Incorrect Default **WON** Default removed + compensation**

[lovejoy]

Hi Caggers,

 

Following on from the success of the discontinuance of Dryden's/Lowell/Vanquis in this thread

it has come to my notice that Lowell are still updating my credit file with what I believe is false information.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?389205-Northampton-CCBC-claim-form-Lowell-Drydens-Fairfax-Vanquis***Claim-Discontinued***

 

After checking the credit file today

it appears that Lowell are still updating the credit reference agencies with false and incorrect info.

 

As I have pointed out before the default should never have been added in the first place

as there was no debt left due to Vanquis when the account was closed.

 

The problems arose because Vanquis failed to add payments made by me to my account,

I have since proved I made these payments via bank statements to Lowell

and their solicitors Drydens, hence them no longer continuing with the case.

 

I am not sure how to play this

as I think some sort of compo should be forthcoming

not only for their incompetence and foot dragging

but also the incorrect default data given to the credit reference agencies

which have had a detrimental affect on my obtaining credit.

 

if anyone can point me in the right direction on how to go about sorting this I would appreciate it.

 

Thanks in advance.

[unclebulgaria67]

You should send a recorded delivery letter to Lowells giving them one last chance to correct your credit record details.

 

Ask them for compensation and see what you get if any.

 

The problem with going to court about this, is how can you evidence a loss.

 

Probably the best way to get a resolution if Lowells don't play ball is to go to the ICO with a Data Protection complaint.

 

The person at Lowell to write to is, Sarah de Tute, Legal & Compliance Director.

[lovejoy]

You should send a recorded delivery letter to Lowells giving them one last chance to correct your credit record details. Ask them for compensation and see what you get if any. The problem with going to court about this, is how can you evidence a loss. Probably the best way to get a resolution if Lowells don't play ball is to go to the ICO with a Data Protection complaint.

 

The person at Lowell to write to is, Sarah de Tute, Legal & Compliance Director.

 

 

 

Thanks for that, I will write a simple letter to them and see how it goes.

I have all the proof in writing already that the default is incorrect and that the alleged debt never existed.

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[lovejoy]

In light of the supreme court ruling on Richard Durkin's case I think the DCA's are going to be getting a little worried.

 

 

I have tried to get Lowell to enter into dialogue concerning my case but as yet have had no response.

I think it might be time to issue proceedings against them for the incorrect processing of data and adding defaults to my credit file even after proving that no such debt existed.

 

 

Not sure if anyone can point me in the right direction on this.

[lovejoy]

You should send a recorded delivery letter to Lowells giving them one last chance to correct your credit record details.

 

Ask them for compensation and see what you get if any.

 

The problem with going to court about this, is how can you evidence a loss.

 

Probably the best way to get a resolution if Lowells don't play ball is to go to the ICO with a Data Protection complaint.

 

The person at Lowell to write to is, Sarah de Tute, Legal & Compliance Director.

 

 

 

 

Two weeks have passed and not a dicky bird from them. In light of the supreme court ruling of Richard Durkin I am of the mind to send a lba and seek compensation for their failure to comply with the DPA.

 

 

Can someone help me with this??

[slick132]

Hi Lovejoy,

 

Can you quantify any specific loss or costs, incurred by you as a consequence of the adverse credit data. This will help determine whether you seek specific and/or general damages.

 

Only threaten court action if you are fully prepared to follow the threat through.

 

As regards an LBA to send to Lowells for this :-

 

Dear sir or madam,

 

Letter Before Action

 

I refer to my letter of xxdate which you signed for on xxdate. To date, I have received no acknowledgement or reply.

 

If you fail to respond within 14 days with a realistic proposal of compensation, I will take court action without further warning.

 

In view of the recent Supreme Court ruling in the case of Richard Durkin v DSG Retail, I assume you will treat this matter seriously.

 

Yours faithfully,

 

[lovejoy]

Hi Lovejoy,

 

Can you quantify any specific loss or costs, incurred by you as a consequence of the adverse credit data. This will help determine whether you seek specific and/or general damages.

