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    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • 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.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I am just about to file my on line claim and just have a couple of questions, (1) I am claiming on 2 accounts with Lloyds TSB but in their correspondance they have combined the accounts, should I make 2 seperate online claims or combine the two? (2) I have received £750 in my account as a goodwill gesture so have reduced the amount claimed by this. How do I calculate the 8% interest as this is on the full amount and not the reduced amount, Also, Is it a possibility they will take the money back out of my account when they receive the court order?

Please help I am very confused and dont want them to win !!!! :|

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Hi Cat,

I think you will win so hold on tight. There is a spreadsheet that you can use to calculate the 8% so still a bit of work to go. Yes, it is my understanding that the 2 claims get put together as one, which might also work out better for you when calculating interest.

 

Also, you need to send a letter rejecting the offer that they have sent. I am not sure if they will debit the money back out from your account so my advice is don't touch it just yet (tempting as it may be with the new year on its way). But keep the faith as so far most if not all claims have been settled in full as long as you stand your ground!!!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

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Hi

When I claimed against Capital One they paid part back which I accepted but I did it as such "thank you for your part offer, regretably this is unacceptable and I await full reimbursement". They shouldn't deduct the money back of your account but as the other person says don't spend it just in case. Have they given you a run down of what they are crediting back to your account ? Ie does it tell you exactly which charges they are reimbursing you for?

 

If not my advice would be to deduct the amount they have given you back and charge them interest on the earliest charges that means you get more interest back. The banks and credit cards do this when charging interest to us. For example when we take cash out of a credit card, pay a bill by a credit card and transfer funds the interest rates for all are different. If you pay back the next month the full amount of cash you took out they don't charge you less - they charge interest for the cash even though you have effectively paid it back. Hope you understand that!

 

The spreadsheet will calculate the interest for you.

 

I've won the whole amount back and it was due in court on the 4th January - they just settled on the 28th.

 

Keep smiling - you will win.

 

J;)

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Thank you for your advise, I have sent them a letter saying I will accept as part payment and will pursue my claim for the rest through the courts, I am claiming in total £1741 in charges and £290.31 in interest totalling £2031.31 so they have paid £750 into my account and I have deducted this off £1741 and kept the interest the same, but obviously this is wrong so I will work it out like you said by deducting it from the latest interest first. If I do deduct the £750 off and they later take it out of my account how do I go about reclaiming the £750 because my online claim will not include this or do I just claim for the total amount and they may just pay me the difference?

Im confusing myself now!!!

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Hi

 

If they have actually paid the money into your account I don't think they can take it back. I doubt very much that they will. They know they will have to pay it all back in the end and they are just chancing their luck that you will settle for that amount. So claim for the rest with the 8% on that part only.

 

If they take the money back - (the won't) then you can write to the court afterwards and tell them.

 

Or alternatively transfer the money into another bank account. If they try to take it back it won't be there for them to take back ! They have to get your authorisation to take money from your account and you won't give it to them. I think this is correct - take advice from citizens advice if need be but I don't think they will or can take the money back once it is in your account and it shows bad business for them if they do.

Especially as it is YOUR MONEY and not theirs.

 

Try not to panic or worry about it - it's new year enjoy yourself and sit back and relax and think about the money that's going to come in in 2007. I know it's not easy as my stomach has been in knots whilst claiming - it's very stressful. I am so relieved it's all over for me now. I just need to make sure I don't go into debt again so that I don't face other charges.

 

Have a great New Year and keep us all posted. Not long now !

 

J ;)

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