I've ignored DCA's, refusing to answer security checks. They harassed us for months but eventually realised that the OC was getting payments. Until (if at all) you get a letter from the OC you could try that? If you can find an honest copper, it might be worth speaking to them? Report it to your MP too. Just in case they care. In case you've not signed this, perhaps you could? -xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Cheers, Richard

I had understood that the satisfied default could be removed at the discretion of the people that lodged the default. It seems unfair that the default is satisfied yet it's impossible to get low interest credit or a mortgage. My MP says that he's looking into this but there's been no evidence of any action these past 2 years. Readers should get their MP involved. As the recession begins to end and folk get their jobs back, it's very unfair that despite paying off their debts, they'll be unable to get credit in the same way that they may have done before the recession.

Good luck with this. I've been trying to warn people against PC World. They shouldn't be operating the way they are.

A maximum small claim for £5K is the answer. I'm aware the small claim limit is to be increased to £15K. When this happens one can claim £8K for this kind of cock up. Until people start claiming, the likes of VF will have little incentive to tidy up their act. Phil you can also ask the court to order all your points in the small claim. An £8K award for this kind of cock up was confirmed in my case "Durkin v DSG & HFC" by Scotland's highest court. It was based on an amount received by Kpohraror in his claim against Woolwich in 1996. He was only screwed for a few hours though, as opposed to years. The justiciary currently don't recognise the difference. Still, £5K is £5K and you'll get the £40ish fee back. Higher courts really are something to avoid if you can. With the default already removed, I'd imagine your credit report should be OK now to do as you wish. I'd let the courts get the cash for you while you crack on with life the way it should be lived. This route will also benefit others. Cheers, Richard.

Nice one. More dodgy lawyers. I'd try a maximum small claim along the damages without proof route. It's far too much of a ball ache to prove stuff that VF already know to be true. It's quite easy to fill in the form and should cost less than £40. Let the court do it's job. It'll probably be quicker. VF have already removed the default so I suspect they'll not be too keen to force you into the higher courts. I was maliciously defaulted preventing me from a family home to this day and beyond. Good luck with getting compensation. I believe this is your easiest route. Just remember that the courts cannot replace the time you've used stressing over this. Lee seems to have done an excellent job for you but VF's lawyers are a different breed. Durkin.

Unsure if you have a right but it seems reasonable to ask. The court will help you with a small claim. You can claim £5K in the small claims court for damage to credit reputation. Once the maximum limit rises to £15K folk can claim an easy £8K. The court may actually be quicker than the ICO. My experience is that the ICO are a waste of time and space. Legal action should make them think. My case has snowballed into a £500K action being helped through to the UK Suoreme Court through charity.They'll probably not want a similar action to develop. For less than £40 it could be worth a try. You can quote Kpohraror v woolwich 1996 and to a certain extent my case: Durkin v DSG & HFC Good luck.

Small Claims Court should award you £5K for damage to credit reputation. Once the maximum claim rises you can claim £8K. I think this isn't enough since in Kpohraror v Woolwich, Kpohraror was only shafted fora day.You have an advantage that they admit they're in the wrong. You're lucky that British gas showed no malice too and removed the default.Still, may as well get an easy £5K/£8K from them. Nice one.

All i wantfrom them is: 1. stop reporting me being in arrears when i am paying you every month and you tell me i owe nothing! 2. contact experian and get them to remove the 12mths worth of unfair and incorrect default notices 3. let me pay the balance of the loan in peace without ruining my credit Ask them nicely. If they don't comply, a quicker way to get them to reconsider might be a small claim for damaged credit reputation. Good luck.

