Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4560 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello – I had a contract with the notorious 3G some time ago – they have defaulted me for £400 (ish)

I vaguely remember them to have the worst service both technically and customer service related that I have ever encountered – I had some issues with things such as getting charged for free calls, no signal for days on end when their system was down and finally they offered me cash back which I never saw – in short I stopped making payments and carried on using the phone – it took them 5 months before they cut me off!

I had a few DCA after this (possibly 5) and every time I send the CCA request to them (+£1) they respond by returning my £1 and saying it has been passed back to Hutchison 3G and they will be in touch soon – they never have…if anything I get another DCA!

As I never received a default letter, and as far as I’m concerned they were not providing the service they promised so I don’t owe them anything, I have sent them a CCA request for the default notice to be supplied or failing that removed from my file – I’ll keep you posted on progress

I know many people are complaining about 3G here but has anyone got a success story or indeed had any positive response from them?

*Moderators…do you think we could have a mobile phone providers sub-section as I can see many phone related issues arising (albeit not many positive results – I think it will make it easier for people to look for queries specific to their network / scenario)*

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites
  • Replies 53
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi

 

I'm having problems with these idiots too

 

Here is my Final letter to Hutchinson 3G

_____________

 

Consumer Credit Act 1974

And other offences

Dear Sir / Madam

As you are aware by my letter dated 21st July 2006, I have paid for a service from you, The Consumer Credit Act 1974, Where I have requested information about this account and enclosed a £1 Postal order to gain this information.

As I have gathered from my latest statement from you, dated 17th August 2006, you have taken that £1 as payment towards this account, and again charged me for this Postal order payment a sum of £3.

In the letter that I sent, I was clear enough that the £1 postal order was for the Consumer Credit act Request, and NOT for other use.

You have failed to provide the information that I have requested, and until such time, this account is in dispute, and unenforceable.

If NO positive reply is received from you, in 14 days (LETTER COMMUNICATION ONLY), I will let a judge decide on the best interest and also inform the Judge of the following

1. Harassment

2. Unable to abide by the Consumer Credit Act 1974

3. Data Protection Act Breaches

4. And of ALL other unlawful activity by your company.

I am sure a Judge would love to see how Hutchinson 3G will not communicate by letter on any issue/s and that nothing ever seems to be written down by Hutchinson 3G.

I will inform the Judge of all my correspondence in this matter, and also will be bringing a claim against Hutchinson 3G for Non communication via requested Media (POSTAL / LETTERS), and I will charge Hutchinson 3G a administration charge of £250 and all my costs involved in bringing this case to court

Look forward to hear back from You BY POSTAL / Letter ONLY

___________________

 

Still waiting, had several phone calls, and only one provided me with her full name, others first name, no surnames

 

These details are all building up a case against Hutchinson 3G

 

I too would love to know others experiances with Hutchinson 3G

And if anyone else has any suggestions

  • Haha 1

Regards

Sophie

 

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

Link to post
Share on other sites

Hi, I've had the same and I am at the stage where I really need to reply to the Data Controllers e mail. Not many on the forum with responses to this one though so have been concentrating on other things like bank charges ! Here's my thread and how far we have got:http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/23308-default-removal-andrew1-hutchinson.html

Link to post
Share on other sites

thanks for your input - i'm sure once one person cracks them many will follow suit - i find it so disheartening when they dont even respond - i spend the last 5 years running away from all finacial letters and not opening them - now i have gained all this knowledge and am putting it to work i find myself waiting at the letter box for my mail and ironically nothing - my post man has never had it so easy!

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

I'm currently with 3, on Pay As You Go.

I've had no problems with them at all, the phone was cheap, credit lats longer.

Good all round for me to be honest...:p

Before you take any legal action, please read through the

FAQ's, then if you dont understand something, please ask for advice ;) .

 

If theres a thread in which you think I could help, please PM me using the Private Messaging facility in the top right hand corner of the screen.

 

Advice & opinions of tom3131, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you ha

Link to post
Share on other sites
I'm currently with 3, on Pay As You Go.

I've had no problems with them at all, the phone was cheap, credit lats longer.

Good all round for me to be honest...:p

 

 

You' re not supposed to be coming on here saying nice things. This forum is for miserable ole gits like me to moan about everything ! :D

Link to post
Share on other sites
  • 2 weeks later...

Here is an update on my progress - or lack of it

 

Letter dated 7th September 2006

___________

 

Dear Mrs Sophie-Jane

 

Re Account XXXXXXXXXXXX

 

I am writing with reference to your recent communication, in which you highlighted your concerns regarding the debt collections activity which is taking place on yor 3 account.

