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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I sent this letter below to 3G Uk Ltd to try to settle

Resolved Question:

Attachment: 2014-08-08_171229_ref_01035376-01.pdf

Hi I sent this letter below to 3G Uk Ltd to try to settle a bill of £521. They cashed the cheque as per option 2. However they refuse to settle the debt. I am in a terrible state now. I owe my sons company 300 pounds. they still want 221 despite offering to accept 421 as a settlement prior to my offer of 300 pounds. I am on employment support allowance for Mental health issues. Manic Depression. There underhand way of cashing my sons cheque despite me telling them clearly and also writing on the back of the cheque full and final settlement is killing me. I have felt suicidal and helpless. what shall I do ??? I have raised it with the ombudsman service. I have also pasted a follow up letter to them after the first letter. Mr Wes12th July 2014 Without Prejudice Save As To Costs To Hutchinson 3G UK Ltd PO Box 333 Glasgow G2 9AG Mobile Number: *********** Account Number: ********** Dear Sir/Madam, Further to your letter Dated 10 July 2014. I done as you advised and called the number to make an offer. In fact I spent nearly 1 hour on the telephone to 3 different members of your staff in India. The last 2 where Ramaan and Raja. My son taped the conversations. The 1st operative done nothing. The 2nd Operative Ramaan told me to deal with the debt collectors. The 3rd Operative Raja offered to accept 421 pounds and settle the debt. I must say this was an extremely difficult call. The incompetence of your staff was overwhelming. The lack of compassion of the fact that I was trying to resolve the issue at considerable difficulty in my situation. Please bear in mind I am living on very little. I will be on Employment support allowance possible for years which give me and my wife about 18 pounds a day to live on. Last week I have registered with Step Change a Charity which helps people like me resolve debts and the problems that are I am facing. They have suggested that I should apply for a Debt Relief Order. This will allow me to be free of all my debts after 12 months. They are substantial. Approx 14,000 pounds. All I need pay is 90 pounds and step change will help me. So I think this will be my course to take. I am also prepared to make the following 2 offers. 1. I will pay you £1 per week by standing order until the debt is cleared. I have been advised you should accept any reasonable offer and I am on minimum benefits and heavily debted. 2. Please find enclosed a cheque for £300 in full and final settlement of all claims, past, present and future, in cashing the cheque you accept it as such. You agree to update The credit reference agencys that this debt is settled. If it is not acceptable, please return the cheque to me and I will have to go to court if proceedings are brought against me. Due to my current circumstances, I do not have this money available, however I have managed to ask a my Son, who has agreed to discharge this debt for me through a loan from his company– though I did try additional avenues. I have tried to ensure the amount was reasonable and not derisory. I hope this matter is now finally closed. I await your response Many Thanks W********    Mr Wes 30th July 2014 To Hutchinson 3G UK Ltd Star House*****Maidenhead Berkshire SL6 1EH Mobile Number: *********** Account Number: ********** Dear Sir/Madam, I sent an offer in full and final settlement of this account on the 10th July 2014. The cheque I sent has been cashed and yet I have had no response. On checking with your customer services today I have found a balance still against me of £200 plus I am now going to start charging your company for each and every letter I have to send until this is resolved. The sum of £15 per letter. I am also going to write into the Ombudsman Services today. For each everyday from 30th July 2014 that my credit file is shown as a default and not settled I want £10 compensation. Your immediate response is required. Your Sincerley We****** Copy of letter dated 10th July is enclosed.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is it want to achieve please? A write off of the balance owing?

Customer:

HI Alex,

Customer:

Well as per the letter yes. However they have cashed the cheque my son wrote and refused to cancel it. A large majority is end of contract fees. I didn't have use of the telephone it was disconnected.

Alex Watts :

Hello

Alex Watts :

Ok - what did the Ombudsman say?

Customer:

I also sent them a letter as per the docs I copied in saying I will sue them for compensation not sure if I can

Customer:

still with them. but its casing me an awful lot of anxiety.

Customer:

causing

Customer:

they cashed the cheque. it clearly stated if they do anyway as per letter if u have read it.

Alex Watts :

Well you can't claim £15 per letter as it would be a small claim so that is a cost of litiagtion

Customer:

so what should I do? am I entitled to sue them?

