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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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Cabot/Weightmans Claimform - Old Lloyds credit card***Claim Discontinued***


Craigbadger
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Hi Craig,

 

Thanks for posting it, I cannot load the 2nd page for some unknown reason!

 

Can read that the front is an 'Application' but nothing else on it apart from the fact that the date of signature is the 10th but the executed signature is the 9th! Odd that!

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Hi Craig,

 

Thanks for posting it, I cannot load the 2nd page for some unknown reason!

 

Can read that the front is an 'Application' but nothing else on it apart from the fact that the date of signature is the 10th but the executed signature is the 9th! Odd that!

 

Think its gone dead, will re upload it quick :)

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Just wondered what people have found, I know they should have everything but I cant imagine this being the case with all creditors?, theyve aknowledged and accepted my request in writing and say it will be delivered by the 11th may which I presume means they have accepted my request to send me everything. They managed to dig up an agreement from 98 so hoping they have a fair bit, they do seem to be the most organised of all my creditors ie quick responses and actually responding.

Be curious to see what theyve actually had off me since 96, masses of loans, 2 cards, 3 accounts, several insurances/ppis etc.

 

Infact on that subject, how far back am I able to reclaim for card charges and ppi?.

 

Ive seen some say 6 years(including the mse guide) but then ive seen others say as far back as you have paperwork for.

 

:)

Edited by Craigbadger
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  • 1 month later...

Regarding a Lloyds cca I recieved a while ago.

 

 

I had given up on this being unenforceable but now i'm not so sure.

 

I hadnt done so before but I cut off the borders and lined the 2 together.

 

 

The front page has been date stamped and on the back there is an indentation of a stamp,

but these 2 do not line up right, the stamp on 1 side is clearly an inch higher than on the other.

 

I'm just trying to work out if this means either the 2 are not from the same page

and using photo copies as the stamps would match or 2 it is a stamp where it was in a pile of agreements all being stamped.

The thing is it is a pretty clear stamp.

 

Just trying to explain it really and I might be miles off. :)

 

Here are the chopped scans of the 2. Open them up in different tabs and you can line them up. Ive done so with the originals aswell.

 

http://i1017.photobucket.com/albums/af299/badgercraig/LLOYDS/lloydscca2a-1-1.jpg?t=1274465557

http://i1017.photobucket.com/albums/af299/badgercraig/LLOYDS/lloydscca2b-1.jpg?t=1274465741

Edited by Craigbadger
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  • 3 weeks later...

Hahaha

Not a lot really.

All I noticed was that the date stamp and the indentation on the reverse dont seem to match up.

I have my suspicion it was 2 seperate sheets but dont really wanna test it. Gonna get my charges and ppi back(with contractual 30% interest) and see where I am then. :)

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Hi, i'm going to try and reclaim charges from Lloyds.

These are what ive come up with, interest charged at 30%apr or 2.1 monthly.

Ive not added the 8% yet.

 

Could someone just tell me if they look about right?, this is the first ive tried so still very unsure

 

 

