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  1. #1
    DF PiMP joeninety0's Avatar
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    Default three conned me with a 4g galaxy note 2 thats not 4g compatible

    I bought a galaxy note 2 on contract 18 month ago just after 4g was announced. I asked if the phone was 4g compatible and was told yes . Eventually when phone was delivered I discovered it was a gt-n7100 and on looking a few posts up on internet most people said it was not 4g comp. I rang 3 and was told it was definitely 4g. when Manchester went 4g I could not get 4g so rang again and was told the software hadn't been released for note 2 but would be shortly. Rang up prob every 2 month since, to be told same story. rang today early to report a slow internet prob, asked the same question and was again told it was 4g comp. had a scout on internet again to find its definitely not so rang again, got a manager who now agrees its not 4g. all they could offer me was a months free line rental or 1/2 price upgrade to note 3. (£170 reduced to £ 85 +24 month contract ). I said this was not acceptable since they had mis sold a 4g phone when its not. This was the best they could offer. My question is does anybody know where I stand legally or what my options are? I really don't want to wait 6 months for a new 4g phone but feel I have been conned and want a 4g now without being tied in for another 24 month and also have to pay £85. soz about long post but thought best if full story told. Cheers in anticipation.

  2. #2
    DF PwNagE beerman's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    Why didn't you research the phone before hand, or better still return it and cancel within your 14 period when you realised it wasn't 4g?

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    DF Rookie shawry's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    Tell them as you were mis-sold that you want out of your contract at no cost

    Then either get a new contract with them, or go elsewhere.

    Threaten to go to ofcom if necessary

    Sent from my SM-N9005 using Tapatalk 2

  4. #4
    DF Rookie shawry's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    Quote Originally Posted by beerman View Post
    Why didn't you research the phone before hand, or better still return it and cancel within your 14 period when you realised it wasn't 4g?
    In fairness I think three told people that they were 4g compatible. It didn't really matter then as their roll out plan was a way off.

    Sent from my SM-N9005 using Tapatalk 2

  5. #5
    DF PwNagE liveseytowers's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    I'd ask them for a copy of all the notes they have about you on the system documenting your phone calls with them and tell them you will go to ofcom as you've been mis sold something. Saying that if they offered you the note 3 at a discount then that means they are letting you end your contract early. If they let you upgrade early due to this then that's a bit of a win surely?

    Sent from my HTC One using Tapatalk

  6. #6
    DF Jedi akimba's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    I seen this on "don't get done get Dom" on BBC
    They bought a 4g compatable iPad from littlewoods and when they got it out it only did 3g, shop argued that it is 4g compatible but only in America and there were no 4g Uk compatible ipads, apple said there were but not the norm, Dom got involved and they got a 4g UK compatible iPad everyone happy ;-)

    But yeah as lives says ask for all your data inc recorded phone calls, under the data protection act they have to give it to you (u have to offer postage costs)

    The fact of them having to try and get your phone calls off the system will piss them off enough ;-)

  7. #7
    DF PiMP joeninety0's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    I did research the phone but there was 2 types 1 4g and 1 not I asked if they were sure it was 4g and every conversation said it was till today. ill email them and ask for the phone records cheers. the early upgrade seems the one but ive to pay £85 and take out a new 2 year contract. my phone is like new there are not too many upgrades on note 3 so was going sim only when contract was up I would now need to take out a £35-£40 new 2 yr contract but didn't need to if 4g was working since that's where I use my phone most on internet all you can eat data. all you can eat slowly lol !

  8. #8
    DF PwNagE burner1's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    I might sound or come across as pedantic, but wtf is wrong with paragraphs? All that blocked up writing bores me more than most things on a post.

  9. #9
    DF PiMP joeninety0's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    To be fair I'm not in a great mood and punctuation and grammar wasn't my first thought when writing this. 4g was an important consideration when buying this phone. I mainly only use the phone for the internet! Very few calls and texts. (By the way I spelt grammar wrong first time).
    I have emailed Three and hopefully will get a reply regarding the correspondence.
    They did say I could terminate the contract early but I would have to return the phone with no refund at no early termination cost. Then I'm in same boat no phone and need a new 2 year contract.

