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Disabeld woman wins battle with phone giants

Chris Jones
13/ 3/2008

A DISABLED woman has won her battle with mobile phone giant 3 after she claimed they were taking money from her bank account to pay for a phone she didn’t own.

Frustrated Kelly Dicken, who suffers from severe arthritis, was involved in an eight-month wrangle with 3 – the UK’s fifth largest mobile phone network – after she says the firm’s third party retailer mis-sold her a £20 a month mobile phone contract.

Problems began for Mrs Dicken when 3’s third party retailer, GM, contacted her last June offering what she thought was an upgraded handset for her existing 3 contract.

Eager to have the latest phone, she agreed and had it dispatched to her Copeland Close home immediately.

But she quickly realised she had been sold a new phone on a 18-month £20 contract – and sent it back, without ever using the phone.

However, she says 3 used the existing bank details they had for her on their system to set up a direct debit agreement for the new contract –despite Mrs Dicken sending the phone back to 3.

Since Mrs Dicken’s daughter, Jayne, contacted the Middleton Guardian, 3 have agreed to cancel the contract and reimburse her for the money they took out of her account.

She said: "My mother received a phone call offering her upgrade and she thought it meant an upgrade on her existing contract, not a new contract.

"She already had two phone contracts with them so didn’t want another one, but she didn’t realise until it arrived she had been sold a new contract.

"She sent it back within the 14 days, but because it didn’t have the specific address on, it got lost so 3 say they didn't receive it within 14 days even though she did and never even used the phone.

"They then set up direct debits to pay the 18 month contract even though my mother didn’t want the phone and sent it back within the time."

"My mother used to be a youth worker for Rochdale Council and has always helped people, we just want warn people to be careful of third-parties selling things over the phone."

A 3 Spokesperson confirmed they have now cancelled the contract mistakenly taken out by Mrs Dicken.

They said: "This customer’s contract was taken out through third party retailer GM Group.

"3 understand this was done by mistake but due to GM Group’s cancellation policy the customer was refused cancellation.

"Upon reviewing the account 3 have decided to cancel the customer’s contract without penalty."