Durkin v HFC. Anyone tried it?

[KINGO99]

Richard - The FoS confirmed the default was improper - there is no doubt as to that - the issue now is compensation and they ignored your case and King v Linen - that is the case I intend to take. I wish to attempt to affirm your case and am also preparing a submission to Treasury Select Committee with regard to incorrect credit references and that stricter controls and sanctions need to be applied.

 

Kingo

[Durkin]

Hi Kingo,

 

A shame they ignored it. Yes. Everyone that has been wrongfully black-listed is entitled to £8000 in damages. Regardless if they were screwed for 3 hours or 3 decades.

 

Surprisingly, nobody has clamed this!

 

I understand judges have bullied some small (£5K or less) claimants into the higher court, effectively scaring them off.

 

Evil is all around us.

 

Courts higher than the small claims court have to deal with too much legal procedure and victim's expenses aren't fully reimbursed.

 

I hope you can keep your claim in the small claims court. It should be an easy £5K and may teach the villains how to behave better.

 

There is at least one member of the Treasury "Select" Committee (I'm not sure if he's still there - I hope not) who used to be involved in maliciously dishing out defaults and blackmail!

 

Good luck with that crowd.

 

Richard.

[Old Cogger]

Hi Kingo,

 

A shame they ignored it. Yes. Everyone that has been wrongfully black-listed is entitled to £8000 in damages. Regardless if they were screwed for 3 hours or 3 decades.

 

Surprisingly, nobody has clamed this!

 

I understand judges have bullied some small (£5K or less) claimants into the higher court, effectively scaring them off.

 

Evil is all around us.

 

Courts higher than the small claims court have to deal with too much legal procedure and victim's expenses aren't fully reimbursed.

 

I hope you can keep your claim in the small claims court. It should be an easy £5K and may teach the villains how to behave better.

 

There is at least one member of the Treasury "Select" Committee (I'm not sure if he's still there - I hope not) who used to be involved in maliciously dishing out defaults and blackmail!

 

Good luck with that crowd.

 

Richard.

 

If you can claim why not go for it, ?

[Mike_hawk]

Richard

 

PM sent

 

Phil

[paulwlton]

There's a multi track case going on at the moment. The LIP is claiming 96k for credit damage using Durkin and case law referred to in same.

[CatchtheMonkey]

There's a multi track case going on at the moment. The LIP is claiming 96k for credit damage using Durkin and case law referred to in same.

 

Yes Paul, I'm very familiar with this case and tracking it closely seems that the LIP is very close to winning his case as the default that occurred in this case is admitted without reservation it was an absolute false default and has the admittance from the creditor it was.....the fight is how much damage has been done over a 3 year period....the creditor is trying every trick in the book to stop this case being heard.......case has been in progress for over 2 years........final hearing date has been delayed and no new date fixed as yet. The Durkin summary of damage is being used by the LIP which so far the Judge has accepted is submissable.

The creditor has now changed their Counsel and engaged a big hitter against the LIP, and he faces a real fight

[phaitun]

Hi Richard, congratulations on sticking with it for so long i am considering using it, also considering using some human rights - rights to privacy arguments in realtion to a default that was added wrongly last year and then recently removed when i challenged it with the aid of the good people on this forum.

 

I believe that you or another made comment on my case/thread on this forum at the time.

 

Is there a timescale for claiming for damages after it has been rectified?

 

I am very very busy at the moment as a defendant in TWO County Court Claims going to AQ as we speak and also have a deadline of 8 days of filing some important documents for Mrs phaitun as she has a settlement visa application to submit, also trying to get a small business off the ground for Mrs P and have 1 Job full time and 1 part time business running just to make ends meet so up to my neck in it at the moment.

 

Once the Visa app for Mrs P is sorted next month and i get to grips with the 2 x claims i am seriously considering making a claim ref my defaults. Time is limited however i have always been a fighter, and havenever ever gave up on anything i did until i have exhausted every possibility.

 

I admire your tenacity

 

The default in question was removed last month after a bit of an effort on my part.

 

As a result of the default i have been rejected/declined for 2 x credit applications and i also felt that i could not apply for a more lucrative position within my organisation (internally) as it would mean enhanced vetting and CRA checking which would have highlighted the default and:-

1. prevented me from getting the job if i applied for it despite being the most qualified person in my organisation to do it.

2. this would have also jeapordised my job role at that time as i have not disclosed it and another colleague/friend who was subject to the enhanced vetting was moved sideways into a less 'important and prestigious' role when it was discovered she had markers on her CRA files. So if i had applied and they did the checks not only would i not get the job, i would lose my current position and probably never work within my area of expertise again within the organisation.

 

I wish you well in your endeavours and Supreme Court case together with all those who seek to fight for justice v these greedy organisations and will post my thread if and when i decide to claim

[Durkin]

 

Is there a timescale for claiming for damages after it has been rectified?

 

 

5 years. Well done for getting the default removed.

 

I recommend keeping things in the small claims court. Life's too short.

 

If everyone were to hit these criminals for an easy £5K (£8K if the limit is increased), they'd soon be acting more responsibly.

