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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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    • 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.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I received a letter from RBS on Friday in response to my Letter before action offering me the full amount for the charges on my old credit card but refusing to offer me either the interest I've asked for or the return of my £10 Subject Access Fee. They actually enclosed a cheque for £364 in the post. What should I do? The interest at 8% which I asked for - the standard amount I could claim for in court amounted to £166 so this is a substantial amount of money. The reason they gave for not offering it suggested they misunderstood what I was asking for, despite my having included a schedule showing the charges and interest. The letter stated that I had incorrectly worked out the amount I had been charged for interest on the fees and they were giving me that back - about £3 - whereas I was actually asking them for my interest on the money I would have had if they hadn't have charged me, if you get my drift. I am entitled to ask for this aren't I? And for the subject access fee? Can someone confirm just before I reply? I want to be sure I've got my facts right.

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Further to this, I've just been reading that you can only apply the 8% interest once you file a court claim, not at the Letter before Action stage. Does this mean then, that if RBS has settled the charges in full but has refused the 8% interest and Subject Access that I have no right to take them to court for the interest? Seems strange that the Court says I'm entitled to it but I can't ask for it if the bank settles the charges before the court claim. Can someone clarify this please?

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Can someone help with this? I just need confirmation that you can only apply for 8 % interest at court claim stage - why is this?

 

Also, can I only ask for the subject access fee at court claim stage?

You can only claim the 8% at the court stage because thats what the court say you are entitled to so under Sect 69 courts act.

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