 

In responce, I would confirm that the current outstanding balance of your account is £218.53, and that we require the amount to be settled in full as previously communicated, Please be advised that we will continue to seek to collect the debt until such time that it is settled by you.

 

With regards your allegation that 3 is in breach of the Consumer Credit Act 1974, our agreements are not covered by the Consumer Credit Act 1974 as they are considered as "exempt agreements" under the Consumer Credit (Exempt Agreements) Order 1980.

 

I note your request for a copy of your contractual agreement, 3's retailers (3Store and 3rd party channel retailers) use an electronic registration process in ordr to register customers, which creates a "virtual" paperless contract, As such, the contract is made online (in store or over the phone) by the customer, giving all of their details to the store assistant or operator (if concluded on the telephone), by selecting their handset/Price Plan 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 been 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 customers 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 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 contract with 3.

 

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.

 

By using our services and electing not to take advantage of 3's 14 Day Money Back Guarantee, you fully agree to the contract and to the Terms and Conditions thereof.

 

With regaurd to your statement that you feel 3 have breached the Data Protection Act 1998 (the 'Act'), I have consulted with 3's Data Protection & Privacy Officer and he is of view that we are not in breach of the Act in using a 3rd party debt collection agent (DCA), We have noted your request not to use a 3rd party DCA in future, but are unable to comply with your request, Should you wish to take up this matter further please write to the: Data Protection & Pricacy Offere, Hutchingson 3G UK Limited, Star House, 20 Grenfell Road, Maidenhead, Berks SL6 1EH, Email [email protected] . Our DPO has noted your intention to refer to the information Commissioner Office and will co-operate fullt with any enquiries received.

 

Please be advised that representatives from "Logic" will call Payplan to discuss your 3 account during the hors which are in line with debt collection legislation, We do not consider our legitimate activities to be in breach of the Administration of Justice Act 1970 or the Protection from Harassment Act 1997, Any request for communication to be writing only should be made to Logic directly.

 

You quoted the Wireless Telegraphy Act 1998 and stated that 3 are in breach of this act, The Wireless Telegraphy Act does not apply to mobile phone contracts and therefore we believe not applicable.

 

Thank you for your patience while your concerns were being addressed and I trust that this clarifies matters for you, Should you wish to dicuss this matter further, please call Logic on 01506 473800

 

Yours Sincerely

 

Sharon F Logue

3, Executive Office

 

_________________

 

God my fingers are tired now

Regards

Sophie

 

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

Link to post
Share on other sites

Now my points of view

 

In responce, I would confirm that the current outstanding balance of your account is £218.53, and that we require the amount to be settled in full as previously communicated, Please be advised that we will continue to seek to collect the debt until such time that it is settled by you.

 

Fair enough, Not trying to get out of paying - but want fair & Legal dealings only

 

With regards your allegation that 3 is in breach of the Consumer Credit Act 1974, our agreements are not covered by the Consumer Credit Act 1974 as they are considered as "exempt agreements" under the Consumer Credit (Exempt Agreements) Order 1980.

 

IS This True ???

If so Why

 

 

I note your request for a copy of your contractual agreement, 3's retailers (3Store and 3rd party channel retailers) use an electronic registration process in ordr to register customers, which creates a "virtual" paperless contract, As such, the contract is made online (in store or over the phone) by the customer, giving all of their details to the store assistant or operator (if concluded on the telephone), by selecting their handset/Price Plan 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 been 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 customers 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 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 contract with 3.

 

When I entered into contract, I did not click any thing which said I Agree, apart from the Contract

 

That is what I am after, the Copy of that contract

 

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.

 

By using our services and electing not to take advantage of 3's 14 Day Money Back Guarantee, you fully agree to the contract and to the Terms and Conditions thereof.

 

And I would abide by terms and conditions as lang as they are acting legally, and abide by the laws

 

With regaurd to your statement that you feel 3 have breached the Data Protection Act 1998 (the 'Act'), I have consulted with 3's Data Protection & Privacy Officer and he is of view that we are not in breach of the Act in using a 3rd party debt collection agent (DCA), We have noted your request not to use a 3rd party DCA in future, but are unable to comply with your request, Should you wish to take up this matter further please write to the: Data Protection & Pricacy Offere, Hutchingson 3G UK Limited, Star House, 20 Grenfell Road, Maidenhead, Berks SL6 1EH, Email [email protected] . Our DPO has noted your intention to refer to the information Commissioner Office and will co-operate fullt with any enquiries received.

