3G Hutchinson have enterted default on my credit file.

[toasted]

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

[locutus]

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

Do you meen your mothers credit rating has suffered? If she lives at the same address as yourself, you can be reguarded as "financially linked" or has Hutchinson 3G added something on your mothers credit rating?

[buzby]

What locutus has said...was her rating affected and not yours?

 

As for the handset - no, it has nothing to do with the contract, it is a gift (if free) or provided at a discount if charged. Your contract covers the SIM card, and service that it makes available to you. The issue over the handset concewrns me, I appreciate you see it as part of the service you are paying for, but it isn;t. If the handset has disappeared, then you need to get your property back, and hold whoever is responsible for losing it held accountable. Why did you not chase this up?

[toasted]

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

[toasted]

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

 

Cheers

[buzby]

Last things first - searching you mum's file whilst naughty, does not affect her credit file directly, so that would be an argument for another day. The name and address will bring her up as linked anyway - perhaps not financially, but still 'of interest' to enquirers. This argument is with the CRA, not the phone company. They're offer to remove adverse marks would be what I would expect, taking them off (so they looks as though they never existed) will be problematic, as by your own admission the situation just rolled out of control, when it really needed a firm hand. Whether a judge would agree with your interpredation is too close to call. You CANNOT proceed against them for BoC as your phone has no relevance here. You DID read your contract?

 

The loss of the handset is no big deal to the contract, or the issue of whether it was faulty or not, PROVIDING they replace it with an equal or better model. If they can claim that you have prevented the replacement being supplied, this will also count against you as a contributory factor to the breakdown.

 

You need to assess what you want from this and be realistic about it. You are due a phone - get it, snd st leat ensure you minimise any claom by the solicitors you're stage managing the event.

[toasted]

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.

[buzby]

This is a side issue and has no bearing on your dispute.

 

Your mum has also no case for anyone 'using her credit score' without her consent. There may have been an error, but incompetence is allowed. Do not get diverted from the real problem, as these side issues are irrelevant to the job at hand.

[toasted]

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