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    • OK, thanks, I won't wait for them. On a side note, some of the posts on here are a bit frustrating, I read through five pages or so of someone going through the court process rooting for them as I'm reading, then nothing, not heard of again. Left here wondering what the outcome was, lol!
    • Hello Caggers,   I've been trying for years to get an old EE account wiped off my credit file. It was opened in 2013 and almost immediately defaulted but was shown as "Payment Arrangement" ever since. I contacted EE by telephone in 2022 and was advised it had not been wiped because there was still £69 owing, I paid it and thought it would correct once the CRA's updated their reporting cycle. However, it has still not been removed. I made a formal complaint on 27/03/2024 and have had contact with the executive team who advised that  "EE account ......... has now been deleted from the Credit File as it failed to close as it was reporting the payment arrangement set up despite, as advised this failing which should have resulted in a further default showing.  Please be advised the deletions we have completed take 24 hours to update if a paid service is used to view the Credit File. If the customer uses one of the free services to view the Credit File, the recordings update in 24 hours but the changes can take up to 30 days to be visible on a new copy of the Credit File. I have requested compensation and been advised by EE that another team are looking into this. That was almost 2 weeks ago and there has been no contact since, despite me chasing it. I do not want to go to court and would rather settle this amicably. However,I have been advised that I might have a claim for aggravated damages due to the length of time the incorrect reporting has been on my file and the fact that I told EE about this issue and paid the demanded outstanding amount of £69 almost 18 months ago. Should I just wait for EE to reply or should I start building my case against them? Is their statement admissible as evidence of their blame or do I need to dig a bit more? I made a DSAR which was initially rejected as having no data found yet. I trawled my e-mails from 2013 and found the account number and mobile number, I'm now awaiting the result of my 2nd attempt at DSAR. I have very little in the way of proof of actual loss except a mortgage refusal e-mail from HBOS in 2015. I have also had high interest loans and credit over the last 10 years but again cannot directly attribute this to this one specific error. There were other items on my credit file that could also have contributed to a low credit score too and I'm not out to cash in on anything. I want to make sure I don't end up shooting myself in the foot for any obvious reason and would appreciate any help from anyone who has had similar experience with breaches of DPA.
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Failed reconditioned engine ***Payment Received in Full ***


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This case is due preliminary hearing on Thursday 27th April at county court.

 

The judge wants further information so he can decide whether to introduce the other party ( the actual garage which did the work on my car) as well as the current defendant ( the garage i took my car to and paid the money for the repair and received a warranty from with their business details on)

 

I am quite confident with this case. Can anyone tell me the complications of obtaining payment if sucessful....

 

The garage i am taking to court is a trading as business and not limited hiwever the garage the judge wants to now introduce is a limited company. Anything i need to be aware of regarding this??

 

Thanks

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  • 6 months later...

I have today after a 12 month small claims battle obtained judgement against a garage who failed to honour a warranty on a reconditioned engine they fitted which became faulty.

 

Judgement has been obtained for £3700 and the defendant ordered to pay within 21 days.

 

His solicitor asked to apply to pay in instalments however the judge said that would not be dealt with today.

 

I know the defendant ( as he used to be a family friend) and know he is quite well off. He is a sole trader and his garage business is not a limited company. He owns an expensive house with no mortgage attached and also a nice mercedes car with no outstanding finance. His business also owns a few vans.

 

He goes away for a month at a time to America visiting family about 4 times a year as well as other holidays and is currently preparing to sell up over here (house and business) and move to America.

 

Not sure how soon but been told it wont be long off.

 

My questions are.

 

1. If he applies to pay the judgement by instalments is that something i have to agree to or is it the courts decision to grant it or not.

 

2. Is there a way of me proving he has assests which could be used to pay the judgement rather than instalments.

 

3. What happens if he does move abroad and becomes untraceable. Can this be used as a defence to reject hom being allowed to pay by instalments?

 

Thanks

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generally, if they make a formal app'n for an instalment order, it (the amount offered) will be put to the claimant. if accepted, then it will be court ordered. if not, then it will go to the J to decide in the circumstances. you may be able to present your objections?

if an instalment order is not adhered to, then you can go for enforcement

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Time to now name names to warn others to avoid?

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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My questions are.

 

1. If he applies to pay the judgement by instalments is that something i have to agree to or is it the courts decision to grant it or not. The application goes to you for consideration..if you reject the court may impose a monthly figure

 

2. Is there a way of me proving he has assets which could be used to pay the judgement rather than instalments. No need to..... reject the monthly offer and go straight to execution

 

3. What happens if he does move abroad and becomes untraceable. Can this be used as a defence to reject him being allowed to pay by instalments? If the court override you ..you have no say it will be set monthly...if he becomes untraceable...wave good bye to your payments and think carefully about point 2 above

 

Andy

We could do with some help from you.

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When you say go straight to execution you mean recovery by other means ie transferring to high court and involving court enforcement officers...or third party debt order ect.

 

Correct...but only after 21 days

 

Threads merged.....

We could do with some help from you.

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So i reject the instalments then commence execution but during this time the court could still overide and set instalment agreement if they see fit

 

Makes no odds since the changes of 2011...whether they are up to date or in arrears..you can still execute

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

 

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one way may be a charging order for example (which can be done even where there is an up to date inst order).

if there is an inst order, and it is not adhered to, then can go for direct enforcement (thats what i meant :))

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Sorry for sounding numb. So even if the court authorise instalments against my will i can still execute by way of high court at any time even if he is not behind with said instalments?

 

Correct...a judgment claimant (You) can exercise your rights to execute further......in your particular case because of the impending emigration factor..even more so.

 

As Ford states above....you could for example agree a substantial monthly payment in the interim but also place a charge on his UK home as security in the event of default payment.

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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  • 2 weeks later...

Sent the defendant a letter last week stating if the balance was not paid in full within the time limit then I would put a charge on his property and included a copy of the land register so he knew I had been enquiring.

 

Payment received in full today.

 

Thanks for everyones advice.

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hey well done!

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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Share on other sites

Sent the defendant a letter last week stating if the balance was not paid in full within the time limit then I would put a charge on his property and included a copy of the land register so he knew I had been enquiring.

 

Payment received in full today.

 

Thanks for everyones advice.

 

Well done tiler...threat of execution normally brings results :wink:

 

Thread title amended to reflect the outcome.

 

 

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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