Date of Charge Type Charge Contractual Interest Total

07/07/2005 Late charges 20 66.44 86.44

05/08/2005 Late charges 20 64.43 84.43

08/11/2005 Late charges 20 58.35 78.35

08/03/2006 Late charges 20 50.9 70.9

07/04/2006 Late charges 20 49.2 69.2

08/06/2006 Late charges 20 45.8 65.8

07/07/2006 Late charges 12 26.56 38.56

04/10/2006 Unpaid chq/dd charge 12 23.88 35.88

07/11/2006 Late charges 12 22.9 34.9

07/12/2006 Overlimit in the last month fee 12 22.06 34.06

08/01/2007 Overlimit in the last month fee 12 21.21 33.21

01/02/2007 Overlimit in the last month fee 12 20.54 32.54

08/03/2007 Overlimit in the last month fee 12 19.63 31.63

08/03/2007 Late charges 12 19.63 31.63

10/04/2007 Late charges 12 18.8 30.8

07/11/2007 Overlimit in the last month fee 12 13.95 25.95

07/11/2007 Late charges 12 13.95 25.95

07/12/2007 Late charges 12 13.32 25.32

08/01/2008 Late charges 12 12.67 24.67

07/02/2008 Late charges 12 12.08 24.08

08/04/2008 Overlimit in the last month fee 12 10.92 22.92

08/04/2008 Late charges 12 10.92 22.92

09/10/2008 Late fee 12 7.74 19.74

09/10/2008 Overlimit fee 12 7.74 19.74

09/11/2008 Overlimit fee 12 7.25 19.25

09/12/2008 Overlimit fee 12 6.78 18.78

09/01/2009 Late fee 12 6.32 18.32

09/08/2009 Late payment charge 12 3.42 15.42

09/08/2009 Overlimit charge 12 3.42 15.42

11/10/2009 Late payment charge 12 2.65 14.65

11/10/2009 Overlimit charge 12 2.65 14.65

09/11/2009 Late payment charge 12 2.31 14.31

09/11/2009 Overlimit charge 12 2.31 14.31

09/12/2009 Late payment charge 12 1.97 13.97

09/12/2009 Overlimit charge 12 1.97 13.97

10/01/2010 Late payment charge 12 1.61 13.61

10/01/2010 Overlimit charge 12 1.61 13.61

27/01/2010 Late payment charge 12 1.42 13.42

27/01/2010 Overlimit charge 12 1.42 13.42

05/04/2010 Late payment charge 12 0.7 12.7

11/04/2010 Overlimit charge 12 0.64 12.64

06/05/2010 Late payment charge 12 0.39 12.39

09/05/2010 Overlimit charge 12 0.36 12.36

03/06/2010 Late payment charge 12 0.11 12.11

09/06/2010 Overlimit charge 12 0.05 12.05

588 682.98 1270.98

Edited by Craigbadger
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post the spreadsheet as a pdf

then it might make sense......

 

oto one one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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looks ok

now do 8% each entry in your righthand column from date of charge to date of claim.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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same monthly

 

there is a simple one in the stickys

butthat does the same

it seems to be what the fos use

and those that have coughed already

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Right theyve defaulted me for £150 after asking them for assistance, and seem to of forgotten about £700 charges + contractual interest and 8% simple interest and the mis sold ppi policy dating back to 1998, so as ive been advised to its just a matter of waiting for them to terminate and writing to them and thanking them very much for there unlawful rescission of contract.

Ofcourse it wont be as easy as that but sure as hell saves me the hassle of reclaiming what would probably of covered the balance and the balance will be frozen.

 

God I love this site. :D

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  • 1 month later...

Had posted these elswhere a few weeks back but have received termination notice now so want some confirmation before I do anything.

I wrote to the creditor a month ago saying I was having money troubles(truth) and asking for breathing space. Creditor obliged and said they would accept reduced payments for 6 months, reserving there rights under default. Same day I receive default notice.

 

Notice dated 22/06, received 29/06 and received in an envelope post marked "S", clearly not a first class service as it took a week to reach me. Giving me 17 days from the date of notice. So I clearly did not get 14 days.

 

Default http://i1017.photobucket.com/albums/af299/badgercraig/ulster/ulsterdn.jpg

 

Envelope http://i1017.photobucket.com/albums/af299/badgercraig/ulster/ulsterenvelope.jpg

 

Termination http://i1017.photobucket.com/albums/af299/badgercraig/ulstertermination.jpg

 

I guess i'd just like some advice now.

Have they unlawfully terminated the contract?

Does the fact that ive written to them making an agreement affect anything?, also the termination doesnt make it 100% clear if ive even been defaulted yet. See bottom sentence.

Also it states they are adding interest, can they do this?

 

Any advice on where I should go with this? Seems odd to terminate a fortnight after agreeing a payment plan.

 

:)

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As they have clearly terminated the contract they cannot add interest. I would send them a letter pointing out this fact. If you are happy to carry on paying reduced payments on what is actually owe them tell them you will pay off the debt at xxx.

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Would now be a good time to try a full and final?

I have got £6000 coming from a ppi reclaim before august 13th. There are atleast £300 charges + interest on this balance of £1700.

The agreement is 100% enforceable but is there any harm in say offering £900 as a full and final, reminding them about the charges which I aim to pursue and point out the faults with the default?.

 

I was offering £20 a month and dont really see me being able to afford more once this ppi money has been spent, I want to use it to clear as many debts as possible.

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I personally would offer £700 at this stage. I would point out that the Default notice was sent second class post thereby not giving you the requisite 14 days clear notice and the fact that they have terminated the agreement means that they cannot add further charges. Put all the dates in,ie date of default notice, date received, date of termination.

 

Make the letter sound as if you are doing them a favour by offering the settlement saying they have first refusal at the money available to you, if they refuse then it will go to your other creditors and you will then only be in a position to offer £10 per month.

 

I would also put in the letter as there are somewhere in the region of £300 in charges on this account should you not accept the offer then you will pursue reclaiming these to be offset against the total owed.

 

I would finish off by saying that as you are being pressurised by other creditors this offer therefore only remains open for 7 days.

 

This offer is also made on the understanding that the balance is not sold to a DCA and that the account is shown as settled with the CRAs.

 

Good luck with this.

 

I've used this tactic and it worked for me.

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