Jump to content


Default = compensation?


robert_harper_2000
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5959 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have helped my brother get his few charges back and at the end he signed this is an end to claiming anything further but I read the newsletter about Robertxc or something and he managed to claim compensation for a default notice £750! or they could remove it - they paid?

 

Is this right can we claim for compensation for the default notices ( even thought some accounts have been refunded charges )

 

Thanks!

Help me to help others!

Link to post
Share on other sites

Robert, I don't know whether you can claim or not but if you're ever given the choice of money or removal of default I'd take the default option everyday as long as the money was less than £10k.

 

A Default even a small one can cost thousands of extra pounds over 6 years via increased interest rates etc.

Link to post
Share on other sites

Compensation for failure to comply with certain requirements. 13. - (1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

 

(2) An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if-

 

 

 

(a) the individual also suffers damage by reason of the contravention, or

 

 

 

(b) the contravention relates to the processing of personal data for the special purposes.

 

(3) In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.

Help me to help others!

Link to post
Share on other sites

I have asked on general thread but no exact answers...

 

My brother has been for the charges had them plus interest refunded. Could he now go back and ask for either compensation or the defaults to be removed? Even though it is likely he signed a form agreeing no further action?

Thanks

Help me to help others!

Link to post
Share on other sites

  • 1 year later...

Its well known that removing default information is not something they like to do there are a number of reasons mainly because they do not want to open floodgates for it and also see their relationships with Cras as important.We have always suggested running the two together for reclaim and default removal the empasis on this came following Jonni2bads case (Cag Moderator)..where he won the charges back but lost the default action.There have been other cases whereby Judges have not entertained the orders where the original claim did not include default removal.

Theres nothing really to lose by trying though-but it is a long and drawn out process.I have 3 such claims 2 are stayed and include both charges and default issues.

One has had charges issues settled and is now dealing with default.The judge required me to show proof of sending the defendants a s10 notice...together with evidence of hardship suffered.This is the most difficult part ...although if you can show continual threats in the way of letters from Dcas etc then thats a start.

Amazingly in their defence RBS have stated that they have refunded my charges but at the same time quote the OFT case and ask for the case to be stayed as its not conclusive that the charges were unlawful.

I have spent more time and effort on this one case than all the 5 others put together.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...