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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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Moongarden Vs Lloyds TSB and now 1st Credit


moongarden3
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I did a bank charges case against Lloyds TSB, went to court on 20th April 2007 and won the case.

 

At the time of the court date the account in question was overdrawn by around £700 mostly made up of charges. Lloyds didn't turn up at court and shortly afterwards I received a notice from the courts saying "it is ordered that 1. The Defendant pay the Claimant the sum of £2878.88 2. There be no order as to costs". By September 2007 I still hadn't received the money from Lloyds - no contact from them at all despite me chasing - so it was back to the court, pay £55 quid and they sent in the bailifs and a couple of weeks later I got the cheque.

 

The account has been frozen since and is on my credit file as a Default.

 

Recently I have been contacted by 1st Credit chasing £887.99 which I dispute - what do I need to do next?

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well if the account was overdrawn, as you said most of which was charges then when you got your cheque would that not have included what you owed, so in retrospect you should have cleared the balance.

 

if your claim did not include the overdrawn balance then you should have started a second claim and advise the bank the account was in dispute.

 

no sure what you can do about it now but i am sure someone will be along soon with some more useful information.

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hi Bosboy,

 

yes I think I should have cleared the balance at that point - I thought they could just close the account and send me a cheque for what I had won minus what I owed them (like I requested!)

 

i currently have another case pending against Lloyds which is on hold.

 

My main aim is to clear the debt and have it removed from my credit file - i could try settling with 1st Credit?

then i think i might have to go back to court to get it removed from my credit file as it was the charges which made me overdrawn.

 

i'm just hoping to see if anyone has any advice for me?

thanks

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if you have the money you could try to bargain with them, tell them you will make one full and final payment only if they agree to remove the default.

 

get this in writing before you pay.

 

you could also try going down the route of unjust default, what with the ongoing high court test case.

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