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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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Talula vs Smile


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i've just calculated that in the past year, smile owe me £625 in charges.

 

i'm in the process of writing the letter now, however looking at their website, there are two address, the Skelmersdale one, and the Co-Op Head Office on Balloon Street.

 

People who have claimed successfully from smile, which address did you send your letter to?

 

thanks

 

rachael

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I am sending all my correspondance to the Manchester Balloon street address as this is the one on the cheques.

I think the Skelmersdale address is for CoOp bank (who OWN Smile)

good luck...

--

Mad, Bad and Dangerous to know!

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  • 2 weeks later...

Well done, stick to your timetable though, at the end of the 14 days send the Letter Before Action. They will try to string it out as long as possible.

 

Natalie

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FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

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18/06/09

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had a bit of a hiccup this week. due to my account being £150 over the overdraft limit due to £200 of fees this month alone (hopefully they'll refund these as well, or i'll have to claim again), i contacted my casual employer to put my wages in my Cashminder account. thought all was well, budgetted which bills i was going to pay with it, only to find out that on Friday it was paid into my smile account, so i have not got a single penny out of it.

 

hopefully smile pay up very soon or i'm going to starve.

 

:mad:

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Regarding the recent fees. It may well be worth a trip your branch to discuss these. The simple fact that they took £200 in charges and you're £150 over the overdraft limit, clearly needs pointing out to them in person whilst it's fresh, or they'll just add further charges. Politely request that they refrain from taking any further charges, and explain your circumstances surrounding the fact that you simply can't afford it.

[

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yeah, ill give them a ring today then since they don't have branches and when i go into the co-op they tell me to send a secure message.

 

silly i know, but by ringing them im worried i might compromise my claim.

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I sent my DPA to the balloon address along the 10 pounds cheque. I wasnt sure who to make the cheque out to though so I wrote in co-op/smile and DPA request and my ac no. on the back.

Now I have a 10 pound credit in my account, did they just pay it into my account and do you think they'll refuse the DPA based on no payment now?

______________

22nd Sept MCOL filed vs smile bank :!:

 

27th Sept LBA amount paid by smile

 

6th Oct Full MCOL amount paid by smile

 

Result = :D

 

 

 

 

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As long as your letter was clearly marked as a DPA request, and you sent them £10.00, I don't see why they should refuse your request on the grounds of their incompetence. You are calling the shots now so everything is on your terms. If you are concerned you could send them a secure message pointing out their error.

 

Personally I would sit back and wait 40 days and follow the process according to your timetable. Good luck.:)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

has anyone had to actually issue smile with the 2nd, "impending court action" letter...? its 14 days today and apart from the initial "we'll look into it" letter i haven't heard or had a bean... :mad:

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has anyone actually had to do this with smile though? all the posts i've read they seem to have paid up before that stage.

 

THREE THREADS MERGED!!! PLEASE STICK TO ONE THREAD FOR YOUR BANK ACTION - THE MORE THREADS THE LESS LIKELY YOURS WILL GET NOTICED/YOU WILL GET A REPLY!!

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I sent my DPA to the balloon address along the 10 pounds cheque. I wasnt sure who to make the cheque out to though so I wrote in co-op/smile and DPA request and my ac no. on the back.

Now I have a 10 pound credit in my account, did they just pay it into my account and do you think they'll refuse the DPA based on no payment now?

 

They just sent me a letter asking me to send them 10 pounds, again I dont know who to make it out to. They cashed my last cheque into my own account.

 

Maybe this is some stupid attempt at a delaying tatic.

 

This time I will write the cheque out to Subject Access Request - Co-op

Its that or Mike smith, whose some bloke working as customer adviser.

______________

22nd Sept MCOL filed vs smile bank :!:

 

27th Sept LBA amount paid by smile

 

6th Oct Full MCOL amount paid by smile

 

Result = :D

 

 

 

 

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  • 2 weeks later...

I have noticed that they don't seem to be rolling over quite as quickly now, but I wonder if it is just because they are getting swamped with claims for bank charges. Just keep following the steps and I am sure you will succeed.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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they paid up in full today (£625) though they're refusing to pay the interest.

 

unfortunately for them, they're about to get another letter, as since my first request they have taken close to another £300 in charges!

 

survey, donation etc already done. ;-)

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Well done Talula. I see that the survey now shows over £1 million pounds in bank charges refunded. Thanks for the donation too. Keep up the good work.:rolleyes:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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