Hi Tiscon, British Legion could be a good ally to infiltrate the various lodges that the bankers may be part of. Officially though it is the government that is supposed to legislate. Your MP should try and apply himself better. I'm afraid I was guilty for the first 4 years of my default for just paying up (although I repetitively asked the bank to remove it). It's much easier! The problem arose when I was unlucky enough to be in a situation where the default prevented me raising enough for a deposit for a family home. In a rapidly rising market, that was particularly malicious. I had no idea the law would be so slow and ineffective. The banks believe they are above the law. The government certainly appears to be on their side. Our only hope seems to be Supreme Court intervention. I can see why some folk are driven to crime. We're effectively fighting criminals here. Criminals backed by our government! Lawyers just milking the situation haven't helped. Cheers, Richard

Ah! Good point. I had no idea. The bank won't let you claim the "easy £5K", without first making you shell out for it! Very cunning. Gives the lawyers a slice of the reparation too. (Edit - actually you're saying it's the judges themselves that are fast tracking the claims. Interesting. Stinks a bit. Perhaps it's just slopey shoulder syndrome in the absence of case law. Perhaps its the handshake. The banks are at it for sure and they are being aided by mysterious sources within the government) It's complicated because there isn't really any case law that's relevant to the modern day. Kpohraror v Woolwich Building Society backed up the claim for damage to general creditworthiness. He was screwed just for a few hours I think. I was screwed for the full duration (and more). Here's the link to the Aberdeen Judgement. http://www.scotcourts.gov.uk/opinions/A187_04.html Take from it, what you will. During my experience, I've noticed lawyers are very keen to fit their cases to match previous ones. In the appeal court, one of the judges had queried the relevance of a case. Personally, I queried the relevance of just about every one. My representatives had a shed load of case law that was irrelevant, as did the bank. It took 6 days to wade through, despite me wanting to keep it simple. They make it seem complicated to earn more. It isn't. The banks are crooks. When my "representative" suggested that there was no case law regarding my specific claim for damages, the judges all had blank looks. They didn't know what to do. They simply decided to go with the banks advocates. That is why it is difficult. The judges themselves don't have a clue how to judge novel cases. It's necessary for the Supreme Court to lead the way. My appeal will be heard at the end of this year at the earliest. The standard waiting time is about 2 years. It's a ruling that the UK so desperately needs. What we have at the moment is the debacle of the appeal judgement in Edinburgh which only confirms that one is entitled to £8K if you can prove (and plead very carefully) that there has been a wrongful default. I understand you have a better chance in England. I can't explain why on here but I'm happy to be getting a chance in London to finally get justice for the consumer. I hope you will be allowed to present a very simple case. The other side will try and make it complicated. Have you told your MP what you're up to? It would be much better if we just had some decent laws to begin with. Good luck. Richard.

Excellent news. Well done. I'm really surprised that not many more folk are going for damages though. It should be quite straightforward. Hopefully you will now lead the way since we're still tied up with the Supreme Court. Let us know if you manage to get the reparation you're asking for. I hope so. The Aberdeen sheriff in my case failed badly to understand our claim. Good luck. Richard

Start the small claim anyway until someone else more knowledgable gets back to you. A judge should find a way to help you.

Thanks for all your continued support. Rupert Jones finally pulled through with this article. http://www.guardian.co.uk/money/2011/mar/12/pc-world-laptop-paul-durkin?commentpage=last#end-of-comments Cheers, Richard

