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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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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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me vs abbey national


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Did you send it with the £10 fee, if so has the cheque been cashed? and also was it sent recorded?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Ok, fair enough. We'll in that case then you can enforce it.

 

You've got 2 options, either file a non-compliance claim, or go through the ICO. Both these options can take time, so if you can manage to get them to provide it to you without resorting to either action then that'd be preferable.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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ok nothing at all recieved so i filed action against abbey national asking the courts to force them to comply with the DPA Subject Access Request. it cost me £30 and if it works its money well spent.

 

further i have asked for £130 in damages to cover the fee and my costs involved in taking the action?

 

lets see if the British Justice system is alive and well?

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ok yesterday morning i recieved a letter from Abbeys complaints department saying they take all complaints so seriously they will need at least another month to investigate mine?

 

too little to late? should i acknowledge this reply from them?

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  • 2 weeks later...

i now have a reply from the Information Commissioners office saying they are asking Abbey to comply with my original DPA Subject Access Request and it also states they have clearly breached principle 6 of the DPA in failing to comply?

 

other than that ive heard nothing from the Court and nothing else from Abbey?

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despite follwoing the instructions on here to the letter it appears the N1 form is incorrect as i cannot claim costs (damages) and enforce the action to make abbey disclose the information on the same claim? the Court have told me they sent my £30 back on the 14th april 2007 and yet i have recieved nothing? thay also tell me i have to file 2 actions, a section 7 for damages and a section 8 to make abbey disclose?

 

thoroughly disheartened? any advice please?

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  • 2 weeks later...

right clarification!

 

when filing a claim to force the bank to disclose under the terms of the DPA you must pay £150 as this is not a claim for money but a claim for Court to enforce action and at the same time file a second claim costing £30 to get costs and damages to cover your time back.

 

i cant find anywhere on this site which states this so if admin would like to clarify the situation it may save other people time i have wasted?

 

cheers.

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i have today recieved another letter from Abbeys complaints bod Richard Harris apologising for the length of time they are taking to deal with my complaint and stateing they need another 4 weeks as they want to investigate my complaint fully!

 

any advice on whether or not i should reply especially given i have taken legal action to enforce DPA subject access request compliance?

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today i have recieved notification from the Court that Abbey intend to defend the whole of the claim, interestingly i also recieved a letter from jackie scott from the data compliance section at Abbey saying the reason they have not complied with my subject access request is because i didnt send the fee, the fee was paid in cash over the counter and a reciept obtained. Abbey also claim they wrote to me on the 10th of march 2007 asking for the fee, i did not recieve that letter (funnily enough). i have sent a cheque for £10 to Abbey stating this is the second time ive paid the fee.

 

funny how when they get the Court notice they act isnt it?

 

now what happens about the £180 it has cost me to file an action with the Court if Abbey comply in the mean time?

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  • 2 weeks later...

i am starting to really enjoy this as the bigger picture unfolds? :)

 

firstly last thursday i recieved a copy of abbeys defence to my action to enforce them to comply with the dpa request, they have actually defended a claim for a refund of charges which i havent even made yet, this demonstrates the sheer incompetence of these idiots and also how busy they must be to make such a fundamental mistake, i cant wait to get to the court hearing, i am gonna rip them to shreds? :D

 

secondly the second cheque i sent has been returned with a letter of apology from the data compliance section at abbey with a promise that a dhl courier will deliver my dpa request documents s soon as they can find them??

 

what a joke these clowns are? :D

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Yes, I'm lurking! Seems your doing fine. I'll be here if you run into trouble.;)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Im lurking too, but i am confused (Shush Gary!!! lol) did you raise an official complaint with the Information commissioner as well as filing at court?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Im lurking too, but i am confused (Shush Gary!!! lol) did you raise an official complaint with the Information commissioner as well as filing at court?

 

 

yes i complained to the ICO first and they found abbey had breached principle 6 of the data protection act, it didnt make any difference to abbey as they largely ignored the findings but it does prove to any future court that i have exhausted all other options! :)

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  • 4 weeks later...

right updates!

 

they finally complied with the DPA request and sent me there records, ive calculated they charged me £3594 over a three year period whilst i was at University.

 

i am today writing to reclaim those charges.

 

now i do need some advice, i have filed an action to force them to comply with the DPA request but as it hasnt reached court yet and they have now complied what happens about the £180 it has cost me to take action so far, bearing in mind abbey did not comply until they became aware i was taking them to court?

 

cheers

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  • 3 weeks later...

ok a lots happened since my last post.

 

the Court have decided to set a date for a hearing to ask abbey why they filed an incorrect defence, 1030hrs 18th july 2007, and i have now written a letter before action giving a further 14 days to pay me up in full.

 

i will be in court on wednesday to seek my court costs and administration costs (totalling £280.00).

 

more updates to come.

 

anyone else ever think they should re-train and become a solicitor? :D

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  • 2 weeks later...

another update, at the hearing Abbey didnt turn up and a judgement to award me my costs etc was made, in the meantime Abbey sent me a cheque for £280.00 covering what i was asking for.

 

i have recieved no response from Abbey regarding the charges letter and LBA and so this morning i filed a County Court claim against Abbey for £3594.00 in charges, £1235.92 interest under s.69 and £120.00 Court fees!

 

i am enjoying this so much now, am i wierd? ;)

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  • 2 weeks later...

the lovely people at Abbey have written to tell me they are part of a consortium involved in legal proceedings with the OFT to put through a test case to decide whether the charges they believe are fair are in fact lawfull and i will now have to wait for an outcome from this? they are asking the Court for a 'stay' which in effect puts my case on hold.

 

anyone know if i can insist that the Court proceeds as i dont want a stay? after all if they had complied with their legal obligations with regards the subject access request in the first place i would have been to Court and had a ruling allready? the delay is their doing not mine!

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