Not upheld: payment system failure and arrears liability complaint against Hutchison 3G UK Limited (trading as Three)

Decision detail

Summary

Mr T complained about difficulties making a device plan payment to Three when the live chat system disconnected multiple times on 28 November 2025. Three upheld the complaint and paid £25 compensation but maintained that Mr T remained liable for the missed payment and resulting arrears of £44.72 (later £69.58). Mr T requested the arrears be waived, arguing Three's system was at fault. The ombudsman found that while Three accepted responsibility for the technical issue, this did not eliminate Mr T's contractual payment obligations, and Three had provided appropriate guidance to contact the Payment Support Team to discuss affordability. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman found that although Three accepted responsibility for the technical issue with the chat disconnection and paid appropriate compensation, this did not negate Mr T's contractual obligation to make payments under the device agreement. The ombudsman noted that the agent made reasonable attempts to assist Mr T and that Three provided clear guidance in the final response about contacting the Payment Support Team to discuss the arrears. The ombudsman found that Mr T had not followed up on Three's offer to discuss payment arrangements despite being directed to do so. The ombudsman concluded that liability for payment cannot be transferred to the firm simply because of a system failure, and that Mr T had alternative payment methods available such as bank transfer.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website