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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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rolling break clause: what is this??


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Hello,

I am about to sign a 12 month AST with something that the landlord calls a "rolling break clause" but to me seems like a break clause that will only allow me and co-tenant to break contract at 6 month or at 12 month and nothing in between.

 

This is the wording in the contract

 

(1)If the Landlord desires to determine the Term granted (but not earlier than six months from the commencement date or the date of this Agreement whichever shall be the later) and shall give to the Tenant not less than two months written Notice but without prejudice to the rights and remedies of the Landlord against the Tenant in respect of any antecedent claim or breach of the Tenant’s obligations contained herein.

 

(2)If the Tenant desires to determine the Term hereby granted (but not earlier than six months from the commencement date or the date of this Agreement, whichever shall be later) and shall give to the Landlord not less than two months written Notice of such their desire than this Agreement shall cease and be void with effect from the expiration of the said Notice but without prejudice to the rights and remedies of the Landlord against the tenant in respect of any antecedent claim or breach of the Tenants obligation contained herein.

I have asked landord to add the words "at any time" in both clauses before the words "but not earlier than six months etc" but she has refused saying that solicitor suggested this wording as correct (a rolling break clause, she calls it).

 

I am clueless! All I want is to make sure I can break contract anytime after 6 months, given due notice. can you help??

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That contract to me says that you can give notice any time after 6 months. I fail to see the "rolling" part, or anything explicitly or implicitly implying that you can only give notice at 6 or 12 months.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thank you Mr Shed

landlord also confirmed in email that

A rolling break clause means that after 6 months either of

us can give notice at any time. ie. It is a 12 month contract but we

can both serve notice but only after 6 months and any time up to 12

months.

 

This is what I wanted.

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Excellent :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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