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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just found out via my credit file that nationwide have

Customer Question

I have just found out via my credit file that nationwide have added an entry, for a joint mortgage thus linking her parter, for a person with Same name and date of birth yet completely different area to me by address. This has caused me stress and worry as her debts have also found it's way to me. I work from home and worried about people coming when my Id shows I am "her" Also embarrassment as I can't obtain credit and have been declined numerous times. I have now got credit file so realised but I feel nationwide have held my life from having anything due to making me jointly liable via credit file for 100K! They have offered me £325 which is a joke and also still have to wait until the 21st for it to be removed.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is it you want to achieve?

Alex Watts :

Did you actually suffer any loss please?

JACUSTOMER-svshoxr9- : Hi Alex,
JACUSTOMER-svshoxr9- : hi alex
Alex Watts :

Hello

JACUSTOMER-svshoxr9- : hi alex, this lady has bed debts which had written to me. I have suffered as because of this I have no credit. No financial loss, however had I not found my credt files I would be held back with no credit for a long time. Also not a customer of nationwide so confused as how they managed to access my file in first place
Alex Watts :

Ok - but once the debt is split, what loss would you suffer/

JACUSTOMER-svshoxr9- : Once this is removed after inconvenience of it being there in first place I won't do, but as it stands I have lost out on many financial applications because of their mistake
Alex Watts :

How many?

Alex Watts :

And do you know they were turned down because of this?

Alex Watts :

How much do you want to claim from them?

JACUSTOMER-svshoxr9- : Plus if it wasn't for me finding out it would have been there for life of mortgage, my file being searched every time this guy applied for credit too
Alex Watts :

How much do you want to claim and when you say you lost many applications, how many?

JACUSTOMER-svshoxr9- : I want to know how much I should be looking for I don't think £325 is reasonable given that I have been turned down for 6 credit applications a joint application and also a business application. I have had about 5 credit cards chasing her through me and also Burtons men's wear
JACUSTOMER-svshoxr9- : They placed this on my file last year and I am not a customer so no permission to do this
Alex Watts :

So is it loss of chance rather than any actual loss?

Alex Watts :

Yes I understand that there was no permission.

JACUSTOMER-svshoxr9- : Yes
Alex Watts :

I dont think you can claim more than £100,000 in compensation though

JACUSTOMER-svshoxr9- : ok but surely £325 is an abimsal offer
Alex Watts :

Here is the process

JACUSTOMER-svshoxr9- : I can't get credit for a postage stamp :(
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 signed delivery and keep a copy.

Alex Watts :

f they do not pay 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 :

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—


(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.

JACUSTOMER-svshoxr9- : but if there aren't any actual losses what would I write? The declined application values?
Alex Watts :

The Court will list the matter for a hearing and decide what compensation to give you

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

You would be claiming loss of chance

JACUSTOMER-svshoxr9- : But if there aren't any actual loses would I wrote the declined applications and also the stress caused what value
Alex Watts :

Yes the Court would place a number on that value

JACUSTOMER-svshoxr9- : So how much I applied for an got turned down?
JACUSTOMER-svshoxr9- : Ok. Do yoj think £325 is a reasonable offer
Alex Watts :

I can't say. It depends on what it was worth to you

Alex Watts :

I do not think £325 is reasonable.

Alex Watts :

But I don't think your claim would be worth a great deal

Alex Watts :

To give you an idea someone who has an actual injury, ie whiplash for 12 months its worth £3500

JACUSTOMER-svshoxr9- : a lot more tnan £325. But they have breached FCA codes?
Alex Watts :

That is for a physical injury

JACUSTOMER-svshoxr9- : I said at least £1000
JACUSTOMER-svshoxr9- : to them
Alex Watts :

Then you can claim that

Alex Watts :

It would be a small claim

JACUSTOMER-svshoxr9- : my partnee said at least 10K
JACUSTOMER-svshoxr9- : partner
Alex Watts :

Then claim £10,000

Alex Watts :

But you need to be able to justify why

Alex Watts :

You can't just pluck figures out the air

Alex Watts :

as I indicated someone with an actual injury would get £3500 for 12 months

JACUSTOMER-svshoxr9- : i don't think we are plucking ideas I think we are people that are pretty miffed that our life hasn't been able to progress at all because applications have been turned down after being chased for someone else's debt. All the opportunitys we have missed out on because decided to pluck my details out of the air Thanks
Alex Watts :

Ok - but have I given you an idea of what you need to do and the process of how to do it?

