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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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Deputy with Awkward Executor


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Summary: FIL died June 2017.

Delay with Estate due to contention between 3 siblings, all of whom are Executors.

 

Contentious Lawyers finally appointed to deal with Estate.

MIL has Alzheimer’s & in a care home.

She lacks capacity.

 

The firm of Solicitors were engaged on the basis that not only do they handle late FILs Estate BUT were also engaged to act as MIL Financial Deputy as agreed by all 3 Executors.

 

1 of the Executors has now ‘changed her mind’.

This particular Executor has been difficult since my FIL died.

 

Her brother (my husband) had to see a Solicitor to get things moving in the first place regarding his Fathers’ Estate. His sister said she was not going to do anything!

It is a large and complex Estate.

 

She initially wanted to do probate, not use a Solicitor & asked her 2 brothers to ‘stand down’.

 

The other brother does not want her to be Financial Deputy & neither does my husband due to her behaviour.

They were happy for her to be their mothers’ Welfare Deputy.

 

Surely, the sister cannot be allowed to keep delaying matters although it seems she can, whatever her reasons are.

 

This must have happened to someone out there and it would be interesting to hear what the outcome was.

Edited by dx100uk
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Moved to gen legal forum

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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Hi

 

Sorry,

 

To clarify, the sister (Executor) isn’t delaying the Estate.

 

She is delaying the Deputyship for her mother (who has no capacity).

 

The Deputyship needs to be put in place ASAP as the mother will inherit from her late husbands Estate. The sister agreed to the firm of Solicitors to act as Financial Deputy. Currently, she has changed her mind.

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As I suspected no advice available and obviously no onus on the sister, who agreed to iSoliciyors acting as Financial Deputy in the first place. BUT my husband will apply to be Deputy for both Welfare & Finances if he is kept waiting much longer. Sister has said to the Solicitor handling my FILs Estate that she will object to my husband making the Deputyship application and he will ibject if his sister should do same .

 

It will all go to Court if she doesn’t act after all this time & hopefully the COP will become my MILs Deputy.

 

All my husband wants is for things to be properly sorted out and things in place.

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Thank you king12345

 

The Estate IS being handled by specialist contentious Solicitors.

 

The current issue is the that the sister has now changed her mind regarding the Solicitors being my MILs Financial Deputy. She agreed to them acting months ago and now she doesn’t. As I’ve already said, it seems she is at liberty to change her mind as she pleases - Perhaps taking her to court for wasting time would be the best option! My husband has just about had enough of her wasting time. Certainly not acting in the interest of anyone, least of all her mother who will inherit. It is imperative the Deputyship is in place before my FILs Estate is administered etc.

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  • 1 month later...

Update: My husband is now forging ahead with his Deputyship application after even more ‘changing of mind’ by his sister & further delays.. He has of course, engaged his own Solicitor who specialises in contentious Deputyship cases. Interestingly, in the last few weeks the sister was attempting to move their mother into a different care home without informing either of her 2 brothers.

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