[Durkin]

The LIP going for £96K is inspirational.

 

My case is different because HFC has never admitted fault resulting in prolonged and continuing damages to this day and beyond.

 

I'm dealing with malice. The LIP is dealing with a creditor that doesn't want to be the first to get stung for significant damages that could so easily have been prevented. It's possibly cost the creditor more than £96K to stall.

 

The advantage he has is that the judge will hear the truth about the damage that wrongful defaults cause, unlimited by the "Chinese whisper" effect of having representation. This will be good for all of us.

 

Another advantage is that he'll not have a legal bill that could wipe out the claim.

 

We're always told that we'll be at a disadvantage without representation. The main reason for this, as I understand it, is the possibility to lose on a "point of procedure".

 

Law is far too complicated and open to deliberate misinterpretation by corrupt judges.

 

Judges should interpret the law in favour of the victim.

 

I hope he gets a good judge. Some judges (including Scotland's highest) don't have a clue about this modern problem, despite it being all around them in everyday life.

 

I wish him luck and hope that he is awarded reparation as soon as possible.

[CatchtheMonkey]

Hullo Richard,

 

I have followed this oersons case and your own very closley and I can asure you that 90% of is is an EXACT mirror of your case ........even down to the fact the initial dispute that has protracted into the big claim it is now .......began from a laptop bought on the HP the similarities are amazing.

 

I can contact that person and ask him to contact you direct .....if that is OK you will be startled at its similarity to yours, very complex and very malicious actions being taken by the Defendant against this LIP......going as far as even fabricating documents that have been verified by independant expert as fabricated

Could you let me know by PM?

 

P.S by the way the £96,000 does not include costs...........he has spent over 2,000 hrs fighting this case, about 15 hearings case mangement house keeping etc etc....no date has been set for final heaing..he has been put under the hammer by the creditor/Defenedant .......and the fact is at this moment in time I believe he is in the driving seat.

Edited April 27, 2012 by CatchtheMonkey
extra info

[christianpassy]

hi,

 

looking to hear if anyone outside scotland used my case in court and managed to get some feedback from a judge.

 

The case will be up before the supreme court and is expected to put an end to wrongful defaults.

 

Excellent!!!!

 

also if anyone is in a position to speak about the number of uk citizens currently struggling with a default against them, my legal team would be happy to hear from them.

 

Yes, me!!!

Let's get ON WITH IT

 

any stories about the damaging effects of a default too would be welcome.

 

Plenty!!!

 

i've a thread on default issues but i thought i'd try and tap into some of the legal brains on here.

 

I beat a London barrister 2006 and read your story in paper and this thread.

 

Cheers,

 

richard

 

Cheers

Christian

Can't PM you cos I'm a newbie. Let's go!

Edited June 30, 2012 by christianpassy
punctuation

[havinastella]

Very interesting Durkin.

 

My partner had a Cap 1 card and took them to court about 3 years ago, won but most of the claim was paid to Cabot who had 'claimed' to have brought the debt. We ourselves received £200ish.

 

Now Cabot are still reporting to the CRA that she owes them £600ish! and have been since the court case was settled.

 

Should I go for it?

[Durkin]

Christian,

 

Legal Aid refused in my case. "The board" was unconvinced that the malicious defaults, fraud and blackmail is a problem for the wider public.

 

Judicial review would take too long.

 

Team are just cracking on with submitting the appeal while I try and raise funds.

 

Do you have a judgement that my team can refer to?

 

Cheers,

 

Richard.

[Durkin]

Havinastella,

 

If Cap 1 have wrongfully defaulted her, she should claim the maximum in the small claim court, particularly if it's the only record annihilating creditworthiness.

[biondani]

Capital One wrongly defaulted me and the initial letter I have from the FOS has stated full decision will be made on 12th September but they have agreed that the default was wrong but only suggesting damages fo £150. How do I go about using the case laws mentioned above in order to take Cap 1 to small claims court for damages to my credit file for the past 5 years? How much will it cost me to do this?

 

I have also provided evidence to FOS that I had to buy a car at a 29.9% interest rate and this was due to the Cap 1 default causing my credit score to be so low. Over the terms of the loan this was a financial detriment of £3500 on it's own assuming the normal interest rate would be around 7%.

[Durkin]

File a small claim at your local court for general damage to creditworthiness. There should be people there to tell you how to fill in the form.

 

Claim £5K + expenses in raising the action (should be about £65 but the clerk of court will advise you).

 

Good Luck.

[Nagasis]

Durkin v hfc was the main case I referred to when I commenced a claim for (amongst other things) , reporting of inaccurate data and adding a default on the cras when the account wasnt infact in default.

 

After alot of letters back and forth, they asked me to prove loss, i referred them to durkin v hfc and 2 days later they settled in full, all on my terms. I didnt give an inch .

[phaitun]

hey nagasis congratulations as a matter of interest for the thread who was the defendant? can pm me if you wish

[Nagasis]

hey nagasis congratulations as a matter of interest for the thread who was the defendant? can pm me if you wish

 

It was argos card. They wanted a clause to keep me quiet but I told them to foxtrot Oscar. They had no choice but to agree.