Please sign this petition to strengthen the law and prevent banks from defaulting disputed accounts. http://www.gopetition.com/petition/43459.html The story so far: HFC Bank process a credit agreement in 1998 for a PC World sale that didn't exist and ask me for payments that I don't owe. In 1999 HFC default me despite me asking them not to and explaining clearly that they're at fault. HFC refuse to remove the default which subsequently prevents me from buying a house . In 2004 I have no choice but to turn to the courts to "force" HFC to remove the default. By 2006 the default expires naturally, but the legal action is still going on and the house price has doubled! The credit I can now get goes directly to the lawyers. In 2008 the lower court agrees that HFC owe me reparation yet only awarded 40% of what is required. See the judgement here: http://www.scotcourts.gov.uk/opinions/A187_04.html The judgement is appealed by both sides and eventually heard in 2010, by which time the recession has forced me into a job paying half and I am no longer able to service the debt on £200K of legal fees so far. Defaults issued. Appeal court rules that HFC were entitled to default me! See the appeal judgement here: http://www.scotcourts.gov.uk/opinions/2010CSIH49.html Luckily, through Law Works Charity and the Free Legal Srvices Unit an appeal to the UK Supreme Court is being prepared with "significant" prospects of success. The difference will be that the UK Supreme Court does consider the facts and the evidence and will rule in the interest of justice. My local MP, upon reading the opinion of counsel, finally accepts that the legislation needs stregthening. He undertakes to persuade the government to do so, but he is one man and not the fastest operator. This petition may help move things along quicker. HFC still don't accept responsibilty for their actions. Mervyn King says that banks have lost their morals. Well, I'm living proof that these were lost at least 13 years ago! I'm in an action to the UK Supreme Court, the first of it's kind that will set up case law for others to follow if necessary. Please sign this petition to strengthen the law and prevent banks from defaulting disputed accounts. http://www.gopetition.com/petition/43459.html

Cheers for the tips Buster. I'm still exploring the "underground". (Perhaps you could PM me a contact?) Shadow, please could you liaise with the site team to spread this over the forum appropriately? http://www.gopetition.com/petition/43459.html Thanks to everyone that's signed this petition. I understand if we can get 500 signatures, the government will be obliged to comment. There'll hopefully be a reference to this in the Guardian, perhaps next Saturday. Buster is right though, the story is likely to be less consumer orientated than we'd like. MP is now looking into strengthening the law but he's not the fastest operator and is just one man. This petition will be addressed to the government as a whole. It's also good ammo when applying for legal aid on a wider public interest basis. Comments are ace. Cheers, Richard.

Thanks Rhia & Scrapper for the tips. The journalists are all dragging their heels but I live in hope. Meanwhile, in the absence of a #10 petition, I'm trying this: http://www.gopetition.com/petition/43459.html Thanks to everyone for your help. Richard.

John, thanks for the ICO Guidance. HFC don't follow this. In fact they cried in front of both courts saying that they didn't know what to do when someone disputed a default. The highest court agreed that they couldn't possibly have known what to do! Civil court judges can only use the law to reach their judgements. The law is so complicated that the judges can give almost any decision they like by "interpreting" it in different ways depending on the hand shake. Guidance will not sway a civil court judge. I've tried. The MP's must turn this guidance into simple law that cannot be "interpreted". The ICO have wasted my time. Too many people believe they are the answer. They're not. A UK Supreme Court ruling will shake things up. Not the ICO. When an MP refers you to the ICO, they're being lazy. They need to work together to strengthen the law in favour of the victims.

Probably both. Certainly the latter. Unsure about OFT. They don't seem to have any power. It's the law itself that needs to be clarified. If banks are happy to break the law, they're not going to be too sad about ignoring guidance! If the default doesn't seem right the chances are that it is wrongful.

I believe so. As long as it's within 5 years of being registered. So it depends on when the default is removed. However, if it was removed by legal action, I believe you then have a further 5 years to make a claim for damages. Sadly, I think the answer is no (I've hassled my MP about this but I'd rather have an MP who cares). The law as I understand it, only allows you 5 years to take legal action. FOS don't have much of a clue and take too long. Sadly, in Aberdeen anyway, the court tends to agree with whatever they come up with! You should be able to claim £5K (£8K+ if you can be bothered with ordinary cause) for a defaut that shouldn't be registered. Apparently banks aren't forced to remove defaults once they're settled. I'm really angry with my MP for not sorting this. He is just one man though. Nobody in government or the judiciary seems to understand that a "settled default" is just as financially crippling as a default. Millions will realise this once they try and come out of the recession. Hopefully, by then, this new government will have it sussed.

