Cancelled 3 mobile contract now have a default on my credit record

[Topchick_dav]

In Feb 08 I was called by three to see if I wanted to renew my contract. At the time I said yes and they sent me a new mobile. I did not like this mobile so called them for and exchange under the 14 days guarentee. I was told ok no problem and they put the order through.

 

10 mins later I get a call from 3 telling me i would not be able to return this if i didnt like it so i said cancel the order and my contract under the 14 days and il go to the shop to look at phones before buying. She told me thats no problem and said to refuse delivery of the phone and return the one i had. I did this and got proof. I canceled the DD.

 

Next month I get a call from 3 telling me it hadnt been paid and I said I was told it would be cancelled as requested via phone, email and letter.

 

They said they wont cancel it because I had opened the 1st phone box and had used my Sim. Which I dont remember saying.

 

Finaly it was agreed the contract would be cancelled. I heard nothing from them for 3 months untill I got a letter from their debt collector. I complained but got nowhere so paid the balance of about £57. I called 3 who said they would send a final bill of £42 which I paid and they sent me a bill stating £0 balance and we closed account but the balance is overdue. I called them and was told that it was clear and closed.

 

Now I have a default on my credit record. Can I appeal?

[postggj]

hi topchick and welcome

 

when was the default put on your credit record

is it under 3g or a debt collection agency

 

i had this with orange by the way

[Topchick_dav]

hi topchick and welcome

 

when was the default put on your credit record

is it under 3g or a debt collection agency

 

i had this with orange by the way

 

Its under HUTCHISON 3G UK LTD

 

Special Instruction Start Date: 01/01/2009 (what ever this means)

Defaulted On: 19/08/2008

[postggj]

do you still have all the documents ref to cancel the contract

if you do, you will prob get the default removed but please confirm docs

[Topchick_dav]

I have a letter I sent them about my complaint and to cancel my contract, proof of return of mobiles, a letter from the debt collector saying I had cleared balance with them and a bill from 3 stating I had £0 balance and account has been closed but the balance is still overdue. When calling about this I was told it was now clear. I also have a ref No. for the debt collectors who took the payment and a bank statement showing the payment has been made

Edited March 7, 2009 by Topchick_dav

[buzby]

I'm confused - what has/had Orange got to do with a Hitchison 3 contract?

[postggj]

i cancelled an orange contract and got a default,

default removed.

in my opinion, departments in mobile companies dont talk to each other and the computer just takes over

 

just my own opinion

[Topchick_dav]

I'm confused - what has/had Orange got to do with a Hitchison 3 contract?

 

 

It seems that this happens alot with mobile contracts on all networks

[Topchick_dav]

i cancelled an orange contract and got a default,

default removed.

in my opinion, departments in mobile companies dont talk to each other and the computer just takes over

 

just my own opinion

 

 

Did Orange remove the default or some one else? 3 have said they cant do it as the payment was taken by the debt collector

[postggj]

crap

the default is still in the name of hutchinson 3g

it does not matter if sold or not

be diplomatic on correspondents with this one with 3g

explain every thing and request the default in there name be removed.

orange removed my default but still had the dca chase me for 10 years,

but your bill has been paid

 

address the correspondents to the credit control dept at 3g uk office

[locutus]

Making a complaint:

 

We take any complaint you might make seriously and aim to respond to within five working days. If you have a concern, please contact Customer Services on 0870 7330 333 (calls charged at your national rate) or call 333 from your handset (free) and we’ll do our very best to resolve the matter to your satisfaction.

 

 

Taking a complaint further:

 

In the unlikely event that we don't fully resolve your complaint or haven't responded to you in 12 weeks, you have every right to contact Otelo for help and advice. Otelo is the telecommunications ombudsman– that is to say, it's an independent body that's been approved by Ofcom to resolve disputes between customers and providers.

Otelo may refer the compliant back to us if we haven't been given sufficient opportunity to resolve the matter or the complaint falls outside of the body’s remit. If Otelo accepts a case for investigation, like all providers we agree to be bound by the decision it makes.

You can write, send an email or call Otelo.

 

 

Otelo

PO Box 730

WARRINGTON

WA4 6WU

 

Email: [email protected]

Tel: 0845 050 1614

 

That is the three code of practice. Something else that you can do is request a "deadlock" letter if you want to bypass the 12 week wait to pass this to Otelo.

 

Another useful address I've found is:-

 

DPA Officer Hutchinson 3G UK Ltd

Star House

20 Grenfell Road

Maidenhead

SL6 1EH

 

As passing your information to a 3rd party (such as a CRA) is not clever after your contract is ended, I'd be reminding them of their duty!

[buzby]

The issue of defaults is one to be addressed only by the firm that placed it. To successfully challenge this adverse data (which, to be honest, you've already given your permission for them to do so) the default must be accurate. That is to say, you were late or refused to pay an amount due under the contract.

 

If 3UK incorrectly showed you were in default of your contract, you are in a good position to have it removed, but not otherwise. You'll also find these 'defeats' are automatically placed on your account by their accounting system, which then passes it on to their nominated credit reference agency. No human intervention is required.

 

To the issue at hand - there is NO approval period on upgraded contracts. Their stating that the phone or SIM had been activated was never relevant, only the fact that you actually recieved it. Unless you can actually prove that (preferably in writing) they actually agrred to cancel the contract, it remains in force.

 

I would find it hard to understand on the details provided why they would in fact cancel, as the reasons for doing so are not any of the accepted reasons for cancellation, so a formal complaint my lead to a rejection and a further call for payment.