JACUSTOMER-svshoxr9- : I am not impressed
Alex Watts :

What else would you like to know?

Alex Watts :

I have outlined the law of Section 13 of the Data Protection Act

Alex Watts :

I have told you how to issue proceedings

Alex Watts :

I have said how you need to quantify your loss

JACUSTOMER-svshoxr9- : Don't really feel that fact they have broken numerous codes set by the FCA have been broken, and this is serious its a mortgage that had I not noticed could have linked me to them for a long time
Alex Watts :

I have given you a guideline about if someone has a physical injury

Alex Watts :

Ok - but that is a matter for the regulator and them.

Alex Watts :

You can't sue for a breach of FCA unless you have suffered as a result

Alex Watts :

If any claim is £10,000 or less it will be a small claim

Alex Watts :

Any claim over £10,000 you will need to be professionally represented

JACUSTOMER-svshoxr9- : Physical injury is one thing this is another completely. It's effected me by them breaking the codes
Alex Watts :

Because if a claim is over £10,000 and you lose or the Judge awards you a low sum, you would be liable for the other side legal costs

JACUSTOMER-svshoxr9- : I have suffered!
Alex Watts :

How has it effected you?

Alex Watts :

Are you wanting to claim a psychiatric injury?

JACUSTOMER-svshoxr9- : because I am a mother and have my own family, a business which I run to which I have no had the oppertunity to have credit to make improvements to either. This is very unfair when other lady is having life of Riley as per my credit file!
Alex Watts :

Yes I agree it is unfair.

Alex Watts :

So - how much are you wanting to claim

JACUSTOMER-svshoxr9- : are you taking the Mickey now? Very clever wording but I am not stupid
Alex Watts :

I did ask and you said £1000

Alex Watts :

No, I need to know how much you want to claim

Alex Watts :

You said £1,000 originally

Alex Watts :

Then you said £10,000

Alex Watts :

Then you said a lot more

JACUSTOMER-svshoxr9- : no I didnt I told you I told them that was the least I would accept
Alex Watts :

Is it £10,000 or below or more?

JACUSTOMER-svshoxr9- : its fine I think I will talk to somebody else. You referring to psychiatric injury was very clever and implying I am a nutter for using a service to ask questions. Offended much it's fine I shall speak to the people that run this site thanks
Alex Watts :

No.

Alex Watts :

But you said that you had suffered stress etc

Alex Watts :

I need to know if you suffered a psychiatric injury as a result of their negligence

Alex Watts :

Because that changes things

Alex Watts :

It changes the Court rules

Alex Watts :

You see a normal small claim is up to £10,000

Alex Watts :

However if there is an injury (including one for stress etc) or more than £1,000 then it is NOT a small claim

Alex Watts :

That is what I need to know whether you suffered a psychaitric injury as a result of what they did

Alex Watts :

You said that it affected you.

Alex Watts :

I need to know how

Alex Watts :

So I can properly advise what you need to do and steps to follow

Alex Watts :

So in short I need to know:

Alex Watts :

1) How much you are seeking to claim

Alex Watts :

2) Did their negligence make you suffer stress or any other injury

JACUSTOMER-svshoxr9- : Of
JACUSTOMER-svshoxr9- : yes of course this has been stressful, and embarrasing with declined applications I have no facility at all! I have 2 kids and a family that want to do things too!
Alex Watts :

Of course I understand.