 

Until I have a signed copy of my agreement, I will not know if this is right

 

Please be advised that representatives from "Logic" will call Payplan to discuss your 3 account during the hors which are in line with debt collection legislation, We do not consider our legitimate activities to be in breach of the Administration of Justice Act 1970 or the Protection from Harassment Act 1997, Any request for communication to be writing only should be made to Logic directly.

 

Not until they have a True signed copy of the original agreement, I will not have a thing to do with Logic, and also tell them to cease all contact and never pass on my data, until such time they have proved the contract is valid

 

You quoted the Wireless Telegraphy Act 1998 and stated that 3 are in breach of this act, The Wireless Telegraphy Act does not apply to mobile phone contracts and therefore we believe not applicable.

 

Does this stand up, Can I legally be harassed by telephone

 

Thank you for your patience while your concerns were being addressed and I trust that this clarifies matters for you, Should you wish to dicuss this matter further, please call Logic on 01506 473800

 

Patience - Who are they kidding

Not contacting Logic, they can contact me first,

 

Any views would be helpful, as Hutchinson 3G needs sorting

 

And NOTE - All the 3's in the letter were all in BOLD - I take it was 3 was writing to me

Regards

Sophie

 

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

Link to post
Share on other sites

Just some observations;

 

(1) Mobile phone contracts are written expressly to provide groundrules for the operation of your phone and the service provided. It is not a contract that extends credit or HP to the subscriber (the monthly charges for calls are not based on credit, they have to be settled on the same basis).

(2) Something as simple as just using the phone to make an initial call can be taken as your acceptance of the terms of use offered by the network. Clicking 'I Agree' or verbally agreeing to it over the phone (you call is recorded) makes this reasonable.

(3) The signed copy of the agreement approach is reasonable for Credit/HP transactions but don't really provide any additional benefits - the contracts for most network operators can be viewed on their websites, and only if in the case of this agreement being substantially changed between the one you signed and the one currently in force would make such copy agreement worth pursuing, since these contracts are not fixed term, they are often modified and users are told their T&C's will allways be updated to reflect the latest version, your continued use of their service denotes your agreement to this.

(4) The only relevance to the Wireless Telegraphy Act I can relate this to is Mobile Phone networks give their customers the right to use the transciever under the licence they obtained/purchased from the Government. Your mention that they can use this to 'harass' users has me completely confused. If you mean can they call you to your mobile to chase up a debt under the WTA, the answer is yes, the WTA does not cover mobile phones or debt collection.

Link to post
Share on other sites

I've never had a problem with 3, and Im on a contract, but then I've never had to call customer services or anything, and I do live right in the centre of Glasgow so my reception and stuff is pretty good.

To be honest, I never pay any attention to bills, i just pay them ... maybe i should start checking those free calls / free minutes etc.

01/08/06- Royal Bank of Scotland - S.A.R sent

24/08/06- Royal Bank of Scotland - Statements Received

31/08/06- Royal Bank of Scotland - 1st Request sent

13/09/06- Royal Bank of Scotland - LBA sent

23/09/06- Royal Bank of Scotland - Offer received £1544 (Thanks but no thanks)

02/10/06- Royal Bank of Scotland - *WON* Full settlement

Link to post
Share on other sites

well i've still not heard from them - they have cashed my £1 but they have not provided me with anything - as for paperless contract - thats rubbish - i had a contract and it was signed in a Three Store - however where that is i have no idea - and i'm sure if i get a responce it will be to say we dont have one etc etc.

 

mmm i just hope they get back to me soon so i can sort this as its one of very few bad marks on my file now!

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites
well i've still not heard from them - they have cashed my £1 but they have not provided me with anything - as for paperless contract - thats rubbish - i had a contract and it was signed in a Three Store - however where that is i have no idea - and i'm sure if i get a responce it will be to say we dont have one etc etc.

 

mmm i just hope they get back to me soon so i can sort this as its one of very few bad marks on my file now!

 

I take it that your contract is now over

 

I found out they have credited my account with the £1 PO, and charged me £3 for the privalage, one thing still they have not sorted out, now that is 2 times that I have been charged £3

 

1st time was for a Cheque payment via payplan - They do not issue cheques

2ndtime was for the PO payment for the Consumer Credit agreement and deed of assignment

 

I have warned then that this account is now in default, as these charges are unlawful.

 

I signed my contract in a Carphone warehouse, and again, do not know where, that info was destroyed years ago.

 

I feel they are trying to dodge the true issue

 

And surely, I am in my rights to request / demand that all correspondence is done in writing, and not keep getting badgered by phone

 

This all came about, when a Failed DD happened, and I requested a new DD mandate, which Never arrived, its now over 2 years ago

Regards

Sophie

 

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

Link to post
Share on other sites

had very similar things happen with them - they dont have a number for me so i dont get hasseled - however CapQuest do - see the link in my signature to se the letter i send the RE calling me.

