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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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Re: diamondcats v Abbey


diamondcats
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Hello everyone

 

I wonder if anyone could help me. I have filed a claim against my bank, Abby, and have just recieved a reply from the courts which I am confused about.

 

The letter states the following:

 

"Upon the courts own motion. The court has made this order of its own initiative wothout a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it."

 

(first of all what does this mean, what happens in each of the three options i.e. to have an application set aside, varied or stayed and how would you go about either of them?????)

 

The letter then continues as follows:

IT IS ORDERED THAT

 

"This matter be listed on the 4th of July at 2:00pm to consider striking out the claim as disclosing no reasonable prospect of sucess in the light of the recent decision of Berwick -v- Lloyds TSB 15 May 2007."

 

My understanding is that the above case was dissmissed from court as the Judge, Judge Cooke from Birmingham, "took the view that the bank charges were legitimate fees for a package of services and not excessive penalty charges" (This Is Money, 2007) and was referring to charges of an overdraft.

 

My case is not claiming for fees incurred from an overdraft as I did not have one but from Direct Debits. All the charges I want to claim back are of approximately £2200 including interest all of which I was charged over a one year period. I was charged twelve times in one day at £35 per time as they just kept trying and trying repeatedly.

As a result I see my charges as extremely unfair penalties and would like to ask if I can appeal against the District Judge Besford for considering striking out my claim on the grounds of an unrelated claim?

 

Please answer as soon as you can as I have to reply to the court by tomorrow, my 7 days are over. I would have asked earlier but I have only just found your site :-(

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Hello again

 

Just to say that I have now had things explained regarding the letter I recieved (must have been having a dizzy day). I simply have to go to court on the date set where the Judge will decide whether my case is worth pursuing. :-)

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Which court is this?

 

I think you would be wise to do a bit more than just turn up at court and see what the judge decides. He has obviously misunderstood/not read the judgement on the Birmingham case.

 

You ought to have your own thread - you might get missed here at the tail end of a successful thread.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

 

 

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Bump for a mod!!

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

 

 

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Thanks Bookworm - can you contact diamondcats - not responding to PMs

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

  • Haha 1

 

 

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Thanks Bookworm - can you contact diamondcats - not responding to PMs

 

Steven

 

 

He/she will get notification by e-mail of the PMs sent, so can't do much more than that, all we can do is wait and hope he/she will log back on soon.

 

Thanks for finding this, Steven. :-)

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Can i ask what Bank this is at?

 

Abbey Bank (aka Abbey National), the case is at Hull

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

 

 

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I thought you probably did.

 

Are you a Hull person too? If so, you need to respond to http://www.consumeractiongroup.co.uk/forum/announcement.php?f=12&a=94 as soon as possible

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

 

 

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Hello Steven

 

Thank you for your response. I will try to get you the details you have asked for (somehow) I dont have a scanner and my computer knowledge is a bit primitive :???: . Yes the court my case is being dealt with is in Hull.

 

:)

 

 

 

Thanks Bookworm - can you contact diamondcats - not responding to PMs

 

Steven

 

If this post is helpful, please click the scales

 

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

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Hello Steven

 

Thank you for your response. I will try to get you the details you have asked for (somehow) I dont have a scanner and my computer knowledge is a bit primitive :???: . Yes the court my case is being dealt with is in Hull.

 

:)

 

DiamondCats, please do not send your info to Steven (no offence, Steven!), pls send it to:

 

 

Even if you can't scan the stuff straight away, I strongly recommend you e-mail them asap with your contact number as per this announcement:

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?a=94 and take it from there.

.

.

.

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No offence taken - I was trying to get DiamondCats' info there anyway. I'm happy to butt out now

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

 

 

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