N1 for Hutchinson 3G

[Guest Alison82]

If an account has been defaulted and now closed but it has not been paid off / satisfied, can you still write to the lender and ask them to stop processing your data as the account it terminated??

 

I know your all busy tying James Jones up in knots but can someone please answer this as I need to know if I can issue my N1 for Hutchinson 3G.

[dayglo]

in my opinion - it depends why it has not been settled.

if it hasn't been settled because of unlawful charges, then yes I think you have a moral, ethical and legal basis to continue.

If, and this is the awkward bit, it hasn't been settled because you just haven't kept your side of the deal, then, again, just my opinion, I think morally the debt should be paid back before you can successfully argue the removal of the default.

[Guest Alison82]

Ok, thankyou

[Guest Alison82]

It hasn't been paid due to me not receiving a default notice and not receiving my cash back from the supplier, but yes you are right I should pay it back first, but technically I could get it removed as the account is now claosed?

[dayglo]

error

[Tobes]

The law is completely separate from morals and if there is a legal argument then there is a legal argument

 

CRA data is not used for debt-collection purposes so it will not affect the creditor's ability to recover the debt if it so wishes.

[Lizzy]

It hasn't been paid due to me not receiving a default notice and not receiving my cash back from the supplier, but yes you are right I should pay it back first, but technically I could get it removed as the account is now claosed?

 

Once the default has taken place the terms and conditions end so does the contract. If you have not made any payments be careful you do not get a CCJ because that will stay on for 6 years. I do know what you mean about not getting your cash back so I guess its the charges that have given you the default. Best prevent the CCJ from going on in the first place if possible.

 

Hutchinson seem to be particually stubborn and difficult (reading threads about non payment on a broken phone).

 

Good luck

 

Lizzy

[Tinkerbelle]

The law is completely separate from morals and if there is a legal argument then there is a legal argument

 

CRA data is not used for debt-collection purposes so it will not affect the creditor's ability to recover the debt if it so wishes.

 

Isn't it? So all those contracts that say "we may send off your data to CRA's to assist with debt tracing, etc.. etc.." doesn't apply

 

I was under the impression that DCA's use the CRA's to trace debt dodgers.:-|

[dayglo]

CRA data is not used for debt-collection purposes so it will not affect the creditor's ability to recover the debt if it so wishes.

 

sorry, that wasn't my point.

 

My moral compass says that you can't really complain about one parties breach of contract if you have also failed to keep your side of the deal. (I'm fully aware of the hazards of standing on the moral high ground!!)

 

Just my opinion.

[Tobes]

Isn't it? So all those contracts that say "we may send off your data to CRA's to assist with debt tracing, etc.. etc.." doesn't apply

 

I was under the impression that DCA's use the CRA's to trace debt dodgers.:-|

 

They obtain your address details yes, if you're moving all over the place, but your financial data is irrelevant at that point, which is what I was referring to. The CRAs play no role in actually getting the money back, their showing a default notice doesn't have an impact on that.

[Tinkerbelle]

They obtain your address details yes, if you're moving all over the place, but your financial data is irrelevant at that point, which is what I was referring to. The CRAs play no role in actually getting the money back, their showing a default notice doesn't have an impact on that.

 

Ok, but just to add. THE CRA say they don't process our data, but they do.

 

The CRA's are making people's personal data available to a DCA, so that means under the definition of processing in the DPA the CRA is processing our data by making it available.

[Guest Alison82]

Thanks for everyone’s input, I'm not trying to get out of paying 3, I just don't have the funds at the moment but I need to get this default removed, I will propose to pay them back monthly.

 

Morals, they didn't care about morals when the recommended to their potential customers the bogus company that took my money!! Which I was going to use to pay them, and they did not care about morals when they did not supply me with any form of notice, not even a phone call to say "we are going to default your account unless you make a proposal to pay"!

 

Hummm a bit confused now!

 

Interesting point though Tobes, accounts with DCA's do not show on your credit file, I will need to check this out!!

 

So, by Law I could continue with my N1 and then pay them back slowly?!

 

Thanks everyone!!

[dayglo]

Interesting point though Tobes, accounts with DCA's do not show on your credit file, I will need to check this out!!

 

be careful - this is NOT true

[dayglo]

So, by Law I could continue with my N1 and then pay them back slowly?!

 

You are always free to claim against another person/company via an N1. You just have to be prepared for the other side to disagree and defend against you. Please just make sure you completely understand the arguments beforehand. Also at £150 a pop, they are not cheap and you risk throwing good money after bad.

[Stuart_in_the_red]

Once the default has taken place the terms and conditions end so does the contract. If you have not made any payments be careful you do not get a CCJ because that will stay on for 6 years. I do know what you mean about not getting your cash back so I guess its the charges that have given you the default. Best prevent the CCJ from going on in the first place if possible.

 

Hutchinson seem to be particually stubborn and difficult (reading threads about non payment on a broken phone).

 

Good luck

 

Lizzy

 

I thought once an account was in default, then that was it - account closed. So can they then decide to put a CCJ against you for that account?