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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?
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ESA appeal, really angry at what a Nurse sent, my reply - ***Vindicated***


HadEnough
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thanx Emma, only 2 hours to go now, not all that nervous really probably because i'm not all that concerned about winning.

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Thanx Gizmo, it went my way, got 18 points and support group. The welfare rights guy said it was the easiest appeal he'd done, he had nothing to do and that my prep was excellent.

thanx all for help and support

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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I don't know how you go about changing thread titles but if someone does then could you change it to "Vindicated" and not Won, i've won nothing, I've only cleared my name as far as i'm concerned.

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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I am pleased to hear that mate, well done. It is a nightmare when you know something is wrong with you and you want to get it fixed, but then having to deal with all this stuff on top of it.

 

Im still waiting for my appeal papers to come out.

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I don't know how you go about changing thread titles but if someone does then could you change it to "Vindicated" and not Won, i've won nothing, I've only cleared my name as far as i'm concerned.

 

Hello HadEnough. I'm pleased for you and well done. I think to change your thread name you may need to contact the site team and ask them. If you don't already know, you click on the triangle at the bottom of one of your posts.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Well done, HadEnough. You deserve your vindication. If only they got an administrative equivalent to a slap for every one of these "assessments" that they get "wrong". There is no real justice.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Glad you got what you are entitled to - just a shame that you had to go through this farce to get it.

 

Thread title amended as requested.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thank you all so much, I guess i feel a bit let down, i expected to feel joy or a sense of victory if i won and i don't. There should be some sort of fallout for the HPC's and DM's but there isn't and thats the real injustice, no-one is going to learn from this when they should be, so it'll keep happening.

The judge basically said that the medical and therefore the report the decision was based on were fatally flawed, they had ignored compelling medical evidence, and all they would decide on were my answers to a few questions concentrating on just 2 descriptors, awarded 9 points for each.

The Judge and Doctor were as i'd expected, all business, but not pushy and they explained everything as they went along. When I went back in for the decision the doctor said it was a pity i had gone through this when what i needed was support, he said that it was obvious i was doing everything i could to help myself and the report "seemed to penalise me for that". :-)

I'd say to anyone who is thinking of appealing then do it, if i can "win" then anyone can, it's not as bad as you'd think, if you can see the flaws in the report so will the panel, use the sticky by HB (I think/hope) as a starting point, point out were the report is contradicting other medical evidence or even what they've wrote earlier in the report, as they did in mine, once you discredit the report then it's only a case of getting enough points from the panel who DO take into account your GP's and Specialist's opinions.

The only thing i wish i'd done differently is i wish i'd sent the letter in on page1 of this thread, because there were a couple of comments made, which i couldn't answer which i had covered in that letter, I feel that if i'd sent it then it would've been even easier.

Thanx all once again.

 

Ps. just realised I now have a deposit for somewhere to live, now i feel better8)

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Hello

 

Congrats!!!!!

 

By the way did they indicate when you are to be re-tested by ATOS? Apparently ATOS at your medical will have indicated to the DWP when you are to reviewed again, unless you asked the Tribunal to fix a date or time different to that.

 

And then the whole damn thing starts over again!!!

 

Gemma

x

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Hi Gemstar, no mention of when my next medical will be, i told the welfare rights guy that i wasn't all that bothered about winning because either way i'll have another medical within a few months and he agreed, but as he pointed out, i have now been through the whole process so i should be able to avoid the medical by putting the correct info in the ESA50, this is where we need to concentrate our efforts so we avoid ATOS altogether, I think he's wrong because they seem determined to get everyone off benefits no matter what, but time will tell.

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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They're under pressure / orders to trip people up full stop - The Government denies they are financially incentivised so you can read that as they are . There's orders to get the bill down and put people on JSA & fail 75 % , come hell or high water . I've dealt with ATOS Origin at work ....a shoddy amateurish & corrupt cowboy outfit .

 

They had the IB people in Burnley for medicals , 80 % of those failed won their appeals . They use US Medical Insurance Software called LIMA .....basically the idea was to wriggle out of paying for claims ....no matter how vague or obscure the grounds were .

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