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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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letter from Dial4aloan/swift advance?! re plevin claim


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A few years ago my husband applied for PPI refund from a loan with swift advance, although he was definitely mis-sold it his complaint was rejected eventually via the Ombudsman as nobody wanted to take responsibilty and the correct file(s) couldn't be found with the appropriate details,he feels the ombudsman let him down big time but heyho, who is he?:mad2:

 

He recently received a letter (I couldn't upload it for some reason)stating "In line with the Financial Conduct Authority policy statement PS17/3 issued in March 2017, you can now make a further complaint against Swift Advances PLC (swift) under s.140A of the Consumer Credit Act 1974, in relation to its failure to disclose commissions associated with the PPI policy which was sold to you"

 

We are not entirely sure how to pursue this, any advice, links, info would be hugely appreciated. Thankyou. Dawn

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It would certainly help if you uploaded the letter in PDF format. You don't say who the letter is from.

 

Section 140 A of the Consumer Credit Act is about the exploitation of and unfair relationship by the dominant partner

 

140AUnfair relationships between creditors and debtors

 

(1)The court may make an order under section 140B in connection with a credit agreement if it determines that the relationship between the creditor and the debtor arising out of the agreement (or the agreement taken with any related agreement) is unfair to the debtor because of one or more of the following—

(a)any of the terms of the agreement or of any related agreement;

(b)the way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement;

©any other thing done (or not done) by, or on behalf of, the creditor (either before or after the making of the agreement or any related agreement).

 

Basically it seems to suggest that there was a failure by the seller of the PPI to disclose to you that they were earning a commission on the sale and would therefore not be impartial. This will be a basis for saying that the PPI has been mis-sold

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yep ref the plevin case.

 

he could be quid's in here.

as this is swift its quite interesting

though I suspect its dial4 as they were the brokers and pocketed the commission

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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Thanks for the reply and my late.late reply. I am absolutely useless with computers and I have no idea how to upload in pdf, sorry.

 

This was his issue last time.

 

The letter was from Dial 4 a loan but stating to contact Swift regarding this issue and gave him Swifts address!

 

a feeling he will be bouncing around everyone again!

 

Sorry to both of you for the late reply,

I was confused as to how to get back to my thread for replies!!!

 

Doesn't take much.

 

Appreciate the answers though.

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read upload

 

but you have replied to them ?

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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No not as yet regarding this Plevin commission claim,

 

I wondered if there was a certain way I should reply/claim and, although D4AL said to send the claim to Swift

 

I wondered if anyone had any other advice on who is culpable. Thanks

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plevin claim against the creditor

let them sort it out.

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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