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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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Arrow/Restons Claim form - old HSBC credit card 'debt'***Claim Discontinued***


comebackjimmy
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  • 4 weeks later...

Hello all,

 

Just a couple of minor updates and I recognize no further action is needed but just to keep the Thread updated and complete;

 

At the end of January a letter was received from Arrow with identical wording to post 41. (To save you looking it is that they are still waiting for documents from the original creditor as per the CCA request).

 

Last week a letter was received from Restons with identical wording to post save that the deadline date is moved to a date in March. (To save you looking.....again.....it is a settlement offer).

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  • 3 months later...

Hello all

 

VICTORY!!!

 

This week my wife received two documents as follows:

 

The first was a Court Document titled Notice Of Discontinuance in which the Claimant ticked the box that says "Discontinues all of this (Claim)"

 

The second was a letter from Restons and the relevant wording is here in order to complete the thread and show other CAGers what might sometimes be expected:

 

We write in respect of the above matter.

 

Proceedings were issued against you in line with instructions we received.

 

Our client has taken the decision to discontinue those proceedings and we hearby enclose by way of service a Notice Of Discontinuance which has also been filed with the Court.

 

Please be aware that although the Claim against you has been discontinued, this does not mean that the debt has been written off or that you are no longer liable to repay it. any adverse entries on your credit file will remain until the debt has been repaid or until 6 years have passed since the default was registerred.

 

We are now closing our file. Any future payment or correspondence are to be sent to Arrow Global Limited Belvedere, 12 Booth Street, Manchester, M2 4AW.

 

 

First of all I would like to thank everybody on the Thread that contributed to this outcome. Donation is on its way.

 

Secondly, whilst I guess we are happy to leave it there I wonder if a) there is any claim for the costs of Defence to made against Arrow and b) as they have been unable to prove a debt exists in court whether in fact the Default can be ordered to be removed on my wife's credit file.

 

I hope all CAGers will take some comfort and joy from this win, and thanks again.

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No and No Jimmy but well done and many thanks for your intended Donation.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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they didn't file the default the OC did

and it was a true reflection of the way the card was operated.

 

 

god I bet rectums spat blood to have to send that letter

we're getting good at nailing them now.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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