First National (Lombard) Tricity Finance (GE) Loan - Incorrect credit file default claim compensation

[mrsfezza]

HELP PLEASE !!!!

 

I had an incorrect entry showing on my credit report. There is an outstanding amount for £2275 this was settled in 2004. [/font]

First National Tricity did not update my credit report to this effect..

 

Instead they registered this on my credit file as a default. The account was registered as defaulted with outstanding balance of £2275. This have a exteme negative impact on my credit rating frm 2004 till 2008.

 

See below for entry

 

First National Tricity Finance Loan [/font]

60 @ £ 105 (Monthly) £ 0 £ 2,275

Current Balance £ 2,275

Status DEFAULTED

Default Date 16.06.2004

 

Default / Delinquent Balance £2275

 

Consequences of this since 2004 I have been unable to obtain credit.

 

I wrote to 1st nat and adv told them I wanted this removed and was seeking compensation in Jan 2008. They immediatly repled in the letter they

 

 

admitted their mistake

 

updated all my credit files

 

apologised

 

declined compensation

 

 

After approx 10 months of argfuing with them they offered me £50

 

I have spent more on phone calls postage req credit files and stationary. I declined.

 

I have reported this to FOS citizens advice buero etc they have advised me to take legal again I NEED HELP PLEASE.

 

From the Information Commissioners Office website I am going to claim for distress damages section 13 Data Protection Act act.

I need help with my claim please help!!!

 

stage 1

 

particulars of claim where to start any ideas please?

Edited December 17, 2008 by mrsfezza

[mrsfezza]

HELP PLEASE !!!!

 

I had an incorrect entry showing on my credit report. There is an outstanding amount for £2275 this was settled in 2004. [/font]

First National Tricity did not update my credit report to this effect..

 

Instead they registered this on my credit file as a default. The account was registered as defaulted with outstanding balance of £2275. This have a exteme negative impact on my credit rating frm 2004 till 2008.

 

See below for entry

 

First National Tricity Finance Loan [/font]

60 @ £ 105 (Monthly) £ 0 £ 2,275

Current Balance £ 2,275

Status DEFAULTED

Default Date 16.06.2004

 

Default / Delinquent Balance £2275

 

Consequences of this since 2004 I have been unable to obtain credit.

 

I wrote to 1st nat and adv told them I wanted this removed and was seeking compensation in Jan 2008. They immediatly repled in the letter they

 

 

admitted their mistake

 

updated all my credit files

 

apologised

 

declined compensation

 

 

After approx 10 months of argfuing with them they offered me £50

 

I have spent more on phone calls postage req credit files and stationary. I declined.

 

I have reported this to FOS citizens advice buero etc they have advised me to take legal again I NEED HELP PLEASE.

 

From the Information Commissioners Office website I am going to claim for distress damages section 13 Data Protection Act act.

I need help with my claim please help!!!

 

stage 1

 

particulars of claim where to start any ideas please?

[mrsfezza]

HELP PLEASE !!!!

 

I had an incorrect entry showing on my credit report. There is an outstanding amount for £2275 this was settled in 2004. [/font]

First National Tricity did not update my credit report to this effect..

 

Instead they registered this on my credit file as a default. The account was registered as defaulted with outstanding balance of £2275. This have a exteme negative impact on my credit rating frm 2004 till 2008.

 

See below for entry

 

First National Tricity Finance Loan [/font]

60 @ £ 105 (Monthly) £ 0 £ 2,275

Current Balance £ 2,275

Status DEFAULTED

Default Date 16.06.2004

 

Default / Delinquent Balance £2275

 

Consequences of this since 2004 I have been unable to obtain credit.

 

I wrote to 1st nat and adv told them I wanted this removed and was seeking compensation in Jan 2008. They immediatly repled in the letter they

 

 

admitted their mistake

 

updated all my credit files

 

apologised

 

declined compensation

 

 

After approx 10 months of argfuing with them they offered me £50

 

I have spent more on phone calls postage req credit files and stationary. I declined.

 

I have reported this to FOS citizens advice buero etc they have advised me to take legal again I NEED HELP PLEASE.

 

From the Information Commissioners Office website I am going to claim for distress damages section 13 Data Protection Act act.

I need help with my claim please help!!!

 

stage 1

 

particulars of claim where to start any ideas please?

[Monty2007]

HELP PLEASE !!!!

 

I had an incorrect entry showing on my credit report. There is an outstanding amount for £2275 this was settled in 2004. [/font]

First National Tricity did not update my credit report to this effect..

 

Instead they registered this on my credit file as a default. The account was registered as defaulted with outstanding balance of £2275. This have a exteme negative impact on my credit rating frm 2004 till 2008.

 

See below for entry

 

First National Tricity Finance Loan [/font]

60 @ £ 105 (Monthly) £ 0 £ 2,275

Current Balance £ 2,275

Status DEFAULTED

Default Date 16.06.2004

 

Default / Delinquent Balance £2275

 

Consequences of this since 2004 I have been unable to obtain credit.

 

I wrote to 1st nat and adv told them I wanted this removed and was seeking compensation in Jan 2008. They immediatly repled in the letter they

 

 

admitted their mistake

 

updated all my credit files

 

apologised

 

declined compensation

 

 

After approx 10 months of argfuing with them they offered me £50

 

I have spent more on phone calls postage req credit files and stationary. I declined.

 

I have reported this to FOS citizens advice buero etc they have advised me to take legal again I NEED HELP PLEASE.

 

From the Information Commissioners Office website I am going to claim for distress damages section 13 Data Protection Act act.

I need help with my claim please help!!!

 

stage 1

 

particulars of claim where to start any ideas please?

