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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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Could really do with some advice please!!


Windywoo
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I try to make this as brief as possible!

 

Firstly, we owned our house outright, the mortgage was paid up in 2007!

 

My OH, because he had some commitments which needed addressing decided to remortgage our home in October 2011, this was with Satansbank, I was not very keen on the idea, but went along with it, and the mortgage is in his name only!

 

Being self employed, payments from customers were, and still can be sporadic, and he fell into arrears twelve months ago. The lender took him to court but as he was able to pay all of the arrears off, the hearing was adjourned indefinately!

 

He fell behind again, but have managed to pay a vast proportion of the arrears off, but it was fast tracked to court on 2nd April, whereby the lender has a 28 day possession order which my OH agreed to. He agreed to pay a sum within 14 days, which I have done this morning, and the rest (one CMP within the 28days which I will do on Friday), thus bringing the account up to date and the next payment due on 28th, all negotiated with the help of the duty solicitor.

 

Now, what I am concerned about is, because there will be no arrears on 30th April, will the order still stand - I realise they cannot go for eviction, but it's like a dark cloud hanging over your head, worrying, that put a foot wrong and they can issue a warrant!

 

The ironic thing is, the mortgage was taken out over five years, we are over half way through, and the house is worth 10 times more than is outstanding. Is there anything we can do to sort this out, it will be over my dead body, these vultures will get my house!

 

Satansbank are the absolute pits to deal with, as is their solicitors HL interactive.

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Hi Windy

 

So ideally a suspended possession order is the key

 

When possession cases come to court lenders usually ask for a "28-day possession order". This will entitle the lender to repossess the property after 28 days. If the lender's case has been put together properly, and nothing is said on behalf of the borrower, the judge will usually grant this. However, the judge does have a wide range of powers which allow him to postpone possession either by adjourning the case, by granting a possession order for a longer period or by granting a suspended possession order.

 

To make a suspended possession order the judge has to be satisfied that the borrower can pay at least the monthly instalments due under the mortgage plus an additional monthly sum to clear the outstanding instalments, or arrears, over a "reasonable" period. The judge will want to know about a borrower's income and expenditure so that he can decide what is fair in the circumstances. He will need to strike a balance between what the borrower can afford and the lender's entitlement to get their money back.

 

Regards

 

Andy

We could do with some help from you.

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Thanks for your quick response Andy,

 

So what we are saying is, because there will be no arrears, we have to take it back to court to get the order varied?

 

I think we may get a solicitor to sort this out - 29 more payments and it's finished with!

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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