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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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Urgent Help for vunerable neighbour


busybean
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Complicated story.

 

My neighbour confided in me she just found out she is being evicted at 9am on the 11th Jan 17.

 

She is 69,

has long term mental health conditions and her affairs were previously handled by the court of protection for some 20 years.

 

She is a leaseholder (66years remaining) of a flat within a house conversation,

 

it appears from the paperwork I have seen the landlord has been successful in gaining possession and she is now being evicted by way of forfeiture.

 

The original claim for forfeiture in 2014(?),

which was withdrawn

 

states for reasons such as no access,

not washing windows,

putting flowers on the window ledge.

 

There has been ongoing disputes between her and the landlord,

ever since as she claims they illegally required the freehold (Some 20 years ago) and she refused to pay a premium of 100k for a new lease,

which cost them (the other two leaseholders) £2.5k to get the freehold.

Her property in size equates to 40% of the building.

 

This lead to them harassing her,

failing to carry out their repairs

and reporting that they thought she was dead and the police breaking in.

She was sectioned under the mental health act ( a few years back), when she disclosed past incidents.

 

For the past 18 months she hasn't opened mail due to her health and conditions.

The mortgagelink3.gif company wasn't initially apart of the claim,

but they have adjoined and appear have been granted some relief at some point.

 

She has only realised,

a friend insisted she opened up the mail and that when she found last weekend she is being evicted next Wednesday.

 

I know she needs to complete an N244link3.gif but what should be included?,

I have taken a copy of the guidance.

 

She is not entitled to legal aid, because of the equity in the property and solicitors want up front fees, and/or short notice.

 

Any help would be much appreciated.

 

I have only had 2 hours sleep myself and have to wake up to 4 kids (one who is broken his leg), work, a meeting with my brothers mental health team who have failed him drastically and assist my neighbour, along with my own health issues.

 

So I need to get some sleep, but will check in the morning for any advice on completing the N244link3.gif or anything else.

 

I have quite a few of the court papers but need to scan them, which I hope to do tomorrow at some point.

 

Many thanks for reading and I hope we can help her.

Edited by busybean
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You are best advised to seek local help.

 

The charity Shelter might have a local advocate that can help with this.

 

http://england.shelter.org.uk/get_advice/eviction/court_action_for_eviction/preventing_eviction

 

Also mental health charities such as Mind, may be able to offer help.

 

What you need is an action plan to deal with the whole situation and charities that deal with these situations are best placed to help.

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You are best advised to seek local help.

 

The charity Shelter might have a local advocate that can help with this.

 

Also mental health charities such as Mind, may be able to offer help.

 

What you need is an action plan to deal with the whole situation and charities that deal with these situations are best placed to help.

 

Yes, you are right. We have contacted shelter already they are calling this evening.

Mind is a great idea, will call them today.

 

Also trying to get through to the royal courts of justice cab. From my experience bwith helping another friend. There service is extremely busy.

 

Whilst an action plan is needed, at the moment the priority would be stop the bailiff evicting her on Wednesday. As I understand to do this she would need submit the n244 asap for a judge decide. But what orders are we asking to set aside and under what grounds..? Help please anyone?

 

Nb. She is being quoted £2500 to complete the n244 by one solicitor firm that had previously assured her in the past. But she doesn't have that. They need up front money. Anyone know a firm who will charge at least half that amount to do the n244?

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If she's a mental health patient, the council should help her with this.

Some councils still have in house solicitors.

Also as said, shelter and mind have their own legal teams that could help.

I'm no expert, but I helped my friend fill a n244 some time ago and it wasn't too difficult, so maybe if you don't get any help, you could try yourself.

Others will surely say if this is a bad idea in this case.

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