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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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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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ME v Cap1


jdene
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Hello All

Sent off all my details to OFT today at the OFT's request as they are taking on Cap one for me after i reported all thier methods to them and complained about thier telephone harrasment, the OFT has requested my permision to use the information i provided when they take action against them, which i have gladly given, i have also sent copys of all the threatening letters including the one where they threaten to put a charge against your home and the default letters after aknowledging the account is in dispute and the DCa letters weeks after the account has been disputed should be enough evidence to proove thier despicable methods at least, have also informed the OFT that we are seriously considering seeking damages for thier transfering of our Data outside the uk and have asked for thier response to this practice as well as thier advice.

so if they get a few other complaints to back this one up it could proove a very hot winter for Cap1 hopefully.

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jdene - well done you !!! I sure hope something gets done about these people and their bullying tactics etc.. It sure will be interesting to see what is said about the Data transferring to other countries etc..

It is really high time a lot of these companies changed their ways and became more "customer orientated" - but then I expect we will see pigs fly first? ;) vbmenu_register("postmenu_507292", true);

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jdene, how did you get OFT involved? I thought they didn't take on individual consumer complaints?

 

Was just getting ready to post my FOS/Banking Code complaints. Has anyone else got their complaint letters ready? Shall spend some time today PM ing people who were narked previously see if we can get this rolling now.

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Guest Battleaxe

Blackrain,

 

Are you planning to have the letters hit the FOS at the ssame time or within what time frame? Is there specific wording in the complaint to identify these letters as a class action complaint. I am sure it would be more effective if the FOS was aware of the class action. Just my thoughts.

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You will have to excuse my complete ignorance here but what would a class action involve? I thought a class action was when a group of people took someone to court not when a group of people made a complaint.

 

I was going to post my stuff today (might still do) but I'm interested in what jdene had to say about the OFT. Would like to get them involved if possible. It says on their site they are unable to investigate individual consumer complaints though so I don't know how jdene got them involved.

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Hi blackrain, they got involved after i sent a complaint about telephone harrasment, we had endured weeks of abuse from thier staff untill we found this site and started fighting back, i assume they have quite a few complaints and have decided to use individual complaints to build a larger case against them, but the OFT have sent three letters in total the last one asking for more details and our approval to use our details letters etc as evidence i would have thought they are requesting the same from other people who have complained as well hope they are anyway.

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Hi Blackrain i send mine to

Andy Lowther,

Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, London

EC4Y 8JX he works in the Enquieries and preliminary investigations centre, hope this helps

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Thanks Jdene. I think we follow Smoothy's and Battleaxe's ideas then and go down this route if everone is happy. Feb 1 to 10th for letters to arrive.

 

If anyone is posting in Cap1 forum or replying to others can they mention this thread so we get as many involved as possible? Cheers guys.

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Hello all had a nice letter yesterday threatening to take us to court for the outstanding balance from Fredrickson International rang them told them the situation which they seemed shocked by that a lowly pesant would chalenge them, so i then sent them a notice to stop processing my data and a notice that they were also being reported to the OFT and any further corespondence from them while the account was in dispute would result in them facing me in court for harrasment, so just a bit more amunition for Mr Lowther at the OFT.

so Keep the complaints flooding in we will stop the bullying.

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Jdene - and that's exactly what will carry the "weight" numerous complaints - there more people that complain - the more likely it will be seen as a serious problem!!

 

It may be an idea as someone said before to get some sort of "Template" letter drawn up so people can simply edit to suit the company and their personal details etc.. - might make it easier for those who aren't very good at writing letters?

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Following my letter to Fredrickson international where i told them they would be seeing me in court if i recieved any more threatening letters, i also informed them all thier corespondance was being sent to the OFT, we recieved a letter today which simply states the following.

 

We Refer to recent corespondence in this matter.

We have been instructed to take no further action against you and have therefore closed our file.

 

I think they are finaly getting the message not push us around and i am thinking maybe the OFT have finaly moved and had a word with these bullies, so keep up the pressure the more complaints the easier the claims will be and the less they will be inclined to continue thier intimidation.

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