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Used to have the free 200M data sim but it stopped without notification?

pwalk
Active

For the last couple of years, I've had an active free 200MB monthly data sim.
Recently after the online account and app has been updated, I couldn't see my allowance or refresh date. The SIM continued working fine (data and incoming calls as well).

I chatted to support and the agent appeared a bit clueless and claiming this has stopped. I didn't see how this could have been stopped since it was working fine and I haven't heard anything about it from Three. When I confirmed that I can still use data on it (while roaming as well, as it used to), the agent's reply was basically "that's great".

After coming off the chat, it has suddenly stopped.
Now, I understand that the service might have stopped and it was a free service, but to cut it off just like that, without notification and after chatting to support who didn't appear to know abut it, is strange to say the least. For all purposes, this was a normal working SIM from Three, albeit for data only. I'm sure something's wrong here?

228 REPLIES 228
Monstromart
Active

They must give 30-day notice. It's in their terms. You should report to Ofcom and Trading Standards, and start a case with the Communications Ombudsman after you get a deadlock letter from Three. You won't get your plan back but you should get some compensation.

ChrisAO
Involved

I can only guess judging by these recent replies, that some may not have read the previous posts in this thread.

The Ts&Cs were changed AFTER this 200MB Data Reward was withdrawn, at that time they did not have to give 30 days notice it seems. If you go pack to p10 you'll see the Ts&Cs for the Data Reward Sim as they were then. It clearly says that they can withdraw it at any time.

What we all agree on is the shoddy way in which Three did this, they could have warned people.

The only way you are likely to get any compensation is if you have proof of having lost/used credit as a result of not being aware that the 200MB Data Reward had been removed. So good luck @SparklySilver with any complaints.

As a separate note, you cannot rely on what the bog standard agents say, most of them haven't a clue and will give any answer they think may be appropriate and get rid of you complaining. People had all sorts of different answers from different agents back at the beginning of this issue.

Monstromart
Active

My interpretation is that despite the specific Data reward SIM terms say that they can withdraw the offer any time, the general Pay as you go terms state that they must give 30-day notice of any change. The general Pay as you go terms always had the 30-day notice for changes in the agreement, it is not a recent thing, I could find the 2015 terms and they had the 30-day clause. The Data Reward SIM was a Pay as you go sim and the general pay as you go terms apply. They had to give 30-day notice also to remove the 200MB free allowance.

Also, the Data rewards SIM terms are conflicting because they say that the offer is for life and then that Three can withdraw the offer any time. I reiterate that in this case the the Consumer Rights Act 2015, part 2, section 69 should be applicable. It states: 'If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.'

pwalk
Active

No to defend Three, but their specific Data Reward SIM Terms overrule the general terms:

https://www.three.co.uk/terms-conditions/three-products-and-services/data-reward-sim

See the last point.

Monstromart
Active

Still, the terms are conflicting because they state 'If you are an existing customer who has registered already, you will continue to receive the 200MB every month for life.', but then there is Right of withdraw so the Consumer Rights Act 2015, part 2, section 69 applies.

It is also unclear whether the right to withdraw only refers to new subscriptions or it is also applicable to existing customers (who should have the offer for life).

Another point is about the 3-2-1 tariff that all the Data reward SIMs had. For that change, it is sure Three had to give 30-day notice.

ChrisAO
Involved

Well I'm afraid your interpretation is wrong. That statement about the 200MB continuing for existing customer was back in May 2023 that was BEFORE the 200MB was withdrawn altogether in November The 3-2-1 tariff was part of the Data Reward Sim package and so disappeared when the Data Reward Sim 200MB was withdrawn. You seem to be trying to pick at different Ts&Cs just to suit your dissatisfaction whereas it clearly says "These rates may change in the future". Both parts were one and the same package and it's Ts&Cs are very clear as posted on p10 which you don't seem to have gone back and read - Right to withdraw - Three reserves the right to withdraw or amend the offer of 200MB free data each month at any time.

DwvidIT
Active

I did go back and read the TS and C's, and know that they state a right to withdraw.

It was the crappy way they handled the removal, I took issue with. No communication, complete lack of understanding by call handlers of what had happened, and generally rubbish customer complaint handling

Monstromart
Active

On the same terms they also say that the offer is for life...

ChrisAO
Involved

Exactly that, and the lack of updated information in their call charges pdf back then.

Monstromart
Active

And you do not seem to read the full terms that should apply and see the bigger picture here. In the same Data Rewards terms there is a clear reference to 'for life'. This is in conflict with the right to withdraw the offer mentioned later. In addition to that all data rewards SIM were Pay as you go SIMs and hence subject to the general Pay as you go terms. It is not a matter of my dissatisfaction. It is the UK law that you seem to ignore. All terms here are conflicting and hence the Consumer Rights Act 2015, part 2, section 69 applies. The interpretation that is most favourable to the customer applies. This is contract law and I stand by my interpretation.