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    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • 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.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mobile Phone Contracts & Consumer Credit Agreements


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So... We have recently had a case come up where a DCA was stating that a Mobile Phone Contract was part of the Consumer Credit Act of 1974. This raised a few questions so we'd like to clarify this stance.

 

Currently - No Mobile Contract is subject to a Consumer Credit Agreement however they are exceptions to this rule and it is not always clear.

 

When taking out a contract it can be done in one of 2 ways and this is becoming a focus of some companies.

 

1 - The contract is purely a service agreement and the customer is expected to pay the monthly rental of the contract for the prescribed terms before being released from said contract. This is known as a "Service Agreement" with a "Free Gifted Handset" that is factored into the final cost.

 

2 - The contract is split between 2 agreements - 1 x Service Agreement for Airtime only (Calls, Texts & Data etc) and 1 x CCA for a Mobile Phone Handset / Tablet Device - "Device Plan" - Your monthly bill is 2 separate costs which form the "Monthly" tariff you pay which would equate to the "Service Agreement" Option above.

 

This provides a lot of flexibility allowing customers to upgrade early and their tariff automatically reduces after paying off the handset device cost on its own to the airtime agreement. Useful if after 24 months you want to keep the same tariff and dont have to adjust the tariff to get the best deal.

 

We could do with some help from you.

 

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**Fko-Filee**

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Which companies do these?

 

Currently we know of 3 companies

 

O2 / Telefonica

Virgin Mobile

Tesco Mobile

 

---------------------------------------------------------------------------

 

They all operate their own Terms and Conditions for said contracts which vary across revisions etc

 

Virgin Mobiles - HERE

O2 - HERE

Tesco - HERE

 

---------------------------------------------------------------------------

 

Costs look like this;

 

Representative example

 

Duration of credit agreement - 24 months

Upfront cost - £0.00

Monthly device payment - £19.00

Total Credit amount - £456.00

Total amount payable for device - £456.00

Interest rate (fixed) - 0%

Representative APR - 0%

Device cash price - £456.00

 

We could do with some help from you.

 

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**Fko-Filee**

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What to look for on my CRA?

 

Mostly, there should be either 1 or 2 entries on your Credit File for these accounts.

 

1 is for the Financing of the handset @ 0% APR mostly

The other is the Airtime Plan. Depending on how many accounts / contract you have with them, you could have a large quantity of telecoms accounts appearing on your CRA.

 

This may trigger a negative result to your score so please be weary when taking out these deals. While scores are for the most part a guideline, having 2 extra accounts could be detrimental to your chances for credit in the future if not well managed.

 

---------------------------------------------------------------------------

 

What happens if i default on my contract?

 

This will mean that the company will be liable to send you a default notice to remedy the arrears under the Consumer Credit Act Of 1974. However this is for the Handset Finance agreement only.

They will also send you a further letter confirming that your services may be cut off / have been disconnected and find you in default of the agreement that you signed up to for the Airtime Plan.

 

However be aware that for the Airtime Agreement - There is no law and this is NOT subject to the Consumer Credit Act.

 

We could do with some help from you.

 

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