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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.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      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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      Many thanks 
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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warrant of eviction


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hello ell-en just been down to court and been given a date 5 days before eviction. it worry me as if i lose case i wont have enough time to organise a move. can i get the date sooner asked lady in court but very unhelpful thanks

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Hi there, I can understand your concern, but based on the information you have given I would be very surprised if you did not get the eviction suspended. Judges do not want to put people out of their houses if there is a good chance of them making payments towards the arrears.

 

You say you have made a payment of £1430 and another one for the same amount today? How much of these payments were towards the arrears?

How much is your normal monthly payment?

 

Kind Regards

 

Ell-enn

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my normal monthly payment are £1380 so paid £50 but made numerous payments of £100 so the order the courts made i year ago is met. but missed a couple of payments. my arrears after these payments will about £4800. do you think this wil be problem do i need to pay more

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Hi, you should continue to make any payments you an afford to between now and the hearing, but if your arrears are now £4800 I don't think you'll have a problem. When is your next normal payment due?

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Hi, if you make the payment before the hearing it will reduce the arrears, but your payment on 1st August will still be due on that date, and if you don't make it you will be in arrears again. You should only make payments towards the arrears if you have surplus money before the hearing date.

 

I honestly think you will be ok - you have an income and can show the judge you can afford the extra payments of £150 per month. You have also reduced the arrears in the last week which will go in your favour.

 

Kind Regards

 

Ell-enn

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

 

 

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Hi there, if you make any payments before the hearing, let me know and we'll do an up to date statement for you to take to court to hand to the judge.

 

Have you asked GMAC for an up to date statement? that would be helpful to take to the hearing.

 

Also, remember to get the transaction numbers for any payments you make.

 

I am on holiday next week, but will be back on line on Sat 26th so will catch up with you then.

 

Stay positive, it will be OK.

 

Kind Regards

 

Ell-enn

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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

 

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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Dont forget the payment due on the Ist is in advance not arreas like some GMAC take the money in advance on the Ist of the month you must get a statement from GMAC Im around next week if you have a peoblem I cannot do as ellen does but I fought GMAC for 8 years

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  • 2 weeks later...

whoo hoo just been to court and got aggrement for my offer of paying of arrears. SO A BIG BIG THANK YOU TO ELL-EN AND BONA. THE COURT PULLED GMAC APART FOR LACK OF COMMUNICATION. SO ALL I CAN SAY TO PEOPLE IN SIMULAR SITUATION IS TO GO ON FORUMS LIKE THIS TAKE WHAT ADVISE YOU CAN GET. MAKE SURE YOU WRITE TO MORGAGE COMPANY AND KEEP COPY. AS I FOUND TELEPHONE CONVERSATION HAD CONFLICTING ADVISE. I KEPT ALL MY LETTERS AND SHOWED JUDGE. SO THANKS AGAIN TO EVERYONE WHO HELPED. AND BIG KISS TO ELL-EN (hope your a girl):D

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Brilliant News! I'm so pleased for you - and well done for being brave and showing the judge what GMAC are like.

 

Thanks for the Kiss - (and yes, I am female) :D

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

 

 

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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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