This is what everyone is doing. Such a shame. I'm convinced it's an easy £5K. I suppose not. By having the CCJ removed you've mitigated your losses. If you had have compiled a claim for damages earlier, you'd have probably delayed the removal of the CCJ which was inducing the losses. It simply would have been neater to tie everything up together. I've had representation for much of the proceedings. This will be paid for eventually. My personal time doesn't have a price tag. The time can never be replaced. I am very unhappy about that. Your court officer can advise you what you can claim for. As a party litigant I think it's something like 75% of what a solicitor can charge. The main difference by far is that the solicitor doesn't suffer the stress of the victims!

Your claim for difference in interest will run from the date you first attempted to apply for the lower interest. You'll also have to show that you asked the wrongdoers to remove the CCJ and they'll likely argue that any additional loss above the £8K will be from the date you asked them to remove it. As long as you can confidently prove your losses, you should be awarded them in court but a lot will depend on the judge. Many of them are exceptionally weak at basic maths. It may be better to find a financial expert to explain exactly the way you've lost out on the difference in interest. The advocates for HFC in my case for example pretty much successfully argued that a 0% credit card is no better than a standard rate card! 0% is less than 30% isn't necessarily judicial knowledge! (Scotland is a little different though as they're not big on facts or evidence!) Experts may cost quite a bit (over £1000) It's a shame you didn't apply for damages with the initial action to remove the CCJ. Hopefully though, you'll get a settlement out of court. It really is a great deal of stress outside the small claim court. If you're forced into it though, your action will benefit others that follow as your claim will become standard. Unbelievably, since my case was decided in Aberdeen, nobody seems to have bothered claiming an easy £5K while having their defaults/CCJ's removed.

Well done getting the CCJ removed. You're now entitled to £8K as per Kpohraror. If you're looking for more than that you need to prove your losses. These losses must also have been reasonably forseeable. Try and deal with the people that wronged you directly. They may be better off paying damages than defending. (HFC Bank are discovering that with my case but I guess they'll pass it all on to PC World anyway) If you keep things within the small claims court, you'll only be allowed £5K. Beyond this there's a huge amount of stress and the added burden of not getting all your legal costs back despite being the victim. If you do end up beyond a small claim, it may be worth mentioning to your judge that Kpohraror was financially crippled for a few hours whereas you've been financially crippled for 3 years! (I remain financially crippled after 13 years!) My case is UK law. Feel free to refer to it too. It should make more sense once the UK Supreme Court has dealt with it. I hope you're soon put back in a position you should be in had you not been financially crippled. Of course time can never be replaced. It is better the law is strengthened to prevent wrongful CCJ's in the first place. Ask your MP to have a word with the ministers on that one. Richard.

Time for a story. Could someone PM me details of a journalist who'd like to help. Preferably in the London/Kent area. We need to make this blatantly clear, despite the blatantly obvious, that a Supreme Court ruling prohibiting banks from extortion/defamation/negligent misstatements (basically issuing wrongful defaults!) will be in the public interest. The team's in place (pro bono) and prospects of success are "significant". Cheers, Richard.

Get a small claim in today. It's the quickest way. There's an exemption form the clerk of the court will give you if you can't afford the £40 ish. Otherwise, you'll need to get advice from Citizens advice bureau (CAB). In that case you should phone to make an appointment (ask for a legal advisor) otherwise you could be sat there all day. Meanwhile, I'm fighting to pevent these muppets defaulting disputed accounts. If they're not willing to take you to court, it seems like extortion. Just do it. You may well get £5K!

I know how bad a default can be. I'd invest about £40 in a small claim for £5000 in general damages to credit due to a negligent misstatement. It'll be the quickest way to get MBNA to listen. It seems like you're the victim of fraud but that shouldn't inspire MBNA to ruin your life. If they think you owe them money they should sue you; not bully you into paying money that you don't owe. They're evil. In your local court, there should be some in court advisors to help you. Good luck.