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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3758
Experience:  Solicitors 2 years plus PQE
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Hello I have recently found out that a large leasing company

Customer Question

Hello

I have recently found out that a large leasing company has wrongly registered a default notice against my name. I purchased a car from a main dealer in 2007 and obtained part finance for approx £89000 the car was faulty and rejected to both the main dealer and the finance company, the finance company then sold the car and pursued me for the shortfall which was approx. £50,000, we ended up in court in 2011 and I won the case. on the 17/5/2013 I decided to check my credit file with Experian and was horrified to see that the finance company had lodged a default notice against my name for the £50,000 back in 2008 and its still there today! they told me they would remove it immediately when I spoke to them 3 weeks ago. I have suffered greatly both financially and personally because of this over the last 5 years, can I sue them?
Submitted: 4 years ago.
Category: Law
Expert:  Alex J. replied 4 years ago.
Hi

Thank you for your question and welcome to Just Answer.

Can you quantify your losses as a result of this?

Have the finance company offered to compensate you?

Kind regards

AJ
Customer: replied 4 years ago.


the finance company have not offered to compensate me yet as I only wrote to them two days ago demanding compensation. I would quantify the losses in excess of £50,000 as this has been on my record for the last 5 years which means my credit rating has been very badly effected, on top of this there is the personal distress I have suffered over the last 5 years when I have been rejected credit or when I have tried to get a better deal on my mortgage, only now do I know the reason why I have been rejected!

Expert:  Alex J. replied 4 years ago.
Hi

Thank you.

I am afraid you won't get any compensation for distress.

Your additional costs of borrowing may be covered but you will need to be able to prove your losses before you can bring a claim.

I would suggest you start by writing to the company and asking for compensation.

Before you then consider the expense of court action I would recommend that you complain to the Financial Ombudsman and also make a complaint to the FCA. This company probably has a consumer credit licence and any threat to that would certainly make them think twice about offering you compensation of not.

I look forward to hearing from you.

Kind regards

AJ