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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.
    • 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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    • 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.  

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      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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
        • Like

Frugal Fox V Lloyds TSB ** I WON **


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Was feeling really positive - now feeling just a little un-nerved.

 

I'm claiming back just over £1800 from Lloyds.

 

My request for statements was done very promptly - and without payment.

 

My request for a refund of the charges was refused - twice.

 

I have since filed a claim against them via Moneyclaim, and this claim has been acknowledged. Since then I have heard NOTHING from them at all. However the overdraft on my account has been removed, with no prior warning, and I am now getting threatening letters telling me to repay all £800 of my overdraft. I get phone calls most nights from the call centre, and I'm starting to feel like the little fish in a pond full of sharks. Something tells me I could be the one going to court to 'play with the big boys' and I don't want to!!!

 

Or is this exactly what they want me to do/feel??

Lloyds TSB - Claim acknowledged 11 May 2006. Defence filed 2 June 2006. Offered to Settle (6th July 2006) !!!!!

Halifax - Next on the hit list!

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My parachute is well and truely opened - and functioning just fine!!!

 

Just out of interest - if the claim is acknowledged - should I expect to receive a court allocation questionaire, and if so, will this come from the courts or Lloyds and how soon should this be received - only I've had nothing so far, and the claim was acknowledged 11th May ???

Lloyds TSB - Claim acknowledged 11 May 2006. Defence filed 2 June 2006. Offered to Settle (6th July 2006) !!!!!

Halifax - Next on the hit list!

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No, you'll receive the allocation questionaire after the other side has filed their defence. Having acknowledged the claim they have 28 days from the date of service of your claim to respond. You should be able to work out the last date.

 

If they haven't filed their claim by 4.00pm on that day, then you should apply for judgement the next day. I moved more quickly than Nat West on one of my claims and got a default judgement against them so it can happen.

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Forgive the last dappy post - just blame it on a slightly agitated and worried fox!!

 

As I understand it - though given the above, I may still be wrong! - is that the claim is filed at Northampton.

 

The bank have acknowledged the claim, which gives them an additional 14 days, on top of the original 14 days for the claim, in which to enter a defence. Therefore they have until 9th June to enter their defence, or I can apply for a judgement by default.

 

As they have not yet entered a defence, I do not need to fill out an allocation questionaire - hence why I have not yet been sent one.

 

Blimey - its stressful being a novice fox!

Lloyds TSB - Claim acknowledged 11 May 2006. Defence filed 2 June 2006. Offered to Settle (6th July 2006) !!!!!

Halifax - Next on the hit list!

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Ahhhh

 

Have now received a copy of Lloyds defence to my claim. Typical - just have to wait now for the Court Allocation questionaire to come through, and then see what happens.

Lloyds TSB - Claim acknowledged 11 May 2006. Defence filed 2 June 2006. Offered to Settle (6th July 2006) !!!!!

Halifax - Next on the hit list!

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  • 3 weeks later...

Quick update -

 

Defence has been filed. Court Allocation questionair filled in, fee paid and returned to county court. Now just waiting for a date to be set.

Lloyds TSB - Claim acknowledged 11 May 2006. Defence filed 2 June 2006. Offered to Settle (6th July 2006) !!!!!

Halifax - Next on the hit list!

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  • 3 weeks later...

I just want to say a big THANK YOU to Dave and all the people on this site who have given me their support through this.

 

There was a time when I really considered backing down (which I suspect is what they wanted me to do), as the letters from the solicitors looked rather intimidating - ie telling me the court would find in their favour...

 

I have today, just opened a letter from their solicitors advising that they are going to settle the claim in full, although they would like me to agree to confidentiality (oops!).

 

Just one more question - durring this 'battle' they (lloyds TSB) removed my overdraft facility, without informing me, since then I have been charged the unauthorised borrowing fee month in, month out - should I now pursue them to have this returned to me also?

 

For info - yes I will be donating to this site to keep it going!

 

Also I started this claim 20th Feb, Moneyclaim filed 9th May, informed of intent to defend 2nd June, and now settled!!!!

Lloyds TSB - Claim acknowledged 11 May 2006. Defence filed 2 June 2006. Offered to Settle (6th July 2006) !!!!!

Halifax - Next on the hit list!

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