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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.
    • 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.
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Motormile - Fresh Default on CRA ?!!


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I have just checked my credit file today - having not checked it for months as ive not needed to and found a default in july 2016 placed on there by Mototmile Finance!! I was shocked.

 

After some investigative work I now know it was a cash genie loan from 2012, which defaulted in 2012!! There is no mention of cash genie on my credit report at all. There used to be but it was removed last year, i'm not sure why but might have been when they went into liquidation??

 

So i thought that was the matter over......and now Motormile have put a fresh default on there?? I know they are currently carrying out a redress (discovered after some research online) but how do i know if this will qualify and the default be removed?? Or should I write to them and go about this some other way??

 

Legally they cant add on a 2016 dated default surely?? I am livid to say the least.

 

We are about to look into mortgages as first time buyers and have painstaking saved up a deposit and this could now cause major problems obtaining one....or basically we will get flat out no's.

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Hi and welcome to CAG,

 

Legally, NO! MMF cannot place a new default-period!

 

The CashGenie default from 2012 should remain and MMF could change the name of the creditor to their own name but the default dates MUST remain the same.

 

As it stands, the default should have fallen off your file next year but as MMF have unlawfully placed a new default, you could be in limbo till 2022.

 

Complain!

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 2 weeks later...

My partner had similar with a PDL from 2013, default registered in 2016. I sent recorded letters with no response and contacted the FCA back in July - I have today received a response that they agree the default should be backdated!

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