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Default damages claims - case law


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Hi All,

 

Wonder if you can help me!

 

In a nutshell: (1) I VT'd my car at the end of 2009; (2) after the car was collected the (very wide) HP credit provider made a spurious claim for damages (which has since been withdrawn by them after heat by the FOS); (3) in late 2009 the HP credit provider defaulted my account without serving me with a default notice - even though I never missed a single payment; (4) I lost access to £8400 of credit from my credit card provider in early 2010 as a result of this default; (5) I CCAd the HP credit provider and also sent a SAR (which was ignored); (6) passed to the FOS - should have been an open and shut case (I thought - how wrong can you be); (7) FOS are taking an inordinate amount of time in dealing with my complaint (they cannot understand why I might be a little pee'd off about being defaulted unlawfully); (8.) HP credit provider is still defaulting my account every month since late 2009 but have told the FOS that they have not defaulted me (eh?); (9) HP credit provider has made a final offer to write off the £1000 left on my credit account (which I do not owe them because I VT'd after paying much more than 50% of the credit agreement amount), give me £25 for stress and injury (yes, you did read that correctly) and mark the default as 'satisfied' (if I sign a disclaimer giving them 'nil liability'); (10) FOS think this is a good deal (ever get the feeling that the lunatics are running the asylum at the FOS?); (11) fed up of dealing with the FOS muppets, I am going to take the credit provider to court (form N1, here I come).

Please can anyone give me some guidance about the case law regarding the amount of damages which can be claimed for unlawful default? I already know about the Data Protection Act 1998 Part 2 Section 13. I also know about Kpoharor v Woolwich Building Society 1995.

 

My understanding is that I can claim the amount of credit that I have been deprived of, i.e. £8400 damages, and £1000 for injury.

 

Am I right? Any relevant info welcomed.

 

Regards,

 

tripod101

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£8000 for injury. Other damages you'd need to prove the loss. This is a pain. £8400 access loss is not necessarily £8400 actual loss etc... is what the defenders might argue.

 

A small claim for £5K (max in the small claim court) may be a less stressful option.

 

Durkin v DSG & HFC will be in the Supreme Court hopefully within the next 2 years.

 

When you sue them, insist that they remove the wrongful default. A satisfied default is just as damaging as an actual default.

 

Kick some ass!

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Thanks Durkin! Are you actually Richard Durkin? If so, I've been reading all about your case over the past week! You've got balls of steel, mate!! Best regards, Tripod101.

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'tis I. I've nothing to lose. My MP's finally showing an interest now that it's in the Supreme Court. The stress hasn't killed me yet. I'll keep fighting 'til these guys see reason. People die because of these idiots.

 

Good luck.

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