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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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More DVLA Failure to notify new keeper


fredrick52
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Greetings all,

I too am in the proceedure of fighting a £55 fine for failiure to noitify.

 

I did copy snooplottys letter in an earlier thread, and adjusted to suit and sent it .....today i recieved the following:

 

Dear Mr XXXX

Thank you for your recent enquiry concerning the out of court settlemnt offered to you

in respect of motor vehicle registration mark XXXX XXXX for which a notification of keeper change has not been recieved.

 

A disposal notification for this vehicle was not recieved at DVLA and therefore the vehicle remained

registered in your name. The requirement to notify disposal of a vehicle is contained within

regulation 22-24 of the road vehicles (registration & licensing)regulations 2002.

 

Information on disposal of a vehicle is available on the vehicle registration certificate (VC5)

 

The mitigation you submitted is noted,but it does not materially alter the outcome of your case or

constitute a defence.

Consequently you are still liable for the £55 which must be recieved at this office by 06/09/10

 

Please pay this penalty blah..blah,blah..................

 

I did send my v5 off in january this year,but not by registered post

 

I wondered if anyone could advice me of the next step i should take,

 

Kind regards..Freddy

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There is no requirement for registered post as the law is cleart in this respect. Once you have posted it, your legal requirment is fulfilled. If it gets lost, stolen, eaten or anything else, that is DVLA's tough doodies. Invite them to take you to court where you will file your defence because you have done all that was legally required.

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No, don't invite them to take you to court. You need that like a hole in the head. You have not supplied them with 'mitigation' but information 'proving compliance' with the regulations. The Interpretations Acts also provide confirmation you have fully discharged your obligations so, with regret, do not accept the DVLAs interpretation of events.

 

If they want to do anything else, you've already stated your defence of their charge against you. That is up to them.

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