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Can I correct Credit report and Sue bank for distress

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I applied for a credit card from my Bank at the branch in London. at that time we discussed orally that the payment should happen via direct debit after the 21st of every month. ( credit limit £200)

The Bank failed to setup the Direct debit and the payment for the 22nd of April 2009 failed I noticed that no debit had happened until 24th April and promptly called the bank on 25th April 2009 got the amount paid over the phone and also got the direct debit setup . they reversed all the charges ( total was £219 - 19 over the limit)


On 10 June 2009 my application for a mortgage with a different bank failed . I had a special rate negotiated deadline for which was 12 June 09 . I had no clue until 2 more applications failed and I checked the credit report subsequently.


My bank apparently very promptly pushed informaton to Experian stating that I hadn't paid the credit card amount and even more shocking was that it stated that the payment is still pending .

This is a clear violation of the data protection act on 2 fronts .

1 they failed to update the correct information

2 .they published wrong information.


I have the following questions

1. is the bank right in saying that the credit card payment was delayed when it was fault on their part .

2. Assuming that there is no proof of the oral instruction for direct debit at the branch ,If the payment was settled by me in 3 days can they still claim that the payment is delayed or not done ??

3. can I sue the bank for distress to me and my pregnant wife and if so how much can I claim in the United Kingdom ?


All this issue has cause me immense stress and I am still unsure if my house purchase will go through .

Any feedback is greatly appreciated

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Hello and Welcome,


I've moved your thread to the appropriate Forum.






Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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First Thing To Do Is Phone The Bank


They Are The Only Ones Who Can Correct The Late Payment Markers


I Had Mine Done In 48 Hours


To Begin With, You Have To Give The Bank A Chance To Rectify The Matter



Seems A Bit Harsh Though For One Missed Payment


Have You Checked Your Entire File




Etc Etc

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I called the bank and they promised to fix the credit file .

baring this incident my credit file is absolutely clean.

this incident has led to 3 failed searches for mortgage on my file. I dont know how that can be cleared off so that I can do the mortgage process all over again.


that aside does anyone know how much can a person sue a bank for distress. I was told it could be 10£ and hour .

can any one give me some kind of calculation to justify .

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