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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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hope v first direct


hope0715
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Thanks

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I have been viewing this site for sometime (its a great site and has helped reading all the other threads to give me the courage to go ahead with my own)

so i thought i would post my case to-date :

DPA sent to first direct 25th april 2006 received 6 worth of statements within 7 days by courier. Account was closed in 2004 so dont have to worry about the threat to close it.

charges amounted to £1741.50.

Preliminary approach letter sent for full amount 18th may 2006.

Letter recieved from Deborah Malins 22nd May - usual blah we dont agree.

LBA posted today by recorded delivery.

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Latest update:

 

I recieved a reply from First Direct 15th june - standard letter saying they are sorry i remain dissatisfied with their last letter, but do not agree that the charges were unlawful so are not going to refund any of the money and that is their final response.

Not sure whether to wait the 14 days as i had stated in my LBA or just go straight ahead as they have now replied

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Hi Hope,

I didn't but it is your call. If in doubt my advice would be play it by the book.

IMHO a 'final response' from them is just that. They are saying dialogue is over, go away. We're right, you're wrong.

You've tried to keep it out of the courts and they've made their position clear.

This is just my opinion and nothing more. You must decide for yourself.

Good luck.

Keep us posted.

Nemo me impune lacessit!

The hours of folly are measured by the clock; but of wisdom, no clock can measure.

As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

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I agree with Mindbomb. If you get an unequivocal "This discussion is over" from them, you might as well file... but if you leave it until the 14 days are over it MIGHT be seen by the judge as more reasonable. With a response like that, though, it's six of one half a dozen of the other.

 

In the end I waited the 14 days; but I took into account the fact that I'm the unluckiest man alive and if they were going to get nasty with ANYONE it would be me.

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Thanks both for your advice,

looking at my shifts i wont be able to file the claim until friday 23rd, i think thats close enough, unfortunately after my divorce i was only able to afford a computer with the memory capability of a gnat!, so i havn't got enough memory to download the spreadsheet and havn't got excel !

I will hopefully be able to use sisters computer,

will update when case has been filed,

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Please I need help filling out the N1 Claim form.

I had started on the moneyclaim site but my computer crashed just after i had registered my name. I had already printed out an N1 claim form so i will try again tomorrow but there are few things i am a bit confused about, i have had a look around the forum but i cant find the answers and dont want to get it wrong.

 

1. BRIEF DETAILS OF CLAIM - what do i put in here?

2. VALUE - Is this the same value as the 'amount claimed at the bottom of the form?

3. Do i have to send the court a copy of my schedule at this stage? or do i wait until they enter a defence?

 

I am sorry if they sound stupid questions but really want to get it right

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I'd suggest reading Monkey's thread. Worked for him. I copied him and it worked for me too.

HTH

Nemo me impune lacessit!

The hours of folly are measured by the clock; but of wisdom, no clock can measure.

As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

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I have now filed my claim via moneyclaim. But i think i may have made an error with the statement regarding the 8%.

I have worded it as has been shown but i have put the interest from 16/06/2000 to jan 2005. (which was when i closed my account) Instead of today's date! Will this mean that the interest will only be added up until Jan 2005 or does it add up anyway until the court date?

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I spoke with moneyclaim today they were really helpful. They told me to send them an e-mail to withdraw my claim before 9am and then re-submit a new one. they told me i would be refunded for the first one as it had not been served.

So have re-submitted another one this time putting todays date on it.

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Money claim have refunded me the 120.00 for the 1st claim which i withdrew due my own error.

I have re-submitted another one and according to the moneyclaim site it has been issued but i have not heard anyhting yet

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  • 2 weeks later...

Just a quick update first direct acknowledged my claim on 4th july. On 5th july had letter from DG solicitors offering me half - you can guess what my reply was!!

2 days later received letter offering me full amount!!!

 

signed and sent letter back

then received letter saying thank you for sending back letter and funds would be in my account in a few days - am still waiting

 

nearly there!!

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Arrived home from work yesterday to find a cheque for the full amount on my doorstep.

Thank you dave for setting this forum up. Without this site i would not have had the courage to take them on.

As soon as cheque is cleared will be making my donation - with pleasure

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