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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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Jambo Piper
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Hi I dont know if its just my computer but the letter isn't showing!

Can you try posting it again?

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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Having looked at my original post again, it doesnt really give much away, so just to clarify -

I noticed on my credit file that I have one default, from GE Cap, registered on July 2003. The deliquent sum is only £112

(but at that time it might as well as been a million - I was in so much difficulties.)

Now, having recently obtained a cred report as I am now going to be a daddy, and desperatly need to get a mortgage, this default is jumping out like a big flashing beacon, and along with a Decree registered in 2005, is pretty much stopping me from using a main stream lender. The Decree is in hand, as I discovered that it has been wrongly entered as the debt was paid in full within the 28 day period - the ball is rolling to have it removed.

But this default, what can I do?

I sent the above letter, but to date I have had no reply, nothing. I could pay the £112, but since GE Cap have never been in touch since 2003, Im not really wanting to open a can of worms if I dont need to, Im not even sure how I would go about paying it. The second fear, if I did pay it, and they decided to mark my file as 'satisfied', it would end up being on file for another six years, satisfied, but a default none the less.

So my line of thought is, if GE Cap couldnt provide the CCA, then that would make the dedt unenforceable. If its unenforceable, then there must be a way of having it removed from my Cred file altogether? Hence the letter being sent to them.....

 

So to sum up -

Im I better trying to persue the credit file cleaning route, or just pay the £112 and live with the consequencies of a satisfied default for the next 6 years?

Any help would be gratefully appreciated.

JP

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