Hi Guy A and L agreed to remove the adverse markers from my credit file the day before their defence was due to be filed. They duly did so and my credit score is now restored to the maximum. I posted my particulars of claim on another thread but cant remember where! They didnt give a reason as to why they backed down. I did not pursue compensation as my only concern was my credit rating. Good luck Jenny

SUCCESS! A and L have backed down and removed the three late payment markers following the service of my amended particulars of claim. They did this the day before their defence was due. My credit rating is now restored to its former glory. I obtained a lot of help and advice from this site and will be making a donation. Thanks to everyone. Toasty

One of the pillars of the English law of Equity is that every man has the right to a fair hearing. The financial institutions can and do wreck lives by making referals to CRA's without any opportunity for the subject to make representations. They are judge and jury without appeal. We need to campaign to have all disputes put through the court system and take away the right for any information which could affect an individual's ability to obtain credit, to be lodged without a court order. Has this ever been tested in court? Site team?

Count me in. We have nothing to lose but our financial straightjackets.

I agree with both of you. The only thing that changes anything is public opinion. I was told that years ago by a lawyer working for the UN who had special responsibility for Gaza. Nothing has changed and we need to harness public opinion and let the power brokers know we will not be robbed any longer, by taking to the streets. A million people took to the streets in opposition to the Iraq war and although it didnt prevent us going in, notice was taken of the opposition to it and undoubtably contributed to the demand for the enquiry now taking place as to the legality of that decision . We need to organise and make our voices heard. We need to start somewhere. I am not convinced we have sufficient protection in the current legislation to ever get anywhere in the courts. The financial institutions have it sewn up and the watchdogs just pay lip service. Together we have power.

Thanks Buzby, Its kind of what i expected. I will take your advice and get the replacement phone and wait to see what happens when they amend my credit file. Thanks again Toasty

i am not sure I have been clear enough. it was my mother who they originally searched when I took out the contract, but it was me who they entered the three late payments against. My mother has now taken up the matter directly with hutchinson regarding using her credit score without her consent.

Oh , one more thing, yes my mothers rating was affected, not mine. Cheers

Hi Busby The handset was sent in for repair, they said they sent it back but it was returned to them undelivered. They didnt tell me they had got it back nor made any attempt to redeliver. I suspected they would default me so i preempted that by issuing proceedings for breach of contract . They then admitted they had the phone. The case went to mediation and part of the agreement reached was the return of the phone to me. They agreed to waive the charge for the remaining time and offered £100 goodwill gesture. we both signed the mediation agreement but two days later they entered three late payments against my credit record. They now say they have lost the original phone and have offered a replacement. I suspect they do not want me to have the original phone independently examined. I have a good paper trail of complaints and constantly chased them but they never got back to me. The solicitors dealing on behalf of hutchinson are unbeilvably aggressive. I was living with my mother at the time but we are not financially linked as they cannot do that just for sharing an address. They did a search against my mothers credit record and that affected her credit rating. They passed the debt to two DCA's ,who wrote to my mother chasing payment for my debt! They have now offered to take off adverse marks posted after the mediation but insist the debt remains marked as settled. I am minded to reinstate my case and put all this in front of a judge. Any advice? Thank you very much toasty

Hi Buzby, I have read with interest your advice on mobile phone contracts. Are hutchinson 3g liable within the terms of the contract for a faulty phone that keeps going wrong. i have made many complaints during the contract, sent the phone back for repair, they didnt send the phone back to me so i eventually cancelled my direct debit. They also used my mothers credit rating to enter into the contract without her knowledge or permission. Can they pursue me for the balance of the contract - 3 months. £109. many thanks toasted

Hi Steve, I do not know how to PM, but happy to learn! Have you got adverse marks on your credit file in relation to this? I am not sure what grounds you would have to issue proceedings if the debt of £500 is accepted by you. They are very unlikely to do any kind of deal to take off any default or late payment marks unless they have defaulted you without following procedures. What did you have in mind? jenny

Yes, the whole 'Debt" is bank charges. but they have written them off so i am not trying to claim anything back. I have issued proceedings primarily to have the default removed from my credit record, but also damages under the DPA . The crux is that I didn't receive notice of them closing my account or defaulting me. wouldnt they have to keep copies of these important letters?

Hi Yourbank, I dont quite understand your reply, are you saying the report records the individual member of staff who allegedly sent the letters? Will I have to call the staff member so I can cross examine them ? Cheers Toasty

Hi Trimmo, I issued proceedings under Part 8, which i think was the way to go but A and L objected and it is now proceeding under part 7 which is just a straight forward claim but gives them the right to put in a defence. I have amended my statement of claim, they said I had not particularised it properly, which is what they always say and am waiting for their defence. I had a rather weak judge who just went along with what they asked because they were legally represented and I wasnt. I have posted my particulars on another thread on the A and L forum which you can look at. The case wont get allocated to a track until the allocation stage, but should proceed under small claims. Hope this helps cheers Jenny

Hi Guy, I would be very interested in hearing from you regarding the fact that A and L gave you no notice of closing your acount. Are they claiming that they did? They have done the same to me, and I wonder whether we could help each other. We could give evidence in each others cases. Let me know what you think. cheers Jenny