 

Only threaten court action if you are fully prepared to follow the threat through.

 

As regards an LBA to send to Lowells for this :-

 

Dear sir or madam,

 

Letter Before Action

 

I refer to my letter of xxdate which you signed for on xxdate. To date, I have received no acknowledgement or reply.

 

If you fail to respond within 14 days with a realistic proposal of compensation, I will take court action without further warning.

 

In view of the recent Supreme Court ruling in the case of Richard Durkin v DSG Retail, I assume you will treat this matter seriously.

 

Yours faithfully,

 

 

 

Hi Slick and thanks for the reply.

 

 

I have had to resort to expensive loans rather than those offered at lower rates.

Regarding the Durkin case the judge said that DSG/HFC had a duty of care to the consumer and must report only accurate information to credit reference agencies.

In failing to do so an award of £8k was made plus interest to be agreed between the parties for injury to Mr Durkins credit.

Surely a precedent has now been set and any further claim for wrongful/inaccurate information being shared with CRA's would be set at £8k plus any further damages so long as the case can be proven.

 

 

Or am I reading this judgement wrongly?

[lovejoy]

Further to the above Lowell are fully aware and have been for at least 12 months that the account was disputed and since January 2014 were fully aware that the debt did not exist, therefore they have failed in their duty of care to me by continuing to update the CRA with false information causing considerable damage/injury to my credit worthiness.

[slick132]

Hi Lovejoy,

 

To make the most of your claim, you need to quantify the amounts involved - eg the difference in interest you have incurred compared to the lower interest rates you could have enjoyed if this adverse data was not posted against you.

 

I will seek further input from the Site Team about this.

 

[lovejoy]

Thanks Slick132.

 

 

When you have to go to the likes of Provident with interest of 100% plus then the amounts add up.

 

 

I think the Durkin case is of major significance and sets a precedent for future cases that involve duty of care, in that companies should take all steps to insure that the information they supply to CRA's is accurate and fair, and if they do not then they are in breach and the courts should offer damages of £8k plus interest for injury to credit.

[slick132]

Site Team member Andyorch has said you should consider making a claim for £10K so it stays on the Small Claims Track, but also consider making it a CPR Part 8 claim where the court can make an award at it's discretion.

 

Also, I think another relevant point is whether this was the only adverse data appearing on your CRA files. If so, your case for damages is clearer.

 

You should do your best to quantify the additional costs this has caused you in higher interest rates, compared with those that you may otherwise have enjoyed during the period during which the erroneous data was posted.

 

[fletch70]

Indeed

If you incur costs there is no guarantee that you will be awarded them .

 

The thing is, you have said you had to go for expensive loans, can you prove that the one default caused that, this is the problem with lending decisions , a clean credit file does not always get you the best rates

[Durkin]

Sorted?

[lovejoy]

Still on-going but very much in hand.

Will post result if allowed when fully sorted.

I have a very good brief on to this now and I understand we may even be using your barrister Durkin if it should come to court.

[Durkin]

Happy to hear that. Hopefully things will gather pace. Good luck.

 

Richard.

[lovejoy]

At last case resolved.

Due to a confidentiality clause I cannot go into detail but I can say that the defaults have been removed and damages paid.

[slick132]

Hi Lovejoy and Big Congrats on your result.

 

Are you certain you're allowed to say, "..... damages paid." under the Confidentiality Agreement ?

[lovejoy]

Hi Lovejoy and Big Congrats on your result.

 

Are you certain you're allowed to say, "..... damages paid." under the Confidentiality Agreement ?

 

 

So long as I don't mention the amount I'm ok.

Needless to say I am happy with the result.

[slick132]

Ah, so it says nothing about keeping the existence, or the terms, of the settlement confidential.

 

Thread title revised to reflect your excellent success.

 

[Durkin]

At last case resolved.

Sweet. Crazy that it's still taking so long though. Well done.