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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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RBOS - Ombudsman or County Court


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We have many issues with the RBOS and cannot decide whether to separate each issue and/or take the matter to the Ombudsman or County Court.

 

Over the last six years we have been charged over £1000 in overdraft fees and referral fees. We have always been informed of the fees but never the referral charges which have come as a shock the day after being implemented. Many of these charges arose after I initiated an international transfer to my American bank account. When the payment had not reached my USA account in the time expected we chased up the matter with the RBOS and found that the bank had inserted a wrong digit and payment had hovered over the Atlantic for around three weeks and eventually landed back in our account minus a few charges and a loss from currency exchange. At the time it was mentioned verbally that they would compensate us. Nothing was heard further but eventually the bank refunded our loss from the currency exchange and refunded the cost of the transfer. When we mentioned the compensation we were told that the man who had promised it no longer worked for the company. As a result of the delay in sending payment it caused an effect of delaying payments we had to make from the USA account and resulted in receiving a letter fromUSA solicitors threatening to take a lien on our property in the USA. We could have stopped this by paying all court costs, solicitors costs etc. but this would have been in excess of a thousand dollars. We contested this and contacted a USA soliciotr but he wanted $5000 upfront to handle the matter. Consequently we were left to handle this on our own and had to spend many an hour studying American law on the internet and copious documentation with the American solicitors to try and stop them taking a lien on our property. As a result I lost a considerable amount of time and money which I could have earned from other sources and therefore the bank charges mounted up and the bank were in effect cashing in from its own mistakes.

We did contact the head office and were offered £250 compensation but this did in no way reflect our losses of time and expense and did not cover the bank's own charges.

 

Another issue we had was that we sent international transfers on a regular basis and the published fees were £9 including all the foreign bank charges. This did not happen - we were also charged by not only the foreign bank but also sometimes an intermediary bank. We queried this on many occasions but were fobbed off and told to contact the foreign bank but the foreign bank told us to contact the RBOS. On one occasion when we sent a sample statement to show that we were paying charges the RBOS refunded one payment only of £5.

 

Yesterday, my husband who is supposed to be at home recovering from an operation had to call in to the bank (I was attending a hospital appointment myself) paid a sum into the bank to cover overdraft fees that we had been notified so as not to incur any further charges and this morning find that we have also been charged £60 referral fees that we had not been notified, despite these not showing up online at the same time as the overdraft fees although they were both taken at the same time.

 

We did send the bank an initial letter requested our charges back (before I found this site) and received the standard letter from them saying that the charges were legal etc.

 

Another matter which probably now goes back too far is when we had a sale of our property. the buyer wanted a quick sale and our solicitor wrote to the bank asking for the deeds. No response. Wrote again - still no response. We rang and were told initially that we should have contacted Edinburgh where the deeds were now stored. It appears that they just ignored our solicitors letter because it had been sent to the wrong place. Eventually our solicitor received the deeds but they were the wrong ones and after waiting again for the right ones the buyer got fed up and decided not to bother.

 

We really are getting fed up of the way RBOS has been dealing with our accounts but it seems never ending as the first time we took them to the Ombudsman was in 1993 because of overcharging.

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Sounds quite complicated.

I'm certain you could get all the "penalty charges" back through templates on this site and county court etc etc

If there is bank error involved (ie the foreign payments being sent to the wrong account and then back and you losing out on exchange rates) then I suppose this could be taken to court as well (provided you could show that it is more than likely bank error was involved)

 

I would say try the ombudsman first for the bank errors that caused you expense and then go through litigation to reclaim "penalty charges" if necessary. (You are still allowed to go to court regardless of the Ombudsmans decision)

 

All the best. :)

(Yes I work for a bank but am here to help! Please be nice to me! :))

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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