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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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After a lot of complaints, A company has admitted that the

Resolved Question:

After a lot of complaints, A company has admitted that the default they placed on my credit file 3 years ago was incorrect. They r now in the process of having it removed. Am I able to claim any compensation from them for messing up my credit file.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Yes.

Alex Watts :

Section 13 of the Data Protection Act states:

Alex Watts :

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.

Alex Watts :

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—

Alex Watts :

(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.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have not lost any money other than writing letters and paying for a SAR. My only loss is that it has affected my credit file for 3 years. How can I summarise that in monetary figures.

Alex Watts :

That's a hard one.

Alex Watts :

You are likely to get a nominal sum probably less than £500

Customer:

Pain and suffering payment?

Alex Watts :

Have you been to the GP?

Customer:

No

Alex Watts :

Then you can't claim pain and suffering

Alex Watts :

There is no evidence

Alex Watts :

You are just seeking a payment for inconvenience and stress caused

Alex Watts :

Does that clarify?

Customer:

Ok yes that's understandable

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Alex Watts :

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