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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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My partner had a CCJ issued as o forthwith judgement in December last year. He never replied to the original claim due to the christmas post and so filed for a variation to pay monthly. This of course was rejected as the creditor, managed to squeeze in an interim charging order on our house.

 

We've managed to get the court date and location changed and now have a combined final charging order and re-determination hearing in one go.

 

Is it now too late to get the charges removed, and if it's not how?

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My partner had a CCJ issued as o forthwith judgement in December last year. He never replied to the original claim due to the christmas post and so filed for a variation to pay monthly. This of course was rejected as the creditor, managed to squeeze in an interim charging order on our house.

 

We've managed to get the court date and location changed and now have a combined final charging order and re-determination hearing in one go.

 

Is it now too late to get the charges removed, and if it's not how?

 

Bump anyone ?

Just hate every DCA out there

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  • 3 weeks later...

Really not feeling confident aboput this one. Interim charging order is stopping my remortgage going through. Have to get my defence in on Monday. My priority is getting the charging order removed, which I think will be ok as we have so much debt that it I can't see how allowing them it would be fair to the other creditors. But don't know what to do about the unlawaful charges, do I put in a claim or take them in front of the judge and try and get them removed that way?

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Cheers. Debt is with Monument. Spoke to National Debtline when we first got the ineterim charging order, they gave me the info. to use re. stopping the charging order i.e. unfair to other creditors and that it's unfair to myself and my daughter as I paid most of the deposit etc. Just getting jittery as I need to send objections to the court and I found out today that my remortgage won't go through until the interim charging order is removed. New mortgage is a lot cheaper and the longer it takes the more I'm getting into debt as I haven't the spare cash to pay creditors the money I owe.

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Debt is £4600 and charges only amount to £630 with interest, although I think we've got the interest rate wrong. My partner has also paid £20.00 towards it and going to make another one today.

 

With regards to the remortgage I've been told by my solicitors that they cannot complete with the charging order still in place, even if Monument agree to wait for their money (which of course they won't) the charging order has to be removed before the solicitors will finalise. According to them mortgage companies are no longer happy to accept the charging order remaining as it cause problems when they repossess!!!!!!!

 

So kind of stuck between a rock and a hard place. We can only borrow enough to cover the mortgage and fees, there's not enough equity to pay off any debts too. Need to either get the charging order removed at the hearing next Monday, or find the money to pay Monument off.

 

Sent our objections to the final charging order to the court and their solicitors today, just outling that my partner owes over £30k and it would be unfair to other unsecured creditors. And I've objected on the grounds that I'm co-owner and paid most of the original deposit.

 

Have left the unfair charges off as I really didn't know how to go about getting them taken off and didn't want to muck it up as I desperately need the charging order not to be made final.

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Well at court tomorrow. Just spent the evenning getting all the information we could find together. Best prepared. Hopefully will come back without the charging order and a nice instalment plan. If not I'll stop off at the pub. Oh and going to ask the courts permission to file a counter claim for unfair charges.

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:D Thanks everyone, think your wishes of good luck worked cause luck was on our side. :D :D :D Monument never sent a solicitor or anything to the court so the judge said that as they don't seem to care he was throwing it out. Thing is we're not sure what he meant by this, think he might of set aside the CCJ! have to wait for the paperwork to come through. He wouldn't hear about an instalment order as he said there was no point, so we're a bit confused, but just so happy that the charging order wasn't made final, we didn't want to push our luck by asking too many questions of him.

 

So it's back to waiting to see what they do next.

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  • 4 weeks later...

Well that was a short lived victory. Mortgage still hasn't gone through as the their solicitors are refusing to remove the interim charging order as they are appealing. They are appealing on the grounds that they didn't know when the hearing was!!?? Interesting as they passed the date from the court on to us. Think they're trying their luck as the judgement actually states that the interim charging order should be removed as they failed to turn up. Thought it was all too good to be true.

 

Anyone know if we should have been notified that they were appealing?

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