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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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Cap 1 - trying to keep it simple...!


TEL999
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Hello all,

 

Recently recieved my statements from cap 1. Got about £560 worth of charges.

I want to keep this really simple! - Alot of people seem to do this process in different ways to the FAQs.

Could someone give me the link to the calculator so i can work out my interest. I think the 8% is the easiest way for me. So do i just work out this rate and send off my request now?- i read somewhere not to add the interest yet?

 

Sorry to painful and ask questions already posted!

 

Cheers Tel

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The 8% interest route is the easiest way, but you are unable to claim this until you reach the court stage, enter all your charges details into one of the spreadsheets and it will do the calculations for you, this will be the basis for your schedule of charges which must be sent with both your preliminary letter and your LBA.

 

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

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Thankyou!

Ok so i dont claim the 8% untill court stage. Do i mention the interest with my figures though in order to help "pursuade them early on?

i.e included a copy of what the figure could be.....

or do i not mention it at all???

 

Cheers all

Tel

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In my claim to abbey i mentioned in the initial request for charge refund, that if it goes to court stage i will be claiming s.69 interestand an early settlement would reduce the costs to them, prob wont work, but doesnt harm to include

:madgrin:

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ok well i have put to together my prelim letter with no mention of the %8 interest on it.- as advised above.

I appreciate alot of these questions are repetitions and i apologise!!!

So the next stage after this is my LBA? - do i included the 8% on this??

Getting nervous now! - its about £500 without interest so therefore reading this site it sounds almost beneficial if they do not pay up straight away as you can then go for the 8% - which they always end up paying?!!!!

 

 

 

Cheers for all help

 

 

Tel

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Just to clear this up - Have I done the correct thing by not mentioning the 8% at this point then??

And do I mention it at the next stage??

 

Cheers

Tel

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Hi Tel

 

You only mention the 8% at the court stage. You add this to each charge on a spreadsheet.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 2 weeks later...

Hi all,

 

Well the 2 weeks has now passed.

I have recieved no reply as yet.

Reading other posts on here leaves me with a dilema.

It seems that CAP1 normal tactic is in about 2-3 days time send me an offer of the difference. Shall i just wait these 2-3 days and reject this offer and send my LBA together with it (if it comes!) - or just send my LBA now? - surely this would keep things nice and tidy?

Basically what i mean by this is if i accept part payment then the LBA i have sent the figures on it would be incorrect.?

Also do i include the schedule of charges again with the LBA?

 

From reading other posts it seems that the best poss scenario would be for CAP 1 to refuse then i get to claim the 8% interest as well. Is this true?

I gather everyone is still getting paid at MCOL stage?

 

Finally.....I sent my prelim letter to 4th floor , loxley house - is this correct?

 

 

Im sorry for all these questions I just need a confidence boost!!! I would appreciate any answers and thanks for your support!

 

 

 

Tel

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hello

 

If the 14 days are up on the prelim letter then it is time to send off your letter before action which then gives them another 14 days to reply and sort out and pay you back your charges. If you still havent heard anything by the time the 14 days are up on the 15th day file at court.

 

If you recieve a letter with a settlement figure, after you have already sent your LBA letter,if your not happy with the ammount just send a letter back saying you will only accept this ammount as 'part payment' of ammount owed!!!! and that you will carry on to recover full ammount.

 

the address I used was:-

 

Legal Compliance Specialist

Capital One Bank (Europe) Plc

Trent House

Station Street

Nottingham

NG2 3HX

 

but i have read that other people have used a london address (I think)

 

Hope this helps

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