Hutchinson 3G

[Sophie-Jane]

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

[Sophie-Jane]

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

[Sophie-Jane]

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

[Sophie-Jane]

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

[Sophie-Jane]

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

[Sophie-Jane]

The Saga continues ............................................

 

Since my last posting, I have had the following DCA's after me

 

1st - Link

2nd - Moorcroft

3rd - C.A.R.S

and Finally Courtlink (uk) Ltd

 

This is the letter sent to Courtlink

 

CEASE OR DESIST

SEEK LEGAL ADVISE IMMEDIATELEY

14 Days to reply

Dear Sir / Madam

I recommend that you seek legal advice immediately, as if you do not know the consumer credit act, further action by your company and Hutchison 3G is UNENFORCEABLE.

Three still have not proved that there was an actual contract in place, and I still have not received any reply back from my letter to Hutchison 3G dated 28th October 2006, so the matter is closed.

I also suggest that you remove ALL contact information from your database/s, as you are committing a criminal act by storing my details in any format in your premises.

You will be subject to a Data protection subject request, at any time when I please, so if I find out then that you still have information about me on your systems you will taken to court.

YOU ARE UNDER NO CIRCUMSTANCES TO PASS ON MY DETAILS TO ANY OTHER COMPANY, DOING SO WILL RESULT IN COURT ACTION BEING TAKEN AGAINST YOUR COMPANY AND ANY OTHER COMPANY WITHIN YOUR GROUP.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter to be “CLOSED”.

Unless Courtlink and C.A.R.S wish to be taken to court for harassment, distress and infringement of the DATA protection Act, I suggest that you confirm that the account and files have been closed once and for all by your company/s and by Hutchison 3G, you have 14 days to confirm this by letter, after which time if no letter has been received, legal action will be taken against Hutchison 3G, Courtlink and C.A.R.S for the sum of £2000 from each company.

Yours faithfully

I have also sent the following to Hutchison 3G

FINAL WARNING

COURT ACTION PROCEEDING

14 DAYS TO COMPLY AND RESPOND

Dear Sir / Madam

Re – Moorcroft / C.A.R.S and Courtlink (UK) Ltd – Debt collection agencies (DCA’s)

Any further communication in relation the alleged account / debt with your company, and even any demands from your company, I will be instigating legal action against Hutchison 3G with no further communication

The action which I will be taking will be – Harassment, distress and Data protection act infringements, and I will be suing your company for no less the £1000 for each offence.

I have evidence to provide at court, I am able to prove that I have done my best to sort this situation out, you are unable to provide conclusive evidence to what I actually signed, and I do not press a key on a phone to sign a contract, that sort of contract could have been taken out by anyone (Identity fraud).

You have failed to provide me with a “TRUE signed agreement & Deed of assignments” of this alleged account / debt, and as you have failed in doing so for 2 years, this account is deemed closed and unenforceable.

This action taken by myself will be vigoursly defended in court with evidence to back every stage of action that I have taken and further evidence which I hold against your company, which will be available in court proceedings.

Therefore may I suggest that you close the alleged account and cease ALL actions with immediate effect, you have 14 days to comply, and to write confirming that such action has been taken, so not to cause further harassment, distress and Data protection infringements against myself, if no confirmation has been received, I will have no alternative but to start court action.

Yours Sincerely,

____________________________________

Well these are being sent off today, lets see what they have to say this time .....

[Sophie-Jane]

Hi Jo and Andrew, Back in september they started again on me, with offical sounding company called - Courtlink and one prior called CARS

 

I keep all paperwork, and found that the latest one from Courtlink was identical to the letters from CARS, so was not impressed with their tatics one little bit

 

So I sent off this to Courtlink

 

_________________________

 

Courtlink (UK) Ltd

PO Box 6515

Basingstoke

Hants

RG21 4UJ

 

Re – XXXXXXXX

Creditor ?? – Hutchison 3G

Client Ref ?? – XXXXXXXXX

16th September 2008

 

CEASE OR DESIST

SEEK LEGAL ADVISE IMMEDIATELEY

14 Days to reply

Dear Sir / Madam

I recommend that you seek legal advice immediately, as if you do not know the consumer credit act, further action by your company and Hutchison 3G is UNENFORCEABLE.

Three still have not proved that there was an actual contract in place, and I still have not received any reply back from my letter to Hutchison 3G dated 28th October 2006, so the matter is closed.

I also suggest that you remove ALL contact information from your database/s, as you are committing a criminal act by storing my details in any format in your premises.

You will be subject to a Data protection subject request, at any time when I please, so if I find out then that you still have information about me on your systems you will taken to court.

YOU ARE UNDER NO CIRCUMSTANCES TO PASS ON MY DETAILS TO ANY OTHER COMPANY, DOING SO WILL RESULT IN COURT ACTION BEING TAKEN AGAINST YOUR COMPANY AND ANY OTHER COMPANY WITHIN YOUR GROUP.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter to be “CLOSED”.

Unless Courtlink and C.A.R.S wish to be taken to court for harassment, distress and infringement of the DATA protection Act, I suggest that you confirm that the account and files have been closed once and for all by your company/s and by Hutchison 3G, you have 14 days to confirm this by letter, after which time if no letter has been received, legal action will be taken against Hutchison 3G, Courtlink and C.A.R.S for the sum of £2000 from each company.

Yours faithfully

(attached letter to THREE – dated 28th October 2006)

Alan McDonald

3 Customer Services

Exec Office

Hutchinson 3G UK Ltd

PO Box 333

Glasgow

G2 9AG

 

Your Ref – XXXXXXXXXX

28th October 2006

 

DISPUTED ACCOUNT – FINAL POSITION

Re your letter dated 6th October 2006 & 19th October

Dear Alan McDonald

This account remains in dispute

Since we are in total disagreement, I will let a Judge decide on the validity of this argument, and will attend court to prove my evidence of other Customers who do not get charged for administration costs when not paying by Direct Debit.

This is My final position, and I consider this matter closed, I will not communicate further with Hutchinson 3G in relation to this matter, and will gladly let a Judge decide on the validity of your arguments.

As you have been warned, I will not now or in future allow Hutchinson 3G to pass on my details, the contract is Null and void, you cannot prove by any means that I have actually signed an agreement or even as you state, press a key which says “I Accept” or any other way you stated previously.

Yours faithfully,