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Old 10th August 2006, 15:58   #1 (permalink)
Sophie-Jane
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Default Hutchinson 3G - Mobile

Hi everyone

Well this is getting stupid

This is the schedule of Correspondence

21/07/2006 Consumer Credit Act Request
24/07/2006 Account in dispute over charges applied
18/07/2006 Taking control From Payplan
28/07/2006 Financial arrangement - contact them to arrange payments
02/08/2006 In reply to letter 28 July - Account in Dispute - Over charges being applied
04/08/2006 Harassment Fax sent to 2 places

30/06/2006 Logic Group - Pay up or else
06/07/2006 Consumer Credit Act request

No in both instances, Neither have supplied the consumer act request

Hutchinson 3 G havd e Kept my payment of £1 and informed me to contact the Dealer for the Signed agreement

Logic same - taken the £1, but supplied not a thing

Hutchinson 3G are telling me Now (letter dated 7th Aug 2006, that the debt has been passed onto a DCA - Logic
and to contact them for all future payments

I would like some constructive help on this

If Logic are now dealing, DO I need to send payment, as Logic has not provided the Copy of the True signed agrrement
Nor has Hutchingson 3G - who tell me to conatct the Dealer ????

Can I persume that now Neither Hutchinson 3G or Logic can provide the Copy of the True Signed agreement, that Neither can take this any further

If that is the case, then I would consider sending the following letter off to Logic DCA

________________

Dear Sir/Madam,

In reference to my letter dated (DATE), You are now Committed an offence and are now going to be reported to Trading Standards forthwith, and also this alleged debt is Unenforceable, since you have failed to provide the information requested in the letter dated (DATE).


My details should never have been passed to you in the first instance and this letter serves as a formal warning to desist immediately from any form of contact with me or I shall begin court proceedings against you for harassment and Unlawful collection of such alleged Debt.

Whereas
I have been a customer of Hutchinson 3G and whereas I consented in my contract with them to the disclosure by them of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by them of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

Yours faithfully

_____________

What you think
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Sophie-Jane

Yes I'm a Trucker Girl - explains why early posts

Thank you

Please Note
Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

Last edited by Sophie-Jane; 10th August 2006 at 16:07.
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Old 10th August 2006, 16:35   #2 (permalink)
Sophie-Jane
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Default Re: Hutchinson 3G - Mobile

I think in reply to their letter dated 7th August, that I will also send the following by fax
____________

DISPUTED ACCOUNT
Further Information Required
Dear Sir / Madam

Re your letter dated 7th August 2006.

Since you are willing to keep up with correspondence with is incorrect, and unlawful

You ARE now going to be Reported directly to Trading Standards forthwith, in response to failure to provide a True Signed copy of the Original Agreement, as per Consumer Credit Act 1974

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

You are also being Reported to the Information commissioner in relation to passing my details on to Logic, with NO prior consent or agreement

Note, As per the Data Protection Act, I do NOT give permission NOW, In the Past or In the future for Hutchinson 3G to pass on my details in any way or format what so ever, If a breach is made by Hutchinson 3G I intend now to take further action against Hutchinson 3G with NO Further Notice.

Yours Sincerely
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Old 10th August 2006, 21:14   #3 (permalink)
sequenci
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Default Re: Hutchinson 3G - Mobile

is your mobile account actually regulated by the CCA?
__________________
Please note that I cannot give advice via PM, however feel free to contact me in order to draw my attention to a thread and I'll do my best to assist you there!

I'm not a practising lawyer although I do have formal legal training in many debt related areas, if in doubt always seek further advice from a qualified professional.

How to get out of debt: http://www.consumeractiongroup.co.uk...-out-debt.html
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Old 11th August 2006, 16:54   #4 (permalink)
Alison82
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Default Re: Hutchinson 3G - Mobile

Read around on this forum regarding mobile phone contracts, I have 2 threads on this.

Try a Subject Access Request 's request
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