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    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • 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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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j-dub vs Egg card


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Hi J-dub.

 

That would be very helpful if yoy could let me know the other lines of defence. I will up date you on any progress i make. I cant find any threads where someone has been to court with Egg , have you seen any. I would like to know if the aproved limit error has been tested.

 

Maybe we are the first. Drydens seem very bullish.

Hi Ronlook at PTs thread 'egg card agreements and what i think is wrong with them'
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Hey J-Dub

 

I'd be interested to know who the companies are that are dealing with the legals for you. My pre 1999 Egg card has just been passed onto to Cabot.

 

Cheers

Support this great site where free invaluable advice is provided.

I've saved £1000's because of this site...so could you.

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Way-hey! Got a letter today from my Solicitor and Drydens have told him that they wish to fast track the case to make it lower on court costs, but that they accept that the court is going to find that the agreement is unenforceable and they're not going to contest that! :) My solicitor has told them that he DOESN'T want it fast-tracking, as if we go down that route, we can't get them to pay for removing the CCJ they have against me, and it also severely limits the legal costs we can claim back from Egg/Drydens which we don't want to do as it'd mean that I'd probably be out of pocket once we'd got the CCJ removed...

 

Anyway, it's good news... next court date is the 22nd December, so I'll update after that... :):D:cool:

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Hi J-dub.

 

It all sounds very promising.

 

Why don't Drydens just drop the case if they know its unenforcable ?

 

I have been dealing with them recently and they are far from stupid.

 

How much will it cost to remove the CCJ , I would think it would be a fairly small sum for admin charges.

 

My solicitor was going to fight them on a technicality which would have got it thrown out , but they could have corrected the mistake and filed a new claim straight away. The costs my solicitor was talking about was in the region of 6K for him , lord only knows what Drydens would have charged if we lost.

 

Can your solicitor get insurance to cover costs in the event you loose ? Its worth considering if he can. It also means an insuran underwriter has looked at your case and feels its winable ( no guareentee ).

 

I have read dozens of threads on here and I think what appears to be a straight forward case can be lost in court if the court is sympathetic to banks / financial institutions.

 

There are many cases on here where the banks have won even where there is no CCA ! Which is totally wrong , but if the judge feels that way then it can happen.

 

I dont mean to be negative , but realistic. Has your solicitor advised of the fees involved if you dont win ?

 

I have searched and searched and only found one mention of people winning with approved limit angle. That was PT who says he has won 5 cases. The should be a test case soon which should be before December , lets hope that goes well.

 

Cheers Ron

Debts settled £135K

discount so far £68K :)

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Hiya Ron,

 

I have insurance (now for all three of my card claims!) which has been sorted out by my solicitor, and all three claims have been looked at by barristers and a retired judge who all agree with my solicitors arguments against the cards (different for each card)... The cost to me if we don't win is the balance on the card, and that's it... :)

 

I have details of another case which was won against Egg with exactly the arguments we're using including case names and reference numbers which will be mentioned in my case.

 

From what I understand, we're now taking Drydens to court to get the original CCJ overturned... I'll post more details up when I have them and fully understand them in case they will help anyone else...

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Hi

 

Great.

 

I understand now. Egg/Drydens have already registered a CCJ against you and now you are getting it removed. Well done.

 

As you say the insurance will pay for everything so you can rest easy that if you get a couirt that favours banks you will only owe the balance on the cards.

 

If you have case names and numbers it would be very useful for me.

 

I have agreed verbally to settle with Egg, but I have not signed anything yet or paid any money. If you dont want to post them up here you could private message them to me.

 

Also the name and number of your solicitor would be good , does he need more work. If you dont want to post up here I will pm my number to you to pass to your solicitor if he wants some more work.

 

Your Egg agreement looks identical to mine and all the others on here.

 

Good luck for the 22nd.

 

Cheers Ron

Debts settled £135K

discount so far £68K :)

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Hiya Ron,

 

I have insurance (now for all three of my card claims!) which has been sorted out by my solicitor, and all three claims have been looked at by barristers and a retired judge who all agree with my solicitors arguments against the cards (different for each card)... The cost to me if we don't win is the balance on the card, and that's it... :)

 

I have details of another case which was won against Egg with exactly the arguments we're using including case names and reference numbers which will be mentioned in my case.

 

From what I understand, we're now taking Drydens to court to get the original CCJ overturned... I'll post more details up when I have them and fully understand them in case they will help anyone else...

nice one j-dub a weight of your mind and hope to others .
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  • 3 months later...
  • 6 months later...

Well, there's been a lot of changes in the law since I started this thread, so time for an update...

 

The company I was dealing with has shut down due to the court decisions late last year/early this year meaning that their business model no longer worked... They were a subsidiary of a large Manchester based firm of Solicitors, so I do have some comeback, but I've never paid them a penny, so haven't lost out, unlike those unfortunate enough to have tried this with Cartell...

 

An agreement identical to mine above has been found to be unenforceable by the local courts, but Egg then passed it onto a higher court whose judge (in his infinite wisdom :-x ) sided with Egg, meaning that, although the original court judgement was very critical of Egg and their agreement, it's now become an enforceable agreement again...:mad2:

 

I don't have the exact case notes etc to hand at the moment, but I do have a full breakdown from my solicitor which I'll post up notes from during the week...

 

Basically, unless my solicitor and the barrister for the case that went to court can come up with something interesting to argue with, it's looking like I'm going to have to pay this lot back...:|

 

I'll update with info about the case that went to court during the week and with any other info I get....

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