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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.
    • 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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PayDay Loan - County court


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Once a loan has defaulted CONTRACTUAL interest cannot be charged at a ursury rate, which is what they are trying to get away with. Basic breach of contract law there.

 

I don't believe in 'going for the full legally pleaded defence' when it is blindingly obvious the particulars of claim are enough to cause the company nightmares.

 

We need to know the legal team dealing with this as this again gives us vital clues as to how to do the defence.

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Really appreciate your help on this and I thank you for doing a defence for me, real shame it has posted on here. Cant work out why. Does anybody else have any ideas or can anybody else help me with a defence as I am running out of time. Many thanks!

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Where are the Particulars of Claim guilfoyle? ..if you could re post.

 

Regards

 

Andy

We could do with some help from you.

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The particulars of claim are -

 

"Repayment of short term loan paid direct into the defendants bank account on 25/01/12. repayment due on 28/02/2012, loan not repaid on due date by defendant as per loan areement.

Proactive written and telephone attempts to communicate with Defendant as per loan agreement has failed to achieve resolution, repayment or acceptable repayment planlink3.gif. As per our loan agreement a daily rate of interestlink3.gif has been charged since default."

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Site team have now been informed I am no longer taking an active role in this part of the forum - I am not legally trained and am not putting in legal stuff in defences as it often leads to further problems I cannot help with.

 

Sorry but this is now the third time a particular site person has intervened on something that was not needed nor commented or reported on as being a problem.

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Site team have now been informed I am no longer taking an active role in this part of the forum - I am not legally trained and am not putting in legal stuff in defences as it often leads to further problems I cannot help with.

 

That's a very sensible decision.

 

Best wishes.

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Guilfoyle I will draft you a suitable response shortly...just bear with me.

 

Regards

 

Andy

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We could do with some help from you.

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Just to enlighten you, "1st Stop" pay day loans took me to CC and tried to take all the money from my wages - I wrote back to the CC and it was agreed I pay them £20 per month.

 

So, "1st Stop" have taken me to court, but surely I can't be the first that this has ever happened to?

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Take a read of this thread for now Post#39 contains the defence...then we can finalise a draft.

 

:- http://www.consumeractiongroup.co.uk/forum/showthread.php?362955-safe-loans-court-papers-issued-20-08&p=3989451#post3989451

 

Regards

 

Andy

We could do with some help from you.

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What date is on the summons guilfoyle?

 

Andy

We could do with some help from you.

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You have until the 4th December to submit your defence ( 33 days ....2nd Nov) 5 deemed served so 28 (14 to AoS and a further 14 to submit your defence) =4th Dec.

 

 

Regards

 

Andy

We could do with some help from you.

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Hi Andy,

 

Thanks for the link, I've had a look over and still unsure how to start my defence. Are they allowed to charge the interest they have? and also can I mention anything about the harrasment phone calls each day at my place of work and the fact they told the customer service people where they were calling from etc?

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Hi guilfoyle

 

Every defence is unique as is every Particular of Claim...we can run through the finer detail next week... don't worry about the draft for now..just gather as much information as you can..history/paperwork..I will sort the draft defence for you.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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