Alex Watts :

So lets be clear then:

JACUSTOMER-svshoxr9- : also if someone bangs my door how do I prove I am not her when my license says I am
Alex Watts :

Do you know whether you want to claim more or less than £10,000?

JACUSTOMER-svshoxr9- : as much as I can but I don't know how much it's worth
Alex Watts :

And if you have suffered stress, how long that has lasted

Alex Watts :

Ok - stress how long did that last?

JACUSTOMER-svshoxr9- : As
Alex Watts :

I can look at the compensation guidelines

Alex Watts :

But forgive me that stress is a psychiatric condition which is why I referred to it like that. No offence intended but that is how it is referred to

JACUSTOMER-svshoxr9- : I've not slept all week, nor this month whilst they have dragged their heals telling me they didn't know how to correct it!
Alex Watts :

So stress - how long?

Alex Watts :

Just an idea, not exact dates

JACUSTOMER-svshoxr9- : plus since trying to sort this since last year with creole people
JACUSTOMER-svshoxr9- : credit
Alex Watts :

Ok

Alex Watts :

So how long for the stress?

JACUSTOMER-svshoxr9- : well for this error, so at least a year
Alex Watts :

Ok - so 1 year.

Alex Watts :

Let me look at the guidelines

JACUSTOMER-svshoxr9- : thank yoy
JACUSTOMER-svshoxr9- : you
Alex Watts :

Ok - so 12 months stress on current cases is worth around £3,200

JACUSTOMER-svshoxr9- : Ok so would you advise to aim for around that then
JACUSTOMER-svshoxr9- : so
Alex Watts :

I would claim for £5,000 and the Judge can always award lower

JACUSTOMER-svshoxr9- : they could add a zero to their £325
Alex Watts :

They could.

Alex Watts :

Does this help?

JACUSTOMER-svshoxr9- : ok thanks, ***** ***** calling me in next few days so would I write letter as well
Alex Watts :

Ok, yes please follow the steps I outlined above

JACUSTOMER-svshoxr9- : wpild I advise them of this verbally also
Alex Watts :

Yes you can do that.

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-svshoxr9- : what do you think the chances of them paying is
Alex Watts :

WellI think they will but it may have to go to Court

Alex Watts :

They will probably only make a serious offer once you issue proceedings

JACUSTOMER-svshoxr9- : I've refused offer of £225 and now &325
Alex Watts :

Yes

JACUSTOMER-svshoxr9- : I've now Spoken to higher lady she is now looking at it, but I told her I will not except their offer it's ridiculously low
Alex Watts :

Ok

JACUSTOMER-svshoxr9- : i said they are damage limiting
Alex Watts :

Do I need to clarify anything for you on procedure and the amount?

JACUSTOMER-svshoxr9- : I will try what You said.
Alex Watts :

Ok good.

Alex Watts :

Can I clarify anything else for you today?

Alex Watts :

If not can I invite you to re-rate my service - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click repl

Alex Watts :

* reply *

JACUSTOMER-svshoxr9- : I do think you could be a bit more friendly at times tho being honest
Alex Watts :

Ok thank you for the feedback.

Alex Watts :

As lawyers I tend to be straight to the point.

Alex Watts :

We use legal terms and indeed things like psychiatric illness means everything from stress to post traumatic stress disorder

Alex Watts :

But do you have everything you need from me on how to proceed?

JACUSTOMER-svshoxr9- : Perhaps, just remember your dealing with people. I understand your a lawyer, no need to show off ;)
JACUSTOMER-svshoxr9- : yss thank you
Alex Watts :

Wasn't showing off but sometimes we forget and just use the legal terms

Alex Watts :

Not always realising what it may sound like to someone else

Alex Watts :

Well unless I can help further, I wish you luck with this.

