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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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Halifax / Blair, Oliver and Scott Limited COURT ACTION


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ARGH!

 

Please can someone here give me some advice i'm pooing my pants at them moment!

 

i have received a letter from Blair, Oliver and Scott Limited which reads as follows (i havent put it all in just the important bits):

 

---

 

Dear Sir/Madam (surprised they dont know my sex if they are getting ready for court action)

 

In a big box it says

NOTICE OF INTENDED COURT ACTION

Sum claimed ~£8000 Due by 08-02-2010

Account number xxxxx

 

Formal notice is hereby given that our client has instructed us to commence court proceedings against you without delay.

 

Papers are now being prepared for commencement of action through your local court to seek a judgement against you.

 

it goes on to explain about if im a home owner they can put a charging order on the house.

 

 

YOU MUST MAKE PAYMENT NOW TO STOP ACTION BEING TAKEN.

 

---

 

I did a CCA request to halifax back in august 2009 and only got a reconstructed credit agreement with no sign of credit limit or any signature.

 

I have been paying halifax through the CCCS under a DMP for months now as much as i can afford.

 

I have just moved house into a different rented property (landlord of old place needed it back as their house fell through) so i wonder if this has sparked it off?

 

what do i do now? I was thinking of a SAR to halifax to prepare myself for court so i at least know where i stand?

 

has anyone else had dealings with this company? i have only ever had one other letter which i promptly replied to and told them to contact CCCS as i am paying the money through them (my payments get acknowledged on my halifax credit card statements each month)

 

Why take me to court if i am paying all i can each month?

 

 

sorry it was a long post!

 

James.

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I received that letter from messers blair oliver scott. Mine was worded exactly the same as yours. It's the standard template letter those bullies send out to scare and intimidate.

 

DO NOT SPEAK TO THEM ON THE PHONE!

 

The only reason they want you on the phone is so they can scare and intimidate you some more.

 

It's their standard scare tactics. Just carry on paying through CCCS. Your doing the right thing. Write to them reminding them that your paying through CCCS and that all future letters be sent to CCCS.

]

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Hi james , just another threatogram , B O S are the in house DCA for Halifax. In my case after BOS did not get any monies from me from the usual threats they did put case over to solicitors , only then did court action commence. hope this helps. If you are paying all you can afford and are not a home owner then I don't see how Halifax would benefit from court action.

sleepingdog

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Couple of points,

 

As has already been mentioned Blair Oliver & Snot are SmellyFax' own in house DCA, Bank Of Scotland!

 

The letter you have received is computer generated and has had no human input whatsoever, well short of the potie shoving through your letterbox.

 

Was this an unsecured loan or Credit Card?

 

Have they issued you with a default notice? They must have done. If so, scan and post it up on here removing ANYTHING that ID's you, ref,numbers, addresses, bar codes etc.

 

Have they terminated your agreement? If so see above.

 

When was this agreement taken out, and when was the last payment made on it?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi

 

it's a Halifax credit card opened around 1999 ish.

 

I haven't had the account closed yet but I guess this is iminent!

 

I was defaulted a few months ago but to be honest i don't think I have the letter anymore.

 

I paid them this month and have been paying every month reduced amounts since my wife lost her job a year ago. Before then all her wages went on credit cards as I have 10 debtors who each now get a fair cut of my income.

 

I have been looking into an iva as this seems to be a never ending spiral of dcas chasing me and the balances never really going down.

 

James

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I was thinking of the sar approach as the account is so old this should get any dca off my back and I can continue to make reduced payments until I sort a more long term soulrion out? Any thoughts?

 

Thanks so much for the help already thank god for forums like this!

 

Power to the people!

 

James

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As long as you are making payments which you can reasonably afford on these accounts, then legal action is not going to out in an appearance.

 

Even if all you can afford is to pay them £1 a month, then no judge would make you pay any more than what you could reasonably afford anyway.

 

What are the other accounts?

Circa figures outstanding, age of accounts, who with etc.

 

As for this one I believe they will have sent you a defeault notice, and if you still don't have it then the only way to get a copy would be to SAR them, but this will cost £10 and they will possibly turn round and say that with no signature they do not have to supply the info, all incorrect of course but, IMO I would CCA them first, send £1 P.O send it recorded delivery also, in the meantime, DO NOT engage with them over the phone, UNLESS you are able to record your phone calls?

 

Keep everything in writing, and start collecting all the correspondence they send you, including the envelopes they use, and file them.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi

 

it's a Halifax credit card opened around 1999 ish.

 

I haven't had the account closed yet but I guess this is iminent!

 

I was defaulted a few months ago but to be honest i don't think I have the letter anymore.

 

I paid them this month and have been paying every month reduced amounts since my wife lost her job a year ago. Before then all her wages went on credit cards as I have 10 debtors who each now get a fair cut of my income.

 

I have been looking into an iva as this seems to be a never ending spiral of dcas chasing me and the balances never really going down.

 

James

hi james are you seeking help for all of your debtors,as maybe if you now go for all of them the threat of court action in the foreseable future may not be so alarming!

if you can see how many of your debters have enforceable / unenforceable cca,s then you can re-evaluate what your paying them all from your very tight income." just a thought".

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