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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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    • 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.

      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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Please be aware that having complained to RBoS about charges and asking nicely to have them returned or even partially returned I was told in very short order that it was in the terms and conditions, I therefore wrote to them using my telephone call as a reference and also sent the S.A.R. (21st Dec).

 

On 29th of Dec I received a letter from the Consumer Relations Unit signed by "Jonathan Beckett" saying sorry unable to resolve complaint I have ordered duplicate statements covering the period which you will receive shortly, these will be provided free of charge.

 

On the 3rd of January they bounced another two DD's saying that the cheque I had paid in would not be available as cleared funds until the end of that working day, however I had already made a withdrawl of some of the cheques funds from a cashpoint machine earlier that day. I complained again and have today received exacltly the same letter from the same person.

 

Whilst the S.A.R. expiry date is 31st January I realise there is little I can do before then. but it may be of interest to you and an earlier thread that in the Data Protection Act 1998 Chapter 16

16. - (1) In this Part "the registrable particulars", in relation to a data controller, means-

    (a) his name and address,

    (b) if he has nominated a representative for the purposes of this Act, the name and address of the representative,

      Therefore under this part of the act we should also be able to apply to RBoS for this information to go with any complaints that they are not providing the information correctly and then Judge Forrester would have been able to order the inprisonment of the data controller which might just focus the attention of the banks.

       

      I hope this may help someone.

       

      My only regret at this stage is that I work abroad on a 28 day rotation and will not be in the UK from next Sunday so I will not know if they have delivered the information I have requested or complied with the S.A.R. until I get back.

       

      Non - Illigitium - Carborundium.

       

      Or loosely translated "dont let the Barstewards grind you donw"

      Follow the process and we will win

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