Default Removal - Andrew1 v Hutchinson

[andrew1]

I HAVE JUST COPIED THIS TO THE DEFAULT HELL THREAD ....>>


My son has just applied for a first time buyer mortgage, credit history as clean as a whistle except for a default logged by Hutchinson in 2005 and he has been refused the mortgage by Nationwide and HSBC because of it.

The phone just didn't operate properly, was always disconnecting and it was the early days of Htchinsons 3g market. The phone drove him mad, he constantly complained and in the end just went to O2 and got himself a new contract. There was a bill for £460 at the end which he refused to pay. ( I'm not too sure how much of that was charges and how much calls, but were trying to get statements.)
He has since cleared the debt so it is showing as satisfied on the credit file.

However, when my son contacted Hutchinson they searched their system and said there is only one registered complaint on the system so the default stays. He phoned and complained to them twenty or thirty times to my knowledge about it, so what's happened to all the other complaints?

How can he get this default removed so that his mortgage goes through. Its crazy he's 30 yrs old never had financial difficulties 7 yrs full time employment and he's just put the offer in on a house - he really needs to do something very fast.

I told him to throw the sales of goods and services Act at them and threaten to sue them for the additional interest rate he'll have to pay as the high street lenders seem to be turning him down it's madness

[andrew1]

Transfered from Default Hell Thread as per Tinkerbelle's request...

HUTCHINSON cont.. from Post 62 above...

I sent to Hutchinson a Statutory Notice to S 10 & 12 regarding this default registered on a ceased and paid contract. I e mailed the Data Controller and asked them if Hutchinson were controlled by the Consumer Credit Act ( I could therefore submit a CCA request for £1 and wait 12 days) or were they not and I could submit a Data Protection Act request..
Can anyone then tell me how we stand on " copies of the original agreement" issue and where we might stand on this default issue as my son has now got his first time buyer mortgage approved by HSBC having shown them the Stat Notice but having been refused by Nationwide because of this sole default by Hutchinson. He could not get the beneficial rate of interest from Nationwide and it will cost him a further £1150 over 3 years in higher interest charges as a direct result of the default notice.

anyway this is what Hutchinson Data Controller said and I need to reply:

" With regards your query concerning a copy of your contract. I am not aware of where you bought your phone from, but 3's retailers (3store and 3rd party channel retailers) use an electronic registration process in order to register customers, which creates a "virtual" paperless contract. As such, the contract is made online (in the store or over the phone) by the customer giving all of their details to the store assistance or operator (if concluded on the telephone), selecting their handset/tariff etc and this is all input onto the electronic system. One of the final screens within the in-store registration process asks the customer to click "I accept" to state that all the details they have given are correct and also that they agree to abide by 3's terms and conditions. If a contract is concluded over the phone then the operator will talk through this process and explain the terms to the customer, and ask for the customer's consent, before concluding the sale. At that point the contract between 3 and the customer for the provision of 3's services is made. This is all done online in paperless format and the customer does not physically sign anything as, by clicking "I accept" or confirming acceptance over the phone, they have agreed to enter into a contract with 3. Nothing is printed off in store and therefore there is no "printed" copy of a contract for a customer to gain a copy of.

A copy of 3's terms and conditions, which form the basis of the agreement between 3 and its customers, is provided in the customer's handset box, or alternatively copies can be obtained on request or online at www.three.co.uk.

Our agreements with our pay monthly customers (being running account debtor-creditor-supplier agreements) are not regulated consumer or credit hire agreements under the Consumer Credit Act/Consumer Credit (Exempt Agreements) Order 1989 (Article 3).

I note your statement concerning a default being recorded on your credit file. If could provide me with details of your complaint I will raise the matter with our credit risk management team in Glasgow.

Yours sincerely,


Patrick Walshe
Data Protection & Privacy Officer
Hutchison 3G UK Limited
Legal Department
Star House
20 Grenfell Road
Maidenhead
Berks SL6 1EH

[wifey1962]

Is it right that defaults stay on file for 6 yrs? would love to know thanx in advance

[andrew1]

Yes that is correct. But read the Default Hell thread life might be different after you read that.

[martin2006]

yep.. read the thread as andrew says.... there is NO law which allows CRAs to hold default information ater the account has been closed

[andrew1]

I haven't done much with this Hutchinson Default, but I wonder does anyone know how we get this sorted?

Hutchinson supplied a phone that effectively only allowed downloads the phone was otherwise not fit for purpose-it didn't work it was one of those 3G thingys that were being tested out.. A bill with charges accrued even though my son got himself an 02 phone but he was unaware as he'd complained endlessly about it. Hutchinson say there are no notes on their system about complaints, but I know he complained endlessly. Anyway, the default sits on his credit file, we have sent a s.10 notice and still they leave this on his file. He has never had credit problems in his life and is already having to pay over the odds for credit on his 1st time buyer mortgage. He just had the opportunity to buy a car from a friend and phoned up his bank for a loan. his girlfriend could get the loan at 6.something % - if he does it on the same account 19.9% just because of a single default and even though he has paid Hutchinson everything that was required. Anyone know how we can get this removed? Quickly at that?

[andrew1]

Bump anyone?