More 3G madness - but this time I'm having em!

[blanchie14c]

Right, a bit long winded but here we go.
Had myself a nice phone and the offer at the time was - 'buy one get one free', cool! one for OH. No problems what-so-ever with the life of the contract. Decided though after 18 months (contract term) that we'd have a change. Okay, check T&C and its 30 days written notice. No problem! Written notice sent recorded (Well I am a CAGGER!)
The final bills came, well over the average but no call / text breakdown that we've been having for the last 18 mths. I wrote and questioned it. Nothing! Wrote again - nothing! Then a DCA (Hello Mr Moorcroft x) letter arrived that stated I owed them 100 odd quids? So yet another letter off to 3G this time a reply! "The amount outstanding is because you have not cancelled your contract with one of the phones." EH? I want a proper breakdown of the last month of my bills, I get this? are they mad!
So enjoyed writing the next letter as this time I enclosed copies of the 2 cancellation letters, copies of the 2 recorded delivery slips and print outs from the post office track and trace site. I thought I'd be getting a letter of apology in return but NO!

"Thank you for your letter, however, being as you didn't cancel your contract, you owe us this money."

Right, I'm not playing anymore.
My next course of action that I'm considering is a letter before action. Now I know a mobile contract isn't a credit agreement but I'm thinking along the lines of:

• I cancelled my contract and can prove it, when the contract ended so did my consent for you to process my data. You have breeched this by passing my details to a DCA.
• I cancelled my contract and can prove it, when the contract ended so did my consent for you to process my data. You have breeched this by continuing to report to my credit file.

So, does anyone think i should ask for damages / costs for the stess / letter writing and being 'bad mouthed' to the credit reference agencies / DCA. If so how do you quantify the level? Even a small amount would help as I'd be able to go though MCOL - then again, 3G are based in Glasgow so Scottish law? :o
Mmmmmmmm I need to move forward with this but a bit unsure at this stage - I know I've got them, but how exactly to enforce?
Its bloody annoying as I was proud of the phones when I walked out of that shop as it was the first credit I'd been granted in years, I'd cleaned myself up and got the phones - now look at the mess!
The easiest solution is to pay up now before they default me but why should I? It isn't in the CAG spirit to roll over to these incompetent bullies.

Look forward to suggestions, thankyou all.

[snu]

The company is 3, not 3G. 3G is a mobile phone technology which all the networks have

I don't think you can claim that they have breached the Data Protection Act, you can't withdraw consent just like that - they have to keep some personal data about you after your contract has ended for various purposes.

[buzby]

Only the call centre is in Glasgow - the Registered Office is in England, so where you live (as this is a consumer issue) will determine the jurisdiction. As for damages/stress - no you'll not have a hope, as incompetence is allowed by the courts as a legitimate excuse. However, you can certainly ask 3UK for reasonable compensation for your time and effort in resolving the matter informally.

[blanchie14c]

Thanks buzby, do you know of the England HQ, maybe a full and detailed complaint to them might resolve things?
I find it incredible that I cancel the contract in line with the T&C, but even after the expiry date of the contract they are still allowed to process data? surly this can't be correct, thats what the Data Protection Act is for - to protect us from such like?

[blanchie14c]

Originally Posted by snu

The company is 3, not 3G. 3G is a mobile phone technology which all the networks have

I don't think you can claim that they have breached the Data Protection Act, you can't withdraw consent just like that - they have to keep some personal data about you after your contract has ended for various purposes.

I can with draw my consent- the consent is contained within the contract, by cancelling the contract cancels the permission. Or is that credit agreements....

[snu]

You expect them to suddenly remove all records of any dealings you ever had with them? That's ridiculously unreasonable. They're required to keep records for many years for tax purposes, for example. It'd be like requiring you to burn all your bills as soon as your contract is up.

[buzby]

Glasgow is where all the work is done (if you exclude the hired hands in Bombay). Their Home Counties presence is being run down, so Scotland is your best bet (123 St Vincent Street, G2). You're not cancelling the contract, you are ending it, and whilst the information does not 'disappear' they are allowed to retain it. Once your contract ceases, their right to process the data further ends - so they'll not be updating a CRA a new data, but that's really all the Data Protection Act provides, not much else.

[blanchie14c]

Yes I understand that the records have to be kept for audit purposes etc, but when the contract has ended they shouldn't be processing the data they have on file should they? Thats what they are doing however. If contract ends on day - X, which was 30 days after I supplied them with written notice. (The phones were never used again after this date either) They sent the final bill, and I dispute it. Not only do they fail to explain the high level of the bill when requested (in writing) They claim that I never cancelled in the first place, pass my details to a DCA who are now sending threatening letters, and they have been reporting to my credit file as being late in paying!
Now if I had not cancelled, as they claim, they'd be perfectly correct in their actions. However, I did cancel, they got the letter, I proved this at a later date yet they still say I never cancelled!
How on earth am I supposed to get through to these idiots?

Also, the company is called Hutchinson 3G, and yes the data packet technology used in modern moblies is also called 3G, but thanks for pointing that out, other readers may not have been aware.

[buzby]

Originally Posted by blanchie14c

Yes I understand that the records have to be kept for audit purposes etc, but when the contract has ended they shouldn't be processing the data they have on file should they?

You seem to think that 'processing' means something different than the rest of us. If you end your contract and matters will be concluded, the processing will stop as you suggest. However, they clearly have no knowledge of your request (whether they agree to it is a different issue) and they will not cease administering your data until the contract has been concluded with any and all debts paid. As they believe there is money outstanding then they are perfectly entitled to pursue you until you pay up, and pass your details to third parties to effect full recovery.

Moving on to the name and technology, you're still wrong on these points. They are not 'Hutchinson 3G', and since every other UK network HAS 3G, referring to them as '3G' is hardly helpful. Next 'data packet technology used in modern mobiles is 3G' ? What? I have several modern mobile phones that use GPRS (the packet transmission system you refer to), and none operate on 3G. Third Generation mobile is a descriptor for phones working on the UMTS band (when cellular started it was at 900MHz, Orange and One2One arrived using digital 1800Mhz, and Vodafone and Cellnet upgraded to digital at 900Mhz - the digital services were all 2nd Generation (2G) and called GSM. The arrival of GPRS packet data heralded 2.5G, and the launch of the UKs first public UMTS 3G service took place on 3rd March 2003 (03/03/03))!