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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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Mr Cheddar Vs Lloyds TSB


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Doing this on behalf of hubby who had a PC phobia lol!

 

Got a letter few days ago regarding an account he had about 5 maybe even 6 years ago....from Thames Credit

 

Amount isn't large and can only be made up of charges applied to the account. So I presume I am right in sending a letter to the DCA saying account in dispute etc And then starting the reclaim process with LTSB?

 

We don't know the account number or anything but the letter from Thames Credit states an agreement number that could be it...anyone know??

 

TIA

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Hiya,

 

If there is any possiblity the debt is over 6 years old it may be statue barred, as such the burden of proof is on the DCA/creditor to prove otherwise, I would send the following letter to them

 

 

 

Dear Sir/Madam

 

I ACKNOWLEDGE NO DEBT TO YOU NOR ANY COMPANY YOU PURPORT TO REPRESENT

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

 

 

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Yeah i'm trying to rack my brains to see if it is Statute Barred but i'm not 100% sure tbh :( hubby didn't keep any documents....

 

Keep in mind it's up to the creditor prove it's not, unless they can provide evidence of the contrary they haven't a leg to stand on!

 

regards,

shane

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Whoo take it back hubby just thought of something and we reckon it is 6+ years...I'll get the SB letter sent off asap :D Saves having to go down the charges route cos thats simply all it is made up of. :)

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Saves having to go down the charges route cos thats simply all it is made up of

 

Thats good to know, if by some sliver of a chance they can prove their was contact/payment within 6 years (highly unlikely) you then have this to fall back on!

 

kind regards,

shane

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  • 1 month later...

Okies Thames have now sent a letter saying something about wanting to make sure we're right and to ring them etc etc getting more info from hubby and stuff, will have a look round the site but presume I just tell them to contact lloyds if they want any info and his previous letter still stands?

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Sure thing:

 

We write in reply to your recent letter.

 

We appriciate the comments you have raised and we are anxious as you are to resolve this matter in order that we may investigate this further and update our records accordingly, we would be grateful to recieve some additional information from you.

 

Please phone us to speak to our specialist department, as we need to ask you some questions to establish ownership of this account. We need to ascertain any previous address/es where you have resided that may be applicable to our enquiry.

 

As soon as we recieve the information you provide, the account will be investigated and if appropriate your name removed from our database. It is therefore important that you contact us as soon as possible so that we may update our records. We are unable to amend our records without talking to you further.

 

Usual nonsense I've seen before, just can't recall how to throw it back at them, btw i have never and will never ring any such company or give out our number and neither has or will hubby :D

 

Also hubby is really really sure this is statute barred and again we know for a fact this amount is all going to be made up of charges anyways, thanks for having a look at it for us :)

 

Cheddar

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  • 2 weeks later...

Okies so Thames have come back to say the debt was defaulted in 2004 so looks like hubby was way out on the statute side of things tsk....

 

But I know for a fact the entire amount 'owed' will be charges, so will do my reading up on what to do next, haven't claimed anything back since test case, will keep you informed :)

 

ched

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  • 3 weeks later...

Okay so i think i am right in that we claim as normal as see where it goes? I can't see anything being said to the contrary, need to get some printer ink and then i can print some letters out and get started, I presume I will also need to tell the DCA the amount 'owed' is in dispute?

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  • 2 months later...

Okies well sent off the SAR a bit ago and got a reply last month saying that the ref number from Thames was incorrect, they cannot find the account details and we need to provide them with an account number and sort code.

 

So it seems they are unable to locate, I think my only option is to write back giving them some more details as hubby has no paperwork relating to this account...

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