Alex Watts :

Let me know how it goes and what you get out of them

JACUSTOMER-svshoxr9- : I know I am jesting with you. Thank you for your time. It's been very stressful
Alex Watts :

Yes I can imagine

Alex Watts :

But once you issue proceedings that will bring things to a head

Alex Watts :

Please do take a moment to rate my answer before you go

Alex Watts :

I am pleased we got there in the end.

Alex Watts :

Am I able to help with anything else?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-svshoxr9- : Fat lot of good that is £325
JACUSTOMER-svshoxr9- : final offer so I told them to keep it
JACUSTOMER-svshoxr9- : It doesn't matter what these massive companies do to you,
JACUSTOMER-svshoxr9- : 😡
Alex Watts :

Yes you can claim for £5,000 and keep it a small claim

Alex Watts :

That is what it is worth for you

Alex Watts :

Claim it - the Judge can always go down. The Judge can't go up

Alex Watts :

Does that clarify?

Alex Watts :

But if I could invite you to re-rate my answer please.

Alex Watts :

Thanks!

JACUSTOMER-svshoxr9- : I did re rate? Hasn't it worked?? I think I will be in a better position now. I've just got off the phone to the Daily Telegraph and she's calling their Press office. She agreed to ask them for £5k she thinks £325 is hilarious
Alex Watts :

Sadly it has not worked - if you could click a smiley face at the bottom of the screen.

Alex Watts :

There we go £5000 - may be good compensation after all

JACUSTOMER-svshoxr9- : I've clicked it again?
Alex Watts :

You have - it does not show.

Alex Watts :

Hold on - let me change format.

Expert:  Ash replied 3 years ago.
If I could ask you to try now please.
Thanks
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Relist: Other.
I was happy with answer not sure that's happened??
Expert:  Ash replied 3 years ago.
Ok - if you try and rate now it should work.
Alex
Expert:  Ash replied 3 years ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Customer: replied 3 years ago.
Hi Alex,
Well it's with the telegraph now and they are still not able to answer as yet.
But they are definitely to blame mutually I think Call credit and nationwide
Expert:  Ash replied 3 years ago.
Ok. Let me know.
Customer: replied 3 years ago.
Nationwide have issued a statement, but it has an absolute lie. It says that both of us (other jo smith) lived at same property at some point in our lives. This is simply not true, my parents house 1984 was new build and both propertys lived in after this, previous and current are owned and rented by my uncle and the lady has never lived at either house
Expert:  Ash replied 3 years ago.
Ok - it may be that you need to go to Court.
Alex
Customer: replied 3 years ago.
Background Miss Smith who, has contacted the Telegraph, does not have any products with Nationwide. However, we do have a customer with the same name and date of birth. Both have lived at the same property at some point in their lives. Nationwide has spoken with Experian, who have admitted that the error is not one Nationwide could have made and is in fact an error made by one of the credit reference agencies. Unfortunately they won’t confirm to us which one. I have spoken to Joanne Leahy (*****@******.***) who has said if you can forward on Miss Smith’s permission for you to investigate, she will look into how the error has occurred. Since being contacted by Miss Smith, we have worked with the credit reference agency to have any credit checks made by Nationwide removed from her file. These credit checks were applied incorrectly by the credit reference agency to Miss Smith’s file when we requested they carry our credit checks on our customer. Nationwide commentNationwide sympathises with Miss Smith whose credit file has incorrectly had products linked to her. However, the error has been made by a credit reference agency and not Nationwide. Since being informed of the issue, we have worked with the credit reference agency to have the Nationwide products linked to her removed. Unfortunately Miss Smith’s complaint took longer to investigate than normal and as an apology we will be offering her compensation. Regards ***** ***** Society External affairs
Expert:  Ash replied 3 years ago.
OK - then you can still take the steps I have outlined in my previous posts.
Alex
Customer: replied 3 years ago.
I think they are going to make an offer again. But if it isn't the figure I requested I think I will. Would you advise to hear their offer first or go straight to court?
Expert:  Ash replied 3 years ago.
I would issue proceedings and then see what they offer.
Alex