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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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Halifax reposession in 1999


centosboy
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  • 4 weeks later...

Hi All.

 

I have received the SAR.....loads of info in regarding letters sent to me and print outs of the database with traces etc etc.

There is even a database log print out that says

Default: Wilful Refusal to Pay...!!

There is actually no default notice though, but just this log print out.

What else should i be looking for?

DOP date for the default is 27/11/1997

There is even a log that says the debt was written off in 12/12/00 - reason: Uneconomical to continue.

Really confused now :|

Edited by centosboy
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I have also since found out that the reposession was actually in 1997....

Quite hard to make sense of it all as they have mainly sent me print outs of the database logs, but not all the letters that were sent out to match those logs.

I understand some of the letters sent out are automatically generated, and these are the ones that i do not have hard copies of.

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I have also since found out that the reposession was actually in 1997....

Quite hard to make sense of it all as they have mainly sent me print outs of the database logs, but not all the letters that were sent out to match those logs.

I understand some of the letters sent out are automatically generated, and these are the ones that i do not have hard copies of.

its game over statute barred :grin:

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In which case Shoosmiths will already know that it is statute barred - you should ignore any further communication you get regarding this.

 

If they threaten they will take the matter further, you can then write and tell them that the account is stature barred as they very well know.

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Do i have any other ammunition apart from the stat barred thingy?

What about the printout that says the debt had been written off and archived in 2000? I found that a bit odd....and why were all these agencies after me if the debt had been written off? It turns out that these agencies were sending letters to addresses that i had lived in previously...

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Do i have any other ammunition apart from the stat barred thingy?

What about the printout that says the debt had been written off and archived in 2000? I found that a bit odd....and why were all these agencies after me if the debt had been written off? It turns out that these agencies were sending letters to addresses that i had lived in previously...

 

They were probably trying to get you to make contact before it became stat. barred. Personally, I would count this one as a success and let the other stuff go.... it's not uncommon for debts to be shown as "written off" for accounting purposes, yet still get passed to other departments or sold off for peanuts to DCAs as bad debt... :mad:

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Oh - one more thing...one of the print outs of the database log has a tick box that says outside limitation period. I assume this rubber stamps the case??

Sorry if i am sounding dumb - but i just want to be 100% before i reply back to shoosmiths

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The fact remains that it's down to Shoosmiths to prove that an account is not stat. barred...

 

I would write back and say....

 

I do not acknowledge any debt to your company and/or to any company you claim to represent.

 

According to information received in my SAR to Halifax, this account is statute barred and as such, any instructions from Halifax to begin harrassing me for payment are contary to the law. In light of the information I now have in my possession, any further unsubstantiated demands for money will now be reported to the Solicitors Regulatory Authority and any other official body as I see fit and without further notice.

 

I trust that this now clarifies the situation and look forward to your written confirmation that this matter is now closed and that your files have been destroyed.

 

Somthing like that.... by rec. delivery.... Don't give them any information; it's up to them to have it before harrassing you for money in the first place.

 

:)

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Apparently there are many cases that the court has ruled that limitation period starts from the sale date?

 

They are wrong.... and if that's happened to people, they need to appeal it.

 

As a firm of sols., Shoosmiths should know this, but a lot of companies bank on consumer ignorance in matters like this.. It's actually from the date of default and not the repossession date.... which should make your account even more stat. barred than it is.

 

:)

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They are wrong.... and if that's happened to people, they need to appeal it.

 

As a firm of sols., Shoosmiths should know this, but a lot of companies bank on consumer ignorance in matters like this.. It's actually from the date of default and not the repossession date.... which should make your account even more stat. barred than it is.

 

:)

 

 

Are there any recent threads that you know of where someone has used limitations act as their defence and have won?

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  • 7 months later...

Just a quick update.....I took all the documentation to a legal centre for scrutinisation, but they could not really get a clear picture from the documentation sent by Halifax. They wrote to shoosmiths requesting more detail, who in turn wrote to Halifax. This was in June and august last year, but no response. The legal centre has written to shoosmiths again earlier this month. They are requesting valuations etc....all the things Halifax should have sent me, but didn't. Now I wait........

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  • 11 months later...
  • 4 years later...

Thanks for the update.

 

Your case will interest another Cagger who is being chased, so will let them know.

We could do with some help from you.

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Donation to the forum at the month end :)

 

That's great, thanks for letting us know.

 

And thank you for your offer of a donation - it will be very much appreciated :)

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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  • 3 weeks later...

Many thanks, much appreciated.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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