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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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Summons on Referral to Court


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All,

I would really appreciate some advice please as I am worried sick.

 

The following is a rough timeline. I would appreciate any thoughts and advice. Thanks in advance.

• Offence (a) I received a ticket for 25/12/2017

Speeding Westbound 58 mph in a 50 zone

 

• Offence (b) I received a ticket for 25/12/2017

Speeding Eastbound 56mph in a 50 Zone

 

• I declared that I was the driver for both offences and both forms in the same envelope

 

• I then received a fixed penalty notice for offence (a)

 

• I received a fixed penalty notice for offence( b)

 

• I accepted the 100 pound and 3 points for each offence and sent the paperwork back.

 

• I paid 2 x £100 as directed.

 

• I later received a letter to say that I had not sent my Licence. I had indeed forgotten to include my license.

 

• I sent my license and it was returned to me after a few days (I assumed 6 points had been added)

 

• I received no further correspondence from the fixed penalty office

 

• On 30/05/2018 I received a single justice Procedure notice for offence (a) saying that I failed to accept an offer.

 

• At this stage, I checked my driving license and only 3 points were added. It appears that only offence (B) was processed

 

I spoke with the fixed penalty office. They admitted that there had been an error but he explained that he was unable to do anything as it had been referred to the court. He told me to explain to them that I had followed the process at all stages.

 

• I pleaded guilty to the court via the form but explained that I already paid the fine and explained the circumstances

 

• Shortly after I received a refund of a £100

 

I then received a summons on referral to court as the case was inappropriate for single justice procedure.

 

• I am unsure why it was decided that it is inappropriate for single justice procedure. This has not been explained?

Edited by Dewi39
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How many points do you have on your licence (if another three takes you to twelve or more you face a "totting up" ban and so the matter is unsuitable for the single justice procedure).

 

Other than that, I don't know why the SJ declined to deal with your case

 

It doesn't really matter (unless you do face a totting up ban, in which case let me know and I'll explain about "Exceptional Hardship" arguments). I

 

But what you should do is either appear in court for your hearing or make sure you ask the court (by writing to them) to consider fining you at the Fixed Penalty level (£100 and 3 points).

 

If you don't you will probably find yourself facing an income related fine, costs and a victim surcharge. Magistrates have guidance which says this:

 

"Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances."

It's true that the original cause of this was your failing to send in your licence. In view of this the court may "split the difference" by perhaps ordering you to pay prosecution costs. However, I would think not.

 

The ticket office obviously agreed to process your offences via a fixed penalty after this had been pointed out to you and actually did process one of them. Only their error (i.e. "administrative difficulties") prevented them processing the other likewise. I would suggest this clearly fits a "reason unconnected with the offence itself, such as administrative difficulties outside the control of the offender."

 

Personally I would attend court to explain this as these things sometimes have a habit of being overlooked if conducted by letter. Make sure you take a note of that guidance paragraph with you.

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