 

Have you gone to the ICO? Looks like it is in their in interest to get this sorted. I am surprised the FOS did not get more involved, you may have to issue court action, a few people are going down this route.

[MARTIN3030]

There is provision under the data protection act for compensation.

However since you cite damages and distress,you will have to prove the level and nature of this,together with any financial loss or burdens.

This is the difficult part.Also credit searches are only kept on file for a limited time,which makes it difficult as well.

Any rejection letters for things that you have applied for but not been given citing credit checks are good to begin with.Letters from debt collectors or baliffs are also good,though I dont suppose you will have had them.

Its a process of building up a case,because the level of any award,would be at the discretion of a Judge.

That discretion ultimately will rely on you showing some evidence that you have suffered.

You would need to get this together BEFORE drawing up and POCs for a claim.

In the meantime,you have nothing to lose by asking TF to up their offer.

Maybe better to start by giving them a figure that you feel is appropriate,and also takes into account what a County Court Judge can dish out.

Keep copies of their responses,stating that they may be used later to show the Court you have tried to resolve it ammicably.

 

If you are going to issue a claim based on duty of care or negligence,then there are different pre action protocols needed.I suggest you read up as much as you can.

Edited December 18, 2008 by MARTIN3030

[mrsfezza]

what would you do

[mrsfezza]

i did they have told me to take legal action they cant do anything about though cause they were not regulated by them till 2007

[MARTIN3030]

3 threads merged.Please stick to 1 thread so as to avoid confusion

[mrsfezza]

HELP PLEASE !!!!

 

I had an incorrect entry showing on my credit report. There is an outstanding amount for £2275 this was settled in 2004. [/font]

First National Tricity did not update my credit report to this effect..

 

Instead they registered this on my credit file as a default. The account was registered as defaulted with outstanding balance of £2275. This have a exteme negative impact on my credit rating frm 2004 till 2008.

 

See below for entry

 

First National Tricity Finance Loan [/font]

60 @ £ 105 (Monthly) £ 0 £ 2,275

Current Balance £ 2,275

Status DEFAULTED

Default Date 16.06.2004

 

Default / Delinquent Balance £2275

 

Consequences of this since 2004 I have been unable to obtain credit.

 

I wrote to 1st nat and adv told them I wanted this removed and was seeking compensation in Jan 2008. They immediatly repled in the letter they

 

 

admitted their mistake

 

updated all my credit files

 

apologised

 

declined compensation

 

 

After approx 10 months of argfuing with them they offered me £50

 

I have spent more on phone calls postage req credit files and stationary. I declined.

 

I have reported this to FOS citizens advice buero etc they have advised me to take legal again I NEED HELP PLEASE.

 

From the Information Commissioners Office website I am going to claim for distress damages section 13 Data Protection Act act.

I need help with my claim please help!!!

 

stage 1

 

particulars of claim where to start any ideas please?

[MARTIN3030]

mrsfezza,

Why do you start another thread in the Welcome forums,when you have active threads on this ?

As has been outlined-the crux is in proving and being able to show conclusively,the evidence to achieve maximium compensation.

Will merge again this post with your others.

[mrsfezza]

im sorry can you help me

 

i seen your comment about the 3 threads in one

 

tried to fix my error clearly done it wrong

 

 

do i need to start my thread again or shall i leave like this

 

sorry

 

thanks

[mrsfezza]

i have started to draft a poc can any one give advice

 

i really have no idea what to write so any help needed

 

In January 2008 my partner and I were unable to get a mortgage. We were declined by 2 mortgage companies. Lenders stated are applications were declined as there was a default account with an outstanding balance showing on my credit file. I obtained copies of my credit file which confirmed there was an account in default an outstanding amount for £2275 this account was with First National Tricity Finance LTD. This particular account was settled in 2004. First National Tricity Finance LTD did not update my credit report when the loan was cleared.

I contacted First National Tricity by letter requesting a full Subject Access Request on 05.02.08 they did not respond and ignored my request. Breaching the Data Protection Act act, I reported this to financial ombudsman service who investigated this matter. In October I received all my account information.

 

 

First National have since confirmed in writing this default was an error, apologised, updated my credit file then declined compensation.

 

I sent a further letter containing all my credit file and evidence that this default has had an extreme negative impact on my ability to obtain credit. They contacted me via phone and stated that there was no such entry on my credit file and this default was never present I had made a mistake. I reminded them that they had wrote to me confirming there error and that this had been rectified by them. They denied all knowledge.

 

They then contacted me via phone offering £50 compensation. I declined this offer and they refused to discuss this any further.

I have been trying to resolve since Jan 2008. I have no other choice but to file a claim as they will not deal with my complaint. I have been advised by the FOS to start legal proceedings.

 

Under section 13 of the data protection act

 

An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

[reallymadwoman]

First of all, you need to stop trying to deal with this by phone and keep everything in writing. If you haven't already done so, you need to send a 'Letter Before Action' to First National.

 

To leave your options open, at this stage you could say you will be claiming under the Data Protection Act and negligence.

 

In this thread http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/173208-successful-court-action-default.html there is a letter before action in post 3 which you could use as a guide. You shouldn't just copy the letter as firstly you need to make it suit your circumstances and secondly you need to be absolutely certain that you understand what you are alleging and what you are claiming. If you're not sure, ask. There is also a link on that thread to information about pre-action protocols, which you may also find useful.

As a previous poster has suggested, you will need to be able to prove any losses, so make sure any correspondence you've had turning you down for credit is available etc.

If you draft your letter, I will be happy to have a look at it and give my opinion, but that's all it will be. I'm not a solicitor and whilst I won my case, I think it was more luck than anything else.