DCA with default CCJ

[Learnerlitigator]

gotta laff, Crapquest offered me 100 quid compo, toldem to think more like 1500 and I'll run that by my solicitor.

[Learnerlitigator]

Now the CCJ is set-aside and Crapquest have stated they have removed my data (waiting for that in writing). I'lll start a fresh post on the compensation issue once I have some fresh news. Many thanks for all that helped me win this first round. :lol:

[lookinforinfo]

Good luck with your compensation.

To give you an idea of how to work out a reasonable claim take a look at this case in Scotland. Part of which was to do with the claimant having his credit trashed by his creditor by

having posted negative comments with the CRAs. Initially he got about £250,000 I think. But then he appealed to redress something else, and from what I understand, he may

have lost part of his claim. you can read it here-

http://www.bailii.org/cgi-bin/markup.cgi?doc=/scot/cases/ScotCS/2010/2010CSIH49.html&query=compensation+and+for+and+breach+and+of+and+data+and+protection&method=boolean

[Learnerlitigator]

Thanks mate,£ 250K and it's my round for all the (Member) Caggers.

[Learnerlitigator]

Well hi again Caggers it's been a while since I posted anything so I'll bring you up to speed. I took professional legal advice, and the advice from this board of course, and finally having had the advice that I would need to actually prove on a case by case basis what my actual substantiated losses were, I could end up with costs awarded against me but it was more likely that I might get a small award against them I might not get a costs order. Because I wasn't able to demonstrate a high probability of success I was unlikely to get public funding so the solicitor advised against an application at that time. Instead I was advised to refuse the £100.00 (goodwill) offer from crapquest and inform them that I was preparing a case against them and would issue an application in due course; I would give them 7 days to reconsider their offer of compensation and make it clear that the issue was one of 'compensation' and and not of goodwill gestures.

 

7 days came and went and I advise the nice lady on the craphone that i required an answer TODAY! I then interrupted (how rude of me) her explanation of how she had been trying to pin-down the director of legal all week because the manager couldn't deal with the matter himself........ "look madam! I don't care about who has to make a decision as long as somebody does before four-o-clock this afternoon , I am not going to call you back at 4 because I need to be at the court to file papers by 4:15":mad2: "Oh and I'll be wanting the decision in writing, and I ended the call.

 

At 2pm I had a telephone call from nice lady on the craphone who very politely offered that a cheque for £500.00 and a written apology with an undertaking that Crapquest would never contact me again on any matter whatsoever and would contact all of the CRAs to ensure that the CCJ had been removed; they would also ensure that their name and the purpose of their searches would be removed from the records. If I was agreeable the letter and cheque would be sent out by special delivery to be with me by 1pm the following day.

 

Hardly a major victory, but a victory nonetheless. Obviously their legal team knew that I would have to show the court proper and accurate figures for any claimed financial loss, and proper irrefutabubble written evidence for any libel claim before a judge would award any more and possibly less than about £1000 as a token compensation. Costs could go either way depending on the judge's mood, which pretty much summed up what my solicitor had told me

 

Well it was almost Xmas and I was skint as per I knew that I had no such actual evidence and courts and appeals could take forever, besides, 500 quid was better than a poke in the eye with a sharp stick . so I accepted. And the next day I was £500 better off with a nice letter telling me how very sorry they were for any inconvenience they had caused and the undertakings as outlined above. I had again made it clear that no FFS statement would be forthcoming from me but if they leave me alone I'll leave them alone . I still don't know if that ever was my debt in the first place, but I know for certain now that I have no debt that is not statute barred.

 

To finish the story, I did of course send off letters of complaint to the usual bodies which having responded with the usual unhelpful letters are probably doing the usual naffall in the background. But one more complaint is one more micromacromillimetre hammer tap for the cause.

 

Many thanks to all that gave advice and support, it was much appreciated and I would advise all that need to use this forum to take note and weigh up the advice that you are given here, before panicking and giving in to the bullies that trade as debt collectors. If you KNOW that you DO owe the debt then you should be looking for advise on how to pay it, NOT how you can avoid paying it. But if you know that it isn't your debt or are genuinely unsure as to whether or not you are the debtor, then this is the right place to be, amongst the right people to ask. Using the law with regard to statute barred debts is acceptable and again you are in the right place for advice on that. DON'T ever pay a debt collector because you are afraid not to ONLY pay what they can prove that they have the legal right to collect.

[BRIGADIER2JCS]

Well a result and £500 for Christmas!!! Well done.

[Learnerlitigator]

Thanks very much Brig and many thanks again for your personal input.

[cerberusalert]

I've merged your last post with your original thread so people can see how things progressed.

[BRIGADIER2JCS]

You no where we are if you need us!!!!

[Learnerlitigator]

Thanks. And I still think your Anthrax Alert is the funniest thing I've seen in a long time as that is one of the outfits which appeared on my CRA records of searches, thanks too for you earlier personal input.

[lookinforinfo]

Hey well done you. Their letter of apology probably feels almost as good as the £500 [i did say almost!]

 

I guess you have checked that all derogatory has been removed from your files. Also, put their letter where they state they will never hassle you again somewhere safe just in case..............

[Learnerlitigator]

I certainly have done so mate and I appreciate all the support and encouragement from you during that time too .