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    • OK, thanks, I won't wait for them. On a side note, some of the posts on here are a bit frustrating, I read through five pages or so of someone going through the court process rooting for them as I'm reading, then nothing, not heard of again. Left here wondering what the outcome was, lol!
    • Hello Caggers,   I've been trying for years to get an old EE account wiped off my credit file. It was opened in 2013 and almost immediately defaulted but was shown as "Payment Arrangement" ever since. I contacted EE by telephone in 2022 and was advised it had not been wiped because there was still £69 owing, I paid it and thought it would correct once the CRA's updated their reporting cycle. However, it has still not been removed. I made a formal complaint on 27/03/2024 and have had contact with the executive team who advised that  "EE account ......... has now been deleted from the Credit File as it failed to close as it was reporting the payment arrangement set up despite, as advised this failing which should have resulted in a further default showing.  Please be advised the deletions we have completed take 24 hours to update if a paid service is used to view the Credit File. If the customer uses one of the free services to view the Credit File, the recordings update in 24 hours but the changes can take up to 30 days to be visible on a new copy of the Credit File. I have requested compensation and been advised by EE that another team are looking into this. That was almost 2 weeks ago and there has been no contact since, despite me chasing it. I do not want to go to court and would rather settle this amicably. However,I have been advised that I might have a claim for aggravated damages due to the length of time the incorrect reporting has been on my file and the fact that I told EE about this issue and paid the demanded outstanding amount of £69 almost 18 months ago. Should I just wait for EE to reply or should I start building my case against them? Is their statement admissible as evidence of their blame or do I need to dig a bit more? I made a DSAR which was initially rejected as having no data found yet. I trawled my e-mails from 2013 and found the account number and mobile number, I'm now awaiting the result of my 2nd attempt at DSAR. I have very little in the way of proof of actual loss except a mortgage refusal e-mail from HBOS in 2015. I have also had high interest loans and credit over the last 10 years but again cannot directly attribute this to this one specific error. There were other items on my credit file that could also have contributed to a low credit score too and I'm not out to cash in on anything. I want to make sure I don't end up shooting myself in the foot for any obvious reason and would appreciate any help from anyone who has had similar experience with breaches of DPA.
    • Noted. Keep an eye on the other threads here including the update a few hours back by Rob Carr.
    • dont need statements. nor std info sheets. EVERTHING else  dx
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what is the current situation


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Hi, robo2.

 

I'm also in Scotland and went down the FOS route. Had a letter from them saying they can't continue with my complaint until after the "Test Case".

 

Have a look at this.....

 

http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html

 

Also this.......

 

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

 

Best wishes with your claim.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Why not try the small claims route- the cases are not stayed in Scotland. If you have a claim greater than £750 then you can split your claim into chunks because a ruling by a Sheriff stated that each charge could be the subject of a seperate claim. They probably will not go to court but the lodgment will cost £38.00 for each case. You could wait for the test case but that could go on for ever!! Your choice.

written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.:lol:

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Hi, robo2.

 

As Douglas says you could go down the Small Claims route. But I beleive that some Scottish Courts are applying stays(sists in Scotland) to some claims. There's some information on the subject here......

http://www.govanlc.com/sisted.pdf

 

I have already won one Small Claim and one Summary Cause Claim against HBOS. I went down the FOS route when Scottish Courts started throwing out more than one claim on the same account. I still have about £5,000 to claim back from the same account I have already claimed twice on, so I felt that there may be a chance my claims would not be successfull. If your charges are between £750 and £1,500 you could go Small Claim or Summary Cause. Though with Summary Cause there are some risks. Have a look at this........

http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

 

Also this..........

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=3

 

If you go to court and loose your case, you cannot then complain to FOS. But if you complain to FOS and are not happy with their responce, you can still go to court.

I think going to Court first is your best bet. It's not in your favour doing nothing until after the 'test Case'. You need to get yourself in the system.

 

Best wishes with whatever you decide.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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In Hamilton Sheriff Court yesteday, the central bench was adorned by wiggy attached new lawyers. Not the usual grey faced lot that regularly occupies those seats. They were there for Alliance and Leicester, Clydesdale bank, and Abbey national. Only one pursuer turned up. The remainder of seven cases did not turn up and the fancy wigged lawyers asked for cases to be dismissed. If they had turned up, the lawyers were there to ask for sist. In this way you can come back to the action after OFT case is settled. One of our wigged friends told Sheriff that he expects the OFT case to be concluded by 14th January2008.

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