  10. #10
    DF Jedi akimba's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    yeah another way to get them to listen to you is when emailing them just copy in [Only registered and activated users can see links. ] that soon gets them on the case ;-)

  11. #11
    DF PiMP joeninety0's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    cheers

  12. #12
    DF PwNagE liveseytowers's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    If you get no where with them try emailing their CEO, the CEO support team will pick it up and they are quite good. I had an issue with a faulty handset which they wouldn't fix due to it being rooted, they sent it back with the screen unplugged making it useless. I had a moan on Twitter and their Twitter account started taking the piss so I took some screen shots and complained to the CEO. It won't have gone anywhere near them but a UK team picked it up and actually listened to my complaint and even seemed to have a little empathy.

    Worth a try for sure.

  13. #13
    DF Super Moderator
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    Quote Originally Posted by joeninety0 View Post
    They did say I could terminate the contract early but I would have to return the phone with no refund
    They also fail to say you would still be liable for costs for canceling the contract you signed even though you returned the phone? Win, win for Three and I guarantee, they will. Legally, they can!
    Ask for that in writing (they won't give it to you). If though, it arrives, pop a copy in the post to Ofcom and ring Three back stating that's what you've done.

    Admitting liability is one thing, cancelling your contract after admitting mis-selling the phone when you're nearing the end of it and asking you to return the phone is a liberty! The phone is 3/4 your property.
    Email them your complaint as you have, CC'ing [Only registered and activated users can see links. ] & [Only registered and activated users can see links. ] (Mr CEO @ Three). I'm sure it'll be an interesting turn of events.

    Keeping the contract as is and replacing the phone for a 4G model IMO is the only resolve in this matter. Demand it. As they have admitted the mistake (should have recorded the phone call) you can void the contract and the phone is yours (you've been paying for it as part of your contract which they are in breach of after mis-selling you an inferior product).

    Thanks to DejaVu

    liveseytowers (24th April 2014) 


  14. #14
    DF General DogsBody
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    Sales of goods act cover you on this.

    The item isn't fit for the purpose you wanted it for. As stated they mis-sold you the item on the grounds that it was 4g compat. Citizens advice best place to start and also log in a complaint to the ombudsman. Keep any information and give it to them when needed.
    [Only registered and activated users can see links. ]

  15. #15
    DF Super Moderator Over Carl's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    If you state you require something as part of the deal and they say that will provide it, they are then obliged to provide it.

    So another way round could be that you tell them they can have the phone back. However seeing as you are 75% through the contact and should be 75% of the way through paying for a 4G handset, tell them they need to then pay out 75% of the offline value of a 4g handset of your choice.

  16. #16
    DF PiMP joeninety0's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    The 75% is basically the same as exchanging my phone for the remaining 1/4 of my contract for a 4g one . I even said I would accept a refurb of a note (either 2 or 3) not bothered as long as it did 4g. Apparently they call the note 2 with 4g the ultrafast note 2. now. Then when I finish my contract I am not tied into a new phone and can continue using my old phone (which is mint) on sim only if I choose, until maybe a note 4 or something else comes along that I fancy.

  17. #17
    DF Rookie shawry's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    Quote Originally Posted by joeninety0 View Post
    The 75% is basically the same as exchanging my phone for the remaining 1/4 of my contract for a 4g one . I even said I would accept a refurb of a note (either 2 or 3) not bothered as long as it did 4g. Apparently they call the note 2 with 4g the ultrafast note 2. now. Then when I finish my contract I am not tied into a new phone and can continue using my old phone (which is mint) on sim only if I choose, until maybe a note 4 or something else comes along that I fancy.
    They should swap your n7000 for the n7005 because you specifically asked for the 4G version of the phone. Either that or cancel your contract with nothing more to pay, and you keep your existing phone.

    Do this in writing, not over the phone though.

    Sent from my SM-N9005 using Tapatalk 2

  18. #18
    DF PiMP joeninety0's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    when you say in writing is email classed as writing these days?

  19. #19
    DF PwNagE beerman's Avatar
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    Quote Originally Posted by joeninety0 View Post
    when you say in writing is email classed as writing these days?
    Send a letter recorded delivery.

  20. #20
    DF Super Moderator
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    Default Re: three conned me with a 4g galaxy note 2 thats not 4g compatible

    You can prove you sent an email, you cannot prove they received it. A 'signed for' letter cannot be disputed so easily.


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