel my contract without having to pay a penalty fee as the service they provided didn't meet what they said. To my astonishment a week after the phone call I tried to log onto the internet but had no joy so I rang 3 to complain. I was like a raging bull as I was already at my wits end with their service. They told me I couldn't log on as my contract had been cancelled as per my request. I was shocked!!! I didn't think they would actually do it. I advised them that I never formally asked them to cancel my service but if they were willing to cancel without a penalty fee then that was fine but there was no way I was paying a fee. They said there would be no fee and that a bill will issue as to what I owe them. As the monthly bill is €20 that is the maximum they will be getting. I am awaiting the bill from them to confirm no penalty fee but it seems that it's worth complaining to them until you get what you deserve. I will update this again when I'm sure there is no penalty fee. Only problem where are no left with is NTL don't offer their service in Ranelagh despite writing to us and telling us they could and we can't get the service from Smart either so we are left only with Eircom!!!


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## Guest128 (20 Nov 2008)

I have the Vodafone mobile broadband and find it quite good. A million times better than 3 anyway. Maude Flanders has the 3 mobile broadband in Dublin8, absolutely chronic it is. 11pm last Sat night and it wouldnt load google....not as if its a peak time for usage!! She spent an hour on the phone complaining and she says it was like talking to the wall.....will inform her your info!


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## RMCF (22 Nov 2008)

I have recently cancelled my 3 Mobile Broadband contract due to the fact that I also have home broadband.

Although the 3 service is now surplus to requirements, I only found it really worthwhile during the day, when it was very fast.

During peak times around 5pm - 10pm it was very hit and miss. If you got a 'fast period' it would only last for maybe 20min spells. Often you got nothing at all and had to try reconnecting. Also found Saturdays and Sundays all day very hit and miss.


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## Orga (22 Nov 2008)

As a priority you must write a letter of instruction to your bank informing them that the direct debit authority of 3 Hutchison is limited to €20 until whatever the date is and that should the request exceed that amount then the debit should be returned unpaid. You should include that the direct debit is to be cancelled and give the date. You should keep a copy of this correspondence. In the event that they charge you more and the bank pays it you will be reimbursed under the terms of the IPSO agreement and there is a requirement to deal with your complaint(you will have to make one to be reimbursed) within 10 working days.


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## JoeB (4 Mar 2009)

COMREG are useless.

Legislation was passed in 2003... in 2007 COMREG did a report and found that no operator, NO OPERATOR, was in compliance as of July, 2007.. a second report was due out in first quarter, 2008. This has never happened and so now, six years after the legislation has been passed it is very likely that no operator is in full compliance.

COMREG don't seem to care and don't have a timescale for producing their second report which was due out March, 2008 at the latest.

COMREG also state that no-one should have to pay a penalty for cancelling a broadband contract where the broadband doesn't exist... however this is very problematic... basically you have to send multiple emails, simply to cancel a service that was never provided?

So I'd advise everyone to get onto COMREG about this... I am also hoping to set up a website to present the facts of broadband provision in Ireland, and COMREG's refusal to protect the consumer.

Cheers
Joe

PS.  'ComReg 07/49'.. this is the report I am referring to, it is available on COMREG's site. or at least it was.. the information is so damaging  to COMREG and Vodafone etc that the document may be removed from their site.

I intend making a lot of noise about this.. and inform my politicions etc...


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## JoeB (4 Mar 2009)

This is an image from the COMREG report mentioned above... it shows the level of compliance with MANDATORY requirements, passed in 2003, as of July, 2007 (as determined by COMREG). Nothing has happened since apparently, despite the operators being given three months in July, 2007 to ensure compliance. COMREG h ave gone silent on the issue and no longer answer my emails. But I will contact them by phone or I will go in in person, it's a short sighted policy by COMREG to ignore this issue.

(Link is small, 55KB, won't appear in the message as an image for some reason)
[broken link removed]

See 19% at the bottom.. terrible really. And this failure by COMREG directly impacts the consumer.. as can be read above... many operators refuse to allow early exit with no penalty.


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## bond-007 (4 Mar 2009)

The thing is whilst the operators may huff and puff and say they won't allow you to leave without penalty, they are very reluctant to persue people for these penalty charges.


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## JoeB (4 Mar 2009)

Yes, they huff and they puff.. and many people don't persist.. and so the operators bully their way to success. All this while COMREG fiddles on the sidelines, COMREG are themselves obstructive and circumspect with the truth on occasions. 

I have raised this with COMREG.. it is an unfair contract condition... after all, if the operator can't povide the service then they have failed in their contracted obligations.. and so to refuse to allow an early exit for free can't be upheld.. the Consumer Association won't allow it.

My problems with contract compliance is a real one.. if the operators refuse to put in acceptable service levels into their contracts, as they are obliged to since 2003, then the consumer can hardly say the contracted levels haven't been met.. as the contract doesn't mention any service level..  my operator has advised me to use GRPS dial-up.. this is on a broadband service.. ? And COMREG don't care...

Only 30% of operators provided this MANDATORY information in July, 2007. COMREG produced this information but are now ignoring this issue.. it can be inferred from their silence on the issue that they find the situation acceptable. And so they are refusing to do their duty, and so I will be seeking their disbandment, or radical overhaul.

Comreg stated that operators had three months from July, 2007 to ensure compliance... this was to be checked and a new report issued, by March 2008. None of this has happened, many operators, if not all of them are still non-compliant, as of March 2009.. and COMREG sit on their hands and stay silent.


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## Sandals (4 Mar 2009)

Have 3 and find it excellent considering we are in the real countryside.

However I have been trying since last November to get my €50 deposit back. Have been told twice cheque wrote and sent. Last phonecall, i stated I was considering changing from 3 and for the operator to note this. I was told "Its ok madam, this call is being photocopied".........


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## JoeB (4 Mar 2009)

Yes, I understand that.

Im my view, if Three said the cheque was written and sent.. and it wasn't.. then they are lying.. and should be punished by COMREG. It is not acceptable that an organisation like Three can tell massive lies without any form of punishment or sanction. This is fraud is it not?

Instead COMREG would likely make excuses for Three, and try to make you feel like a weirdo for wanting your money back in a timely fashion and without all the lies and false promises. This is based on my experiences with them...

Your best bet is the consumer association, or the small claims court.


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## 46E (4 Mar 2009)

Had a lot of Hassel with 3 network, poor connection after 5 pm. I rang to complain only to be told that they were waiting to put up more antenas.  This went on for a year of the contract so when it was up I cancelled my direct debit. Now with BT and having exelant service. No more 3 for me. By the way God Bless the Irish Open.


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