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Hello my name is ***** ***** I will help you with this.
What is it want to achieve please? A write off of the balance owing?
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.
Ok - what did the Ombudsman say?
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
still with them. but its casing me an awful lot of anxiety.
they cashed the cheque. it clearly stated if they do anyway as per letter if u have read it.
Well you can't claim £15 per letter as it would be a small claim so that is a cost of litiagtion
so what should I do? am I entitled to sue them?
I agree with you, if they accepted full and final settlements thats it
They can't claim any more
I can go to court I don't mind that my son wil help
but they refuse to accept it and they will not amend my credit file
complained to Experian the credit ref agency and they wrote to them.
this was their answer today
Our Ref: AM/48844689Dear Mr StewartThank 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 5AFPlease 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 regardsAlexa MacIntyreSenior Customer Service RepresentativeCustomer Support CentreExperian
You need to write and ask that they amend the credit file with 14 days or say you will go to Court.
Make sure you send this recorded delivery and keep a copy.
If they do not then you can issue proceedings
You need to complete form N208 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
You are seeking an Order under Section 14 of the Data Protection Act which states:
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.
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.
They accepted payment in full and final settlement - so you can't owe the balance
And a Court can provide an Order that they correct or remove the data
Once you have that Order then this can be sent to the Credit Reference Agencies
Can I clarify anything for you about this today please?
ok.... so after I obtain that can I sue for damages. This is so out of order on their part.
But what have you lost?
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
But have you specially been refused because of this?
So you can't open a business account - what does that matter?
That does not stop you running the business?
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.
it does the do a director inquiry
Yes but you need to be careful with your claim.
it does they do a director inquiry
You want the default removed, that is the key
Don't be greedy in trying to claim for lots of things as that is a different and can be quite expensive proces
As it stands getting a default removed is simple.
If you want to remove the default and compensation then it may be a fast track trial.
This exposes you to a risk of costs should anything go against you
Therefore just deal with the issue of a default.
ok Alex.............. its just so unnecessary and frustrating. I want to hang them high
Well that is a difference process
You need to complete form N1
You then want an order for it to be removed and also compensation
But I don't think you would get more than £10,000
I have just pasted the first form into my computer
please explain what I should be writing in that form
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.
That is what you want
And compensation for the distress caused.
Can I clarify anything else?
Sorry alex what is section 14 and is form cpr8 the correct form?
Section 14 as we discussed at 6.30pm
do I just write that into the form?
If you want compensation too its not form N208 Part 8 claim form, its a Part 7 claim form N1
the wording that you wrote plus the details of what happened?
Yes in the particulars of claim
Does this answer your question?
ok... thanks. what if I wanted to add the compensation how would I calculate it or would I ask that the judge decide?
Ask a Judge to decide.
Can I clarify anything else for you?
so the value of the claim would be left blank?
Yes, put TBA
But in value - The Claimant expects to recover less than £10,000
ok is there anything else I should add? can I claim for this advice do you think? ;-)
No you can't claim for advice, its a small claim
You can't claim £15 per letter, its the cost of litigation
so I cannot claim any expenses at all?
All you can claim for is a nominal sum to be decided to the Court for distress
Its a small claim
oh ok I don't know how it works ...
You can claim for:
1) Remove default
2) Nominal compensation for distress
That is it, nothing else
ok.thanks... I think that's it is this conversationsaved somehow?
Once you rate the answer the format changes
You can then copy and paste it or come back to it at any time
Is there anything else I can help with?
that's it thanks.
Great. If I could invite you to rate my answer before you go today
If the system wont let you or you need more help please click reply
I may need more help so I will click reply while I absorb the information.
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
To much emphasis on u have finished.
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
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.