Claims based on bad credit rating as well?

[tigertree]

Hi all,

 

Couldn;t find the answer to this one on the site.

 

I got defaulted a few years ago during a lean patch and subsequently had a choice of mortages severely limited, meaning my repayments are higher than what I could have had on other products.

 

In essence it has cost me thousands due to my credit rating being affected by unlawful bank charges. Anyone experienced/tackled this issue? Does anyone know of any precedents about this?

 

Wonderful site, discovered it today and wil lbe send out my first letter tonight. Wish me luck.

 

Tigertree

[natalie]

Sorry I dont know the answer to your question, but welcometo the site and good luck in your claim.

 

I'm sure someone will be able to help you more and will answer shortly.

 

Natalie

[aaronmcl]

I think your claim, if you decided to go ahead with it, would be beyond the scope of this site.

I would advise on seeking legal advice...jmho.

[DJ Damo]

I dont think you would be able to get anything from the banks for that. as said seek some legal advice but dont expect the answer to be what you want to hear.

[tigertree]

I was just following my train of thought when I realised that I can get my money back lawfully.

 

Its bad enough being made to feel like a naughty school child by going over the overdraft limit, but I felt it begged the question as the effects were a lot more far reaching than just the bank charges themselves.

 

I won't hold my breath on this one, I'm just exploring possibilities for when I've sucessfully kick some bank butt.

 

I may have to put the higher mortgage rates down to experience, and change mortage when I am able to I suppose.

 

Thank you for you humble opinions, they all count!

[caro]

Hi and welcome. Assuming that you are talking about the defaults being at least partly caused by bank charges, I would suggest that you start off by claiming your charges, including asking for any defaults to be removed, which is what lots of people are doing. (See FAQ's and template letters). This is fairly straightforward and has been achieved by lots of people.

 

Once you have done that, if you wanted to take it further, I suggest you keep looking on the site to find others in your position. (I am sure there are some!) You could do another claim for the difference in interest on your mortgage as a result. I can think of at least two of the moderators who are very experimental in what they will try and claim, and everyone will try and help. How far do you want to go........

 

Anyway, good luck.

[jonni2bad]

Hi tigertree, welcome aboard.

 

What would help us to determine your chances of removing defaults would be to know the precise figures involved.

 

What amount were you defaulted for?

 

At this stage, what level of charges had been imposed?

[alanfromderby]

To answer your original question. If you had to get a mortgage with a higher interest rate as a direct result of a default due to unlawful charges, then you have a claim under section 10 of the Data Protection Act, and you can claim damages through the small claims court.

 

I would suggest you deal with the claim for charges first, and then when that is resolved start an action for the DPA damages.

 

If you need any assistance with this when you get to it then let us know.

[caro]

I thought you might be interested in this one Alan. (Alan is one of those I was thinking of Tiger Tree).

[tigertree]

Thank you for all of your input so far, it's so heartening to know that there is a potential for recompense, with the great support that is available.

 

I sent my DPA letter to Natwest Last night regarding the last six years dealings. Forgive me if I am taking a cautious approach at first, and focussing on just my Natwest account for the time being until I am fully conversant with this process.

 

Rest assured, If there are any grounds for chasing the credit record issue and knock on effects, I will be pursuing this further when I know where I stand. I would be happy to share the minutest detail with everyone when I do this also. I have found so much on valuable information on this site, I cannot understand how I could not succeed!

 

I'll post a new thread when I am ready to tackle this, in the meantime, power to you all.

 

Tigertree

[hondamad21]

Hi tigertree,

Just wanted to wish you the best of luck !

I am in a similar situation, where due to a default applied by Egg based on illegal charges, I have had problems with mortgages . I am now trying to get the charges back and default removed.

So. . .yeah good luck and keep us up-to-date . . .

Hondamad21

[caro]

You take things at your own pace. You are now taking control of your own finances, and nobody else can dictate what you must do. You've made a good start.

[xfox]

To answer your original question. If you had to get a mortgage with a higher interest rate as a direct result of a default due to unlawful charges, then you have a claim under section 10 of the Data Protection Act, and you can claim damages through the small claims court.

 

I would suggest you deal with the claim for charges first, and then when that is resolved start an action for the DPA damages.

 

If you need any assistance with this when you get to it then let us know.

 

Can you let me know how I do this? HSBC have been telling Experian that I have been late at making payments. HSBC made futher overdrawn by putting on the charges.