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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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National loan company incorrectly reported default and arrears

Customer Question

National loan company incorrectly reported default and arrears on my credit file for 8 months. Only removed information when I involved Information Commissioners office who advised them they had defaulted under DPA 1998.
Was offered £250 compensation by them after requesting expenses and damages caused to credit rating (having existing credit facilities withdrawn only being able to get bad credit products instead of high st rates due to detrimental effect on credit score).
Do I have a case to take them to small claims court?.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, you may make a claim against the company for negligence for incorerctly making a false report which they knew would damage your credit rating.

You should work out how much money you will be claiming as damages from them, obviously this should be accurate or reasonable and not fantasy sums.

The easiest way to claim money is www.moneyclaim.gov.uk

Hope this helps
Customer: replied 3 years ago.

As a user of financial products as an example it is reasonable for me to claim the difference between a credit card with a rate of 34% versus a 0% high st card for the period my rating was damaged, to quantify I now have these rates after the default was removed.


These are the actual costs.


And what sort of figures should I be looking at for damages, inconvenience etc if you state "fantasy sums".


Thanks

Expert:  UKSolicitorJA replied 3 years ago.
The general rule is that damages should put you back in the same position had the negligence not occurred.

So for example if you lost 10K as a result and have evidence of this loss, then you should claim that sum and not claim say 50K (which is the fantasy sum I was talking about).

You are also required to mitigate your losses by taking reasonable steps towards such mitigation.

Hope this clarifies.
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Customer: replied 3 years ago.

Went through Money claim online as advised, defendant did not respond within 19 days, obtained CCJ by default.


Defendant has now applied to have CCJ set aside stating "reasonable ground that they could successfully defend".


Attended hearing at local court where I submitted my docs, communications etc.


Outcome was the judge adjourned the CCJ for 2 months so we could engage in communication to agree a level of costs, defendants solicitor said this prejudiced their defence but the judge said that it was surely now to agree level of costs.


The judge said she would set the next hearing for 2 months time but did not want to go to full hearing and would take a dim view if the case did come before her (if the 2 parties had not agreed levels)


I have to send copies of statements for charges etc as "quantum" to defendants solicitor.


1. As the judgement was not set aside, have I won?


2. Can I additionally claim for the days holiday I had to take to attend court for this hearing to set aside?


 


Thanks in advance

Expert:  UKSolicitorJA replied 3 years ago.
Hello Alan,

Your further queries relate to court procedure, please ask them separately for a litigation expert to answer.

Thank you