 

not sure what they have done iwth mjy £1 - prob added it to my account, tho they havent responded so i dont know untill i get my latest credit file

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

I'm at a loss of what I can do now

 

If they are right in the letter they sent, then I have no legs to stand on, They can harass me by telephone as and when they desire

 

As for the Debt being chased by Logic, Logic still have to prove they can chase it, as far as I'm concerned, and they still have not done that, as I've done the CCA 1974 request, and they have now committed an offence against me.

 

Apart from that, Proves that either Logic or H3 are not on the ball, as Payplan has now discontinued my case, as by my request, its all in my hands again now, and that is where its staying

 

Anyone with any ideas what I can do in responce to my letter to H3, Let me know please - Thanks in advance

 

Surely They cannot get away from harassment, and unlawful actions?

 

Also the Full amount owed is now in dispute, as they have levied charges against me, for legal payments, and one being a PO for the CCA 1974 request

Regards

Sophie

 

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

Link to post
Share on other sites

well 3G cahsed my cheque ages ago - the 12days passed on 3ed of Spet so roll on the 3ed of October when i can report them form non compliance and hopefully get my default removed!

 

i havent even had an aknowledgement off them!

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites
  • 7 months later...

Jo5ephedward5, was wondering what happened after your 30 days expired in Sept?

 

My 30 days with this bunch ends on the 19th of May and am unsure as to what I do then, any help please?

Link to post
Share on other sites

After no joy with 3 them selves I have asked the CRA's to question the default, fingers crossed should 3 not respond to them after 28 days they can remove the default, got the impression from the one guy I spoke too he'd done this a few times before with them.

Link to post
Share on other sites

jmuggali, I never knew that you could do this, could you please explain to me in a bit more detail about how I would go about this?

 

Thankyou in advance

Link to post
Share on other sites

I phoned Equifax, but also on Experian web site you can raise a question about a report, with both you have to have requested a report 1st before you can question the information on it. As to how sucessfull this is I'll have to wait and see, Freemans returned their information the same day on my wifes report.

Link to post
Share on other sites

Please, please can somebody help me!!

In the Spring of 2003 I purchased a contract mobile 3G phone with insurance and a monthly payment of around £65. My first initial payment from my account on the 9th May was £67, then a second 'initial' payment appeared on my account on the 4th June for £80. My phone was then stolen from my bag (which was reported to the police). Since I had been paying insurance, I claimed on this with 3G, being told I was to pay a £10 excess (which I did over the phone) and I was to recieve my new phone within the next week or so. ...another payment of £67 was then taken from my account 20th June, to follow again 7th July with £75 being taken - during which I had contacted 3G as I still had not recieved my new handset (bearing in mind, each time I called, they said there was no record of any conversation being on their system). Each time however, I was told as I had paid my insurance excess my phone would be with me shortly. A further payment was taken August 4th, £60, followed by another £60 August 18th, followed by another September 18th, £80, then another October 13th, £120!! STILL not having a mobile phone and each time being told my phone was on it's way but there being NO record to me having complained to anyone?!

Once I cancelled my DD I received a few letters saying I was unallowed to cancel my DD & that I was contracted for 1 whole year (once again calls explaining but them having no records of previous complaints).

 

After a while this fizzled out (yes I know I should have fought back to reclaim these monies but personal issues at the time prevented me from doing so).

 

Now, I have just recieved a letter at my 4th address since I had the moibile, from Credit Security Limited stating they demand the sum of £414.32 for Hutchinson 3G immediately otherwise a debt collector will call or County Court Judgement will be registered against me!

 

Please help, I don't know what to do!!

Link to post
Share on other sites

Short answer is you fight it, but if you changed address 4 times since the theft, how would 3UK know where to deliver it to? If Credit Security have contacted you to your new address, because they were able to chase you to discover your new address, it does weaken your case considerably.

 

The good news, however is that 3UK will know you have had your phone stolen, and usage on the account will be 0 as you had no method of using your contracted minutes. Reply to the the Debt Collectors stating that the account has been in dispute for some time and you do not admit to it. You request they return the matter to their client for further investigation.

 

You next write to 3UK, saying that you've had contact with their collection agency and feel it is about time they resolved the issue of your missing phone, as despite paying the excess you received no replacement phone or SIM card. You want a full breakdown of charges you are being pursued for, as having not received any phone service (since the theft date) 3UK were supposedly to have arranged a replacement, especially as you had already paid the excess. Therefore, you accept no responsibility for line rental until the replacement arrives. Once you have this, you will complete the contract as agreed.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...