compensation for default entries.

[MARTIN3030]

I have read on the site somewhere (but cant find it now ) that there may be a case for compensation claims against entries that have been made innapropriately to credit files following penalty related issues.

 

I recall reading that this could come under breach of trust and defamation of character.

The implications of a default are quite serious and I wondered if anyone has actually instigated actions to claim compensation as a result.

 

At what stage would this need to be addressed?

The default letter does not include compensation mentions.

 

Also assuming that there were clear cases for this what figure would be suggested as reasonable to claim ?

 

This is an issue which doeas not appear to have been discussed at any length.

 

 

thoughts please

 

[Anaconda]

I would love to know too, due to all the stress caused and a total of over 20k in charges and interest. I am now having to deal with higher mortage rates due to the financial info charged against me by the banks.

 

So all the financial history is still costing me big time.

[MARTIN3030]

Same here....I have 4 sep bank account claims 2 credit card companies and an dealing with 4 debt collectors and all 3 credit reference agencies.

a bit of a nightmare but all filed and organised.

 

One thing I am not clear on is whether you would issue a claim against the bank for defamation and stress....or the DCA as these are usually the ones who file the default.

 

Reading at default procedures it would seem the banks are not at all keen to remove them since it can be the first stage of a defamation claim.

 

Waiting for someone to come here and say they have issued a claim for this.

After I get past the recovery stage I am keen to look into claiming for this myself.

 

[Deckerbus]

Just registered on this website, hoping to claim some £1000 pounds or so in charges, what is the procedure to start the ball rolling and what is this DPA thing ??

 

Is that the first stage ??

 

Thanks for your help

[Anaconda]

Same here....I have 4 sep bank account claims 2 credit card companies and an dealing with 4 debt collectors and all 3 credit reference agencies.

a bit of a nightmare but all filed and organised.

 

One thing I am not clear on is whether you would issue a claim against the bank for defamation and stress....or the DCA as these are usually the ones who file the default.

 

Reading at default procedures it would seem the banks are not at all keen to remove them since it can be the first stage of a defamation claim.

 

Waiting for someone to come here and say they have issued a claim for this.

After I get past the recovery stage I am keen to look into claiming for this myself.

 

 

One of the banks in Northern Ireland, didn't credit my accounts until july (£4200) when I had paid them in early March (clearing all debt entirely including many extorted fees I plan to now recover), the money got 'lost' in the system....they still have not cleaned up my credit rating, having been promised by the head of the debt recovery unit they would do so, meeting with an insolvency specialist and solicitor on Monday. Good luck to the bank on this one, I believe it is called financial defamation of character.

[powerful_rogue]

Just registered on this website, hoping to claim some £1000 pounds or so in charges, what is the procedure to start the ball rolling and what is this DPA thing ??

 

Is that the first stage ??

 

Thanks for your help

 

Hi and welcome,

 

Your best option is to read the FAQ section HERE. Should you have any other questions, please feel free to ask.

[Donel261]

I am currently trying to get two defaults removed from my credit file following the advice and letter templates on this website.

 

http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

 

I will let you know how it goes.

[joneshousehold]

I thought I remember reading the amount would be the extra cost suffered as a result of the listing. So if you have to pay higher interest rates on new lending then the cost is the difference between that and the rate that would have applied if the listing had not been made.

[MARTIN3030]

I thought I remember reading the amount would be the extra cost suffered as a result of the listing. So if you have to pay higher interest rates on new lending then the cost is the difference between that and the rate that would have applied if the listing had not been made.

 

 

 

I seem to recall reading something similar

 

BTW congrats on your 500th post plat account holder now ...cool

 

 

[joneshousehold]

Ooooo, I didn't notice. Proof that I really do spend too much time on this forum!

[Anaconda]

I have been to see a specialist accountant in the field, I will keep you posted on the outcome.....not looking good for the banks, so looking forward to redressing the balance.

 

 

 

I am currently trying to get two defaults removed from my credit file following the advice and letter templates on this website.

 

http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

 

I will let you know how it goes.

[MARTIN3030]

Would be very interesting to know the position here.

Look forward to your findings

[Anaconda]

Would be very interesting to know the position here.

Look forward to your findings

 

I will keep you posted on my progress.

[Anaconda]

Accountant appaled....now off to solicitor to see if we can add a little heat to the equation....25k of heat over 6 years.....and the rest I can extract out of them, for all stress.

 

Thanks for all the helpful postings guys...I will keep you informed.

[MARTIN3030]

25k equates to rather lots of stress phew.......

 

[Anaconda]

Sure has been.....but everytime I log on here it does my heart good!! I am under the impression they will settle out of court, as they won't want to be instructed by a Judge to declare their costs, then the flood gates will really open for the (edit) ****.

 

So I'm planning to bog the arm in up to the shoulder, how do you quantify 6 years of stress!!

 

Unfortunately for them I kept all but a few pages of the statements. I'm starting to enjoy this....But they are playing at silly ****'s wont even come up with the few missing pages. Makes no odds to me.

 

Going to use a Solicitor to execute proceedings so they know I'm serious and I maximise payback.

[Guest Alison82]

I thought I remember reading the amount would be the extra cost suffered as a result of the listing. So if you have to pay higher interest rates on new lending then the cost is the difference between that and the rate that would have applied if the listing had not been made.

 

How do you go about proving they caused you financial loss? As courts or the company will need to see proof. This is something I have been trying to figure out but can find anywhere; can anyone suggest where to read up on this?

[joneshousehold]

I did a search for compensation default and found some useful threads. Give it a try. This one looked interesting

 

http://www.consumeractiongroup.co.uk/forum/legalities/11246-consequences.html?highlight=compensation+default

 

Let us know how you get on