Alex Watts :

I agree with you, if they accepted full and final settlements thats it

Alex Watts :

They can't claim any more

Customer:

I can go to court I don't mind that my son wil help

Customer:

but they refuse to accept it and they will not amend my credit file

Customer:

complained to Experian the credit ref agency and they wrote to them.

Customer:

this was their answer today

Customer:

Our Ref: AM/48844689

Dear Mr Stewart

Thank you for your email, which we received on 05/08/2014.

* Hutchison 3G UK Ltd (Account started 16/03/11)

Thank you for copying us in on the email you recently sent to 3G.

We have received a reply to the query we raised with them for you. They have confirm the details we hold are accurate.

They ask that we keep the information on our database.

I cannot change this information without their authorisation.

Within the next 28 days the following statement will be removed from your credit report:

"The consumer has disputed the accuracy of this entry and we have therefore asked the provider to investigate it. Given that this data is disputed, please take care if making an assessment of any kind that may include this data."

If you would like there to continue to be a dispute statement on this information, I can add the statement below:

"The consumer has disputed the accuracy of this entry. Given that this data is disputed, please take care if making an assessment of any kind that may include this data."

Please let me know by return if you would like this statement to be added to your report, where it will then remain until we receive further instruction from you.

Alternatively, you may wish to add your own statement to this entry on your report. If you would like to add a 'Notice of Correction' to your credit report, please let us know, in writing, the exact wording you would like to use. We cannot add a statement that is longer than 200 words or one we think is defamatory, frivolous, scandalous or unsuitable for publication for some other reason.

If you wish to dispute this further, you will need to contact them directly.

You may want to provide documents to the company directly to support your comments as this can help them to resolve your dispute.

If you think any entry in your report is wrong we will contact the lender to verify your comments or the validity of the entry and adhere to any instructions to amend the information. The lender is equally obligated under the Consumer Credit Act 1974 and Data Protection Act 1998 to ensure that the information they provide is accurate and up to date. If no amendment or deletion instructions are ordered we are unable to amend the information.

For further clarification of this you may wish to contact the Information Commissioner's office at the following address:

The Information Commissioner: Wycliffe House, Water Lane, Wilmslow, SK9 5AF

Please be assured that should the company send us any further instructions regarding this matter, we will act upon them accordingly.

In the meantime, please get back in touch if you have any further queries and I will be happy to help.

Kind regards

Alexa MacIntyre
Senior Customer Service Representative

Customer Support Centre
Experian

Alex Watts :

You need to write and ask that they amend the credit file with 14 days or say you will go to Court.

Alex Watts :

Make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not then you can issue proceedings

Alex Watts :

You need to complete form N208 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

You are seeking an Order under Section 14 of the Data Protection Act which states:

Customer:

its ok saying they cant but how do I enforce it? I can say they cant until I am blue in the face but if they refuse and cash the cheque what is the next action I can take to hold them to account legally where they need to pay for their actions and be held accountable.

Alex Watts :

If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

Alex Watts :

They accepted payment in full and final settlement - so you can't owe the balance

Alex Watts :

And a Court can provide an Order that they correct or remove the data

Alex Watts :

Once you have that Order then this can be sent to the Credit Reference Agencies

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

ok.... so after I obtain that can I sue for damages. This is so out of order on their part.

Alex Watts :

But what have you lost?

Customer:

I cant get a business account with this default. I have been on employment support allowance for over 2 years. I want to start work for myself. I have this one blot on my file. the banks will not entertain me

Alex Watts :

But have you specially been refused because of this?

Alex Watts :

So you can't open a business account - what does that matter?

Alex Watts :

That does not stop you running the business?

Customer:

am I right in thinking that if they have not done what was agreed and laid out in the terms they they should pay compensation for the grievance I am incurring including the 38 pounds I paid from my child tax credits to speak with you.

Customer:

it does the do a director inquiry

Alex Watts :

Yes but you need to be careful with your claim.

Customer:

it does they do a director inquiry

Alex Watts :

You want the default removed, that is the key

Alex Watts :

Don't be greedy in trying to claim for lots of things as that is a different and can be quite expensive proces

Alex Watts :

As it stands getting a default removed is simple.

Alex Watts :

If you want to remove the default and compensation then it may be a fast track trial.

