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Termination charges for amending contract - complaint


Termination charges for amending contract - complaint

On June 6 2017 I signed a two-year contract with Three Ireland on the 3 Classic Flex Max Plan with a monthly tariff of 45 euro. I also did this for my partner's phone. When I signed this contract I asked the employee at the Three store in Grafton Street where I signed the contract when I could amend the contract (i.e. go on a different tariff) and was informed I could do this once year into the contract.


As such I contacted three on June 15 of this year expressing an interest in their Government affinity plan and committed to this plan on June 19 of this year. I informed the Three representative that I was a year into my contract and that I wanted to switch to the affinity plan and to do the same for my partner. They informed me I could do so and I asked whether this would incur any fees/ charges etc. I was informed this would not be the case and was transferred to the affinity plan.


However, last Friday I received a bill from three charging me a cancellation fee for both phones of 483 euro. When I raised the issue with Three the representative with whom I signed the affinity plan, they informed me they made clear in our email correspondence that there would be a charge for switching while a phone representative informed me three has 'all the evidence' to prove this was the case. I informed said affinity representative that our email correspondence does not once mention any charges and that if our recorded conversation mentioned the issue would it be possible for me to receive transcripts to that regard so I could review the matter. The response I received from the representative was that the billing matter was not a matter for Three's consumer side not those dealing with affinity plans. She then stated she assumed I was out of contract.


However, when I try to raise the issue with the consumer side they bounce me back to the affinity side. Thus, I am locked in a circle with three and lack any means to resolve this issue. I entered into the affinity plan on the basis I was amending my contract with Three not cancelling it and was not informed any differently and I would imagine these are two different legal constructs. A cursory reading of European unfair contract terms would indicate that these charges fall under one-sided compensation for cancellation but I'm also aware I never severed my ties with Three, I amended my contract. I can't see why this would incur a cost when I'm staying with the network. I'm available to talk about this matter and appreciate any support or guidance on the matter. Furthermore, these charges did not arise until after the cooling off period closed and I further lack a durable ontract with three regarding the affinity plan contract. No matter what way I try and contact Three nobody wants to help with the matter.


I've been a customer with three for seven years and am very happy with the service I've received in this time however this matter does not represent the excellent standards I've come to expect from three. I don't want to end my relationshiop with Three but I can't understand why I should pay 960 euro in addition to my monthly fees to maintain this contract.

3 Community Manager

Re: Termination charges for amending contract - complaint

@Ian I'm really sorry to hear that this has happened and I'll need to investigate this fully. In order to do so I'll have the calls listened to as well. The Affinity plan itself requires a different type of account and when a new account is set up your number is moved from the old account to the new account and this triggers an ETF if the number is still in contract. Do you remember receiving a new SIM with the plan? PM me with your number, address and date of birth so I can check this out for you. 


Re: Termination charges for amending contract - complaint

Hi Rachel,
Has there been any progress on this issue. I sent you a PM yesterday (Thurs 2/8) outlining a potential solution and was wondering if that might be something we could pursue? I know we’re heading into the long weekend but I’ll reach out again Tuesday if I don’t hear anything.
3 Moderator

Re: Termination charges for amending contract - complaint

Good morning Ian 😊 Rachel has replied to your PM there 👍