[phaitun]

great news, its good to hear of a consuner getting one over on the greed machine!

[phaitun]

I am about ready to take on the company that ruined my CRA between september 2010 and April 2012 (when they removed the default after some 'negotiations')

 

I have been tied up with some other battles which seem to be turning in my favour at the moment so have more time to devote to this particular scrap.

 

How do i start this off?

SAR's going in on Monday to the two companies concerned, should i also SAR the CRA's?

 

I do have a partial admission of fault on the part of the offending 'defaulter' via email and they did remove the default after a short 'rumble'

 

I have prepared a LBA, is this sufficient to start the ball rolling? or should i first write to them stating my case and asking them for 5k in compensation for my damages time etc.

 

I will start my own thread once in possession of SAR results and have a true idea of the case and its merits

 

How should i structure the POC for a 5k claim for damage to my creditworthiness? Is there a 'wording' to use?

would it be along the lines of:-

the claimant 'phaitun' makes a claim of £5k for compensation from the defendant 'defaultmarker' for damaging the creditworthiness and financial reputation of the claimant between .../09/2010 and .../004/2012

then should i include a condensed history of the circumstances surrounding the placing of the default marker on my CRA

 

Claimant ordered communictions device via internet service, the device to recieve monthly communications service from seperate provider being the 'defaultmarker'

the device sent to claiamant via courier was a faulty item,

tried to resolve with supplier,

supplier sent a replacement still faulty - no service ever recieved no communications made or recieved

Claimant told supplier of device to terminate all agreements as no service, supplier wanted item to be returned by claimant

Claimant told supplier to collect it via courier

Supplier sent a pre paid postage bag

Claimant refused to waste his time and energy in going to the post office and in any case suffering from injury to lumbar discs, maintained the supplier should send courier to collect (supplier refused)

Stalemate, device been waiting next to door for collection by supplier ever since

Communications service provider send bill, told to 'bog off' no service = no bill

letters and phone calls, Default placed on CRA file!!!!

DCA's etc chasing unpaid bill - during this time claimaint didnt know his rights, felt he could not apply for lucrative/enhanced position within workplace due to stringent vetting including CRA's, also was turned down for internet application for loan (cant remember who with or exact date)

March 2012 (found CAG) challenged the default on CRA which was eventually removed after a short fight

The original supplier of the device has 'written off' the device and does not now want it back (its of no use to claimant)

 

Is this a runner? Would i quote Durkin v HFC? if so how do i use this?

 

sorry to be so vague as to who the defendant would be but they are notorious for being difficult and I wouldnt want them to stall my SAR data

 

long post sorry .......

[workaholic duck]

Just been referred to this thread by Andytorch.

I am about to take Cap 1 to court. My thread:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?369931-Cap-1-refuse-to-remove-default-after-ombudsman-order&p=4024139#post4024139

 

Defaults DO have a big impact. It has made me feel like the criminal. I have been 'hiding away' from anything financial for 4 years. Weakly leaving my husband to deal with it all (perfect credit score).....EXCEPT I found out that because we had one joint mortgage a/c (since closed, see my thread) anyone doing a check on him can also see mine!! I had to dis-associate myself with Experian and Equifax. ALSO, my daughter's financial details were tagged on to mine - meaning that anyone checking hers would associate her with me. Again, I had to order them to remove her details from my report. ....Their excuse was that the 'details were sufficiently close' for the computer to tie them together!!!!!!!

 

I will keep my case updated for anyone interested. I implore anyone to act against these corrupt organisations.

[Durkin]

I am about ready to take on the company that ruined my CRA between september 2010 and April 2012 (when they removed the default after some 'negotiations')

 

 

the claimant 'phaitun' makes a claim of £5k for compensation from the defendant 'defaultmarker' for damaging the creditworthiness and financial reputation of the claimant between .../09/2010 and .../004/2012

then should i include a condensed history of the circumstances surrounding the placing of the default marker on my CRA

 

 

March 2012 (found CAG) challenged the default on CRA which was eventually removed after a short fight

 

 

Is this a runner? Would i quote Durkin v HFC? if so how do i use this?

 

 

 

If they've admitted fault it seems you've an easy £5K headed your way. Yes. Damage to general creditworthiness lodged as a small claim at your local court. You should get the cash in time for Xmas.

 

Keep particulars short and sweet. Less is more. You don't want to confuse the judge (That will be the defenders plan).

 

Enjoy. It should be quite simple.

 

Good Luck.

 

Richard.

[phaitun]

Hey Richard, i have received 1 lot of SAR docs fom the supplier of the device, now waiting for the docs from the defaulters, they have cashed my cheque, the other compnay sent it back.

 

Starting the ball rolling, hopefully will be sorted by Christmas

[Peterbard]

Hey Richard, i have received 1 lot of SAR docs fom the supplier of the device, now waiting for the docs from the defaulters, they have cashed my cheque, the other compnay sent it back.

 

Starting the ball rolling, hopefully will be sorted by Christmas

 

Any update on his ?