Alex Watts :

This exposes you to a risk of costs should anything go against you

Alex Watts :

Therefore just deal with the issue of a default.

Customer:

ok Alex.............. its just so unnecessary and frustrating. I want to hang them high

Alex Watts :

Well that is a difference process

Alex Watts :

You need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

You then want an order for it to be removed and also compensation

Alex Watts :

But I don't think you would get more than £10,000

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have just pasted the first form into my computer

Customer:

please explain what I should be writing in that form

Alex Watts :

That is a different question but you are seeking an Order pursuant to Section 14 in that 3G are required to amend, rectify or destroy the incorrect data.

Alex Watts :

That is what you want

Alex Watts :

And compensation for the distress caused.

Alex Watts :

Can I clarify anything else?

Customer:

Sorry alex what is section 14 and is form cpr8 the correct form?

Alex Watts :

Section 14 as we discussed at 6.30pm

Customer:

do I just write that into the form?

Alex Watts :

If you want compensation too its not form N208 Part 8 claim form, its a Part 7 claim form N1

Alex Watts :

Yes

Customer:

the wording that you wrote plus the details of what happened?

Alex Watts :

Yes in the particulars of claim

Alex Watts :

Does this answer your question?

Customer:

ok... thanks. what if I wanted to add the compensation how would I calculate it or would I ask that the judge decide?

Alex Watts :

Ask a Judge to decide.

Alex Watts :

Can I clarify anything else for you?

Customer:

so the value of the claim would be left blank?

Alex Watts :

Yes, put TBA

Alex Watts :

But in value - The Claimant expects to recover less than £10,000

Alex Watts :

Can I clarify anything else?

Customer:

ok is there anything else I should add? can I claim for this advice do you think? ;-)

Alex Watts :

No you can't claim for advice, its a small claim

Alex Watts :

You can't claim £15 per letter, its the cost of litigation

Customer:

so I cannot claim any expenses at all?

Alex Watts :

All you can claim for is a nominal sum to be decided to the Court for distress

Alex Watts :

No

Alex Watts :

Its a small claim

Customer:

oh ok I don't know how it works ...

Alex Watts :

You can claim for:

Alex Watts :

1) Remove default

Alex Watts :

2) Nominal compensation for distress

Alex Watts :

That is it, nothing else

Alex Watts :

Can I clarify anything else?

Customer:

ok.thanks... I think that's it is this conversationsaved somehow?

Alex Watts :

Once you rate the answer the format changes

Alex Watts :

You can then copy and paste it or come back to it at any time

Alex Watts :

Is there anything else I can help with?

Customer:

that's it thanks.

Alex Watts :

Great. If I could invite you to rate my answer before you go today

Alex Watts :

If the system wont let you or you need more help please click reply

Customer:

I may need more help so I will click reply while I absorb the information.

Customer:

Hi Alex. b4 I sign this off I need to sit down and absorb what you have said and see if theres anything else I need to know. 38 pounds is a lot of money (half my food allowance for this week) for us so I want to make sure I don't have anything else to ask. thanks for so far

Alex Watts : Ok
Customer: replied 2 years ago.

To much emphasis on u have finished.

Expert:  Ash replied 2 years ago.
You have left a negative rating despite me giving you the legal answer?
I ask if I can clarify anything to make sure you have understood everything I have said.
What else do you want to know?
Customer: replied 2 years ago.

HI Alex,

I need to ask a couple more things with ref to this issue before I can close this. Can My sons company sue 3G for the 300 back? or would it have to be me. They wrote the cheque. they also wrote on the reverse that its full and final settlement of my account if they cash it. Right now I would like to give them a headache more than anything else. I have had a relapse with my mental health over the weekend and am back on medication. The stress of this situation is deafening. Thanks Wes

Expert:  Ash replied 2 years ago.
You have asked for more information but left a negative rating which seems inconsistent. I am happy to continue if this was a mistake as I know I have done it by accident myself.
Customer: replied 2 years ago.

HI Alex... I never left any rating at all. I hadn't finished. so the site is wrong. I can email them if I know where to send it.

Expert:  Ash replied 2 years ago.
1) It would have to be you, it makes no difference who paid the cheque, the contract is between you and them
I understand the situation is stressful but they accepted payment as full and final settlement so can't claim any more.
If I could invite you to rate my answer before you go today please.
Alex
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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