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    • 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 therte was still £69 owing, so 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 106985089 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, so 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.
    • Noted. Keep an eye on the other threads here including the update a few hours back by Rob Carr.
    • dont need statements. nor std info sheets. EVERTHING else  dx
    • they have 6mts else it dies. ................. BUT yet again today you've posted on someone else's thread posts now moved here. please keep to your OWN THREAD!! now to date you've not bothered to reply to our questions so we CAN help you.    
    • Update: tfl is taking me to court I'm trying to get an ooc claim from them but they have not been replying to my emails. 
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Lowell court claim form - EDF energy and capital one credit card.


Ralphington
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Good afternoon Everyone, 

 

Im new here and was advised to come here to try to help get some answers!

 

I recently received a letter from Lowell about some debt that is roughly 5 years old now. 
 

It’s for EDF energy and capital one credit card both on the same claim form?

 

im not sure it’s even a legit claim form but how would I know?

 

I just don’t know what to do about it ? Ignore it or contact them?

 

thank you all In advance. 
 

 

Edited by Ralphington
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please complete the following (post 1 there)

 

 

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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Issue date: 07 September 2020

 

Name of Claimant: Lowell

 

Particulars of claim 

 

1) The claim comprises the following Agreements the defendant entered into: 

a. EDF energy customer plc with reference ...... and current balance of £124.47

b. Capital one (Europe) plc with reference ......and current balance £194.97 

 

2.The agreements were terminated as payments were not maintained and subsequently assigned to the claimant 

 

3.And the claimant claims:

a)The total of the said sums being £319.44

b) Interest pursuant to s69 county court act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £25.56

c) costs 

 

What is the total value of the claim?

EDF - £124 

capital one - £194
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card/Utility   
 

When did you enter into the original agreement before or after April 2007 ? Before
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not sure, can’t access that at the moment 
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt collector - Lowell’s 
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes 
 

Did you receive a Default Notice from the original creditor? Not that I can remember 
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes
 

Why did you cease payments? Change of circumstances 
 

What was the date of your last payment? Maybe 2015 
 

Was there a dispute with the original creditor that remains unresolved? No
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes

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 yes it can have 2debts on it quite common for lowells.

 

 

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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thread tidied

 

[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time

[you MUST file a defence regardless by day 33 ]
 click thru to the end
 confirm and exit MCOL.
..
 get a CCA Request running to the claimant for the cap 1 debt

get a CPR running  to their solicitors

 

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

...............

 

you might find it worthy to read this thread.

https://www.consumeractiongroup.co.uk/topic/417916-lowells-claim-form-old-talk-talk-debt-and-an-eon-debt-claim-discontinued/page/4/?tab=comments#comment-5054568

 

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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thank you so much I have done the defend all and will get the letter in the post tomorrow and will send recorded delivery. 
now when you say I must file a defence regardless what do I do about that? How do I do it? I’m sorry I have no clue!

 

Also please could you explain the CCA and CPR not quite sure who I need to send them to? Sorry I’m a newbie here 😔

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go back and read my last post carefully

all of your q's are already answered above.

 

 

 

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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  • 2 weeks later...

you did send a CCA request to the claimant for the cap1 debt didn't you?

 

your defence is due friday week by 4pm

you do not miss that deadline no matter what...

 

have you been reading up on like claims here ?

the letter is std rubbish.

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 dx

Yes sent CCA to Lowell 

yes I need help with the defence please

On the letter they sent is says that EDF is a service agreement therefore they cannot provide the agreement ... how do I move forward with this one if they cannot provide it?

 

thank you. 

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not your problem 

that's theirs

 

if they cant provide the docs...how can they even prove anything?

have you been reading up on like claimform threads here using self help?

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

 

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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1,  The claimants  are claiming two different accounts with two 
different companies,.
 
2.  Repeated requests to the claimants for information regarding 
these accounts have been ignored.

3.By putting two unrelated debts together the claimants have 
provided the courts with misleading information and therefore the 
claim should be  struck out.
  
4. The defendant has no legal training and can not afford legal 
fees, therefore the claimants claim for costs and interest should 
be denied.
 
This is all I have so far??? Is that enough??

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No.....and its not really suitable or compliant....you have until 4.00pm Friday to submit your defence.

 

Ill take a look tomorrow.

 

Andy

We could do with some help from you.

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Can you provide a little history as to how this debt with EDF came about ? and when did it accrue ? 

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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Yes sure.

 

its from a previous address around 5 years ago, i was there around 6 months and then left again. I had heard nothing until I received letters from Lowell recently. 

 

I have asked Lowell to provide me with the agreement and dates this debt is from but replied saying they can’t because it’s a service agreement?

 

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One defence...please check and amend if necessary.

 

Defence Cap 1 EDF.pdf

 

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

If you want advice on your Topic please PM me a link to your thread

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  • 3 weeks later...

Its from the court as it states on the letter......you now have to submit a Directions questionnaire which allocates and moves the claim to your local county court.Complete and submit it by the date advise.

 

You can use the link below to complete it on your PC

 

 

 

 

 

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

If you want advice on your Topic please PM me a link to your thread

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Its the next stage in the process....the claimant wishes to proceed with the claim...you really should read some other threads then you are familiar with the process.

 

1. claim submitted

2. defence submitted

3. claim allocated and moved to local county court (N180)

4. Court directions given for next stage (N157 Notice of Allocation)

5. hearing date and case heard.

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

If you want advice on your Topic please PM me a link to your thread

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