Edited March 9, 2009 by buzby

[Topchick_dav]

Iv contacted Otelo about this already as 3 told me they had canceled the contract and then went back on it. I agreed to pay what they asked even though I was in my full rights to refuse to pay it as the contract should have been canceled as agreed. I paid it as I didnt want a bad credit record but its seems it hasnt made a difference.

 

I will be writing to Experian to ask they remove it and why. I will also write to 3. I have already called 3 and requested they remove it but said they cant do it. Maybe I should call again?

[locutus]

Keeping a hard copy (writing) is always advisable.

[buzby]

Ah - now I see.

 

So, they claimed you owed them, you disagreed and paid it anyway. However, the default placed on your file remains? The ONLY thing that changes afrer the amount is paid, that is changes from sowing as due, as 'satisfied' (settled).

 

It is not possible to have defaults removed simply because they have been paid, as the CRAs lie to show them and justfy their retention as an indication as to how the data subject handles ther affairs.

 

This effectively mens, that even if you pay your debts (eventually) they still get to tarnish your reputation for 6 years. A shame the Human Rights Regulations don't take an interest.

[Topchick_dav]

Ah - now I see.

 

So, they claimed you owed them, you disagreed and paid it anyway. However, the default placed on your file remains? The ONLY thing that changes afrer the amount is paid, that is changes from sowing as due, as 'satisfied' (settled).

 

It is not possible to have defaults removed simply because they have been paid, as the CRAs lie to show them and justfy their retention as an indication as to how the data subject handles ther affairs.

 

This effectively mens, that even if you pay your debts (eventually) they still get to tarnish your reputation for 6 years. A shame the Human Rights Regulations don't take an interest.

 

 

Really? What a pain. They should have canceled the contract and told me it had been canceled. I take it this will make no difference? The report states default. can this not be changed to satisfactory?

[postggj]

marking a default as satisfied is just as bad,

most credit applications these days are credit scored by computer

 

just send in a letter to credit control at 3g

explain the issue and request they remove the default as no money is owed

 

thats all it might take and whats a letter

[Topchick_dav]

marking a default as satisfied is just as bad,

most credit applications these days are credit scored by computer

 

just send in a letter to credit control at 3g

explain the issue and request they remove the default as no money is owed

 

thats all it might take and whats a letter

 

 

I will defo still write a letter and i will still send the letter to Experian. At least if they cant take it off I can put the details of what happened on there for lenders to see in my words.

 

I just hope our Mortgage advisor comes up trumps and manages to get us a mortgage at a good rate with out this being a problem

 

Makes me wish i had just stayed with 3 now and we wouldnt be having this problem

[postggj]

send the letter or email direct to 3g

not experian

 

3g can remove the default in 48 hours direct

[Topchick_dav]

I emailed them but they just called and said they would say its paid but it cant be removed

 

the record shows Default Balance: £42 Current Balance: Satisfied

 

 

Will they change this?

Edited March 9, 2009 by Topchick_dav

[postggj]

may i ask, what reason do they state they cant remove it

was it a uk or indin call centre who contacted you

[tadg]

Topchick_day,

 

There is no point in writing to Experian asking them to remove any default - they wont do it. You can write to them and ask to put a notice of dispute on your file. BUT H3G can ask the CRA to remove the default and which the CRA must do if the data were recorded incorrectly.

 

However, it seems to me that if 3UK did agree to cancel the upgraded contract, then you would have a claim that 3 has failed to accurately process your information pursuant to their obligations under the Data Protection Act 1998. 3 would have recorded details of any interactions between the company and you in account notes on their CRM systems. No point in asking for copies of voice calls as they only keep them for a short period.

 

I would suggest you email the [email protected] (and cc the [email protected]) and explain clearly the facts around the upgrade call from 3, your subsequent receipt and rejection of the offer, 3's agreement to cancel the contract, the incorrect accrual of debt and 3's attempt to collect this, your payment of the £42 as a way of clearing matters up, the subsequent incorrect recording of a default. Provide the dates of contact, method (email/phone), who you spoke to (if you have their details). Provide copies of letters/emails.

 

Explain that you believe 3 has inaccurately processed your information under the Data Protection Act 1998 including the recording of a default. Ask the DPO to investigate and to remove all information relating to the default.

Ask them to supply you with a copy of all account notes held about this matter, together with copies of internal emails of which you/your account is the subject. Also ask for copies of the files sent between H3G and the credit reference agencies and which report your account data. Advise that you would not expect H3G to charge you the £10 Subject Access Fee given the circumstances but that you are willing to do so if necessary.

 

No point in referring matters to OTELO (yet) as you need to give H3G 12 weeks to resolve your complaint (or reach deadlock). In any event, your complaint would be better made to the Information Commissioners Office (see Information Commissioner's Office - ICO)

 

 

 

Hope this helps.

[buzby]

Really? What a pain. They should have canceled the contract and told me it had been canceled. I take it this will make no difference? The report states default. can this not be changed to satisfactory?

 

Noo - the default wll remain, just that is qualified with 'satisfied' (the DEBT is satisified or in english, 'paid').

[tadg]

Hi Buzby,

 

Perhaps I should clarify where I am coming from. IF a default has been reported to a CRA in error (such as through inaccurate recording of a customers data/account matters), then a CRA will remove the default at the request of the company that made the error - in this case H3G if Topchick_day is correct about the facts.

[Topchick_dav]

may i ask, what reason do they state they cant remove it

was it a uk or indin call centre who contacted you

 

Im not sure. the lady wasnt english but spoke it very clearly. She never gave me a reason really. It seems its been put on my record as a default because the payment had to be collected via a debt collector. However if three had sent me a bill or contacted me before this, I would have paid it then