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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was the victim of identity theft (Wonga loan) back in

Customer Question

I was the victim of identity theft (Wonga loan) back in 2013. I reported it to Wonga and the police. I found out by being refused a loan for a car and checked on experian where i discovered the details. Total amount was about £900 for two separate loans.
Wonga assured me it would be removed. The police did nothing.
I have now discovered that on Noodle credit the default is still showing. Two years ago i was refused a mortgage even though Experian stated my credit file showing was 999.
Can I sue Wonga or Noodle ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

What is it you want to achieve? Did Wonga confirm they would remove it in writing?
Alex

Customer: replied 1 year ago.
I would need to check, they certainly have this time
Expert:  Ash replied 1 year ago.

Ok - could you please?

Customer: replied 1 year ago.
If you asked me what I wanted to achieve on Friday when I found out I would have told you that I wanted every Wonga directors head on a spike left on Tower Bridge.
Expert:  Ash replied 1 year ago.

I see. That may be illegal !

Customer: replied 1 year ago.
But the more rational side of me wants to know if I am able to get financial compensation for missing out on a mortgage and having to rent for the past two years, losing out on house price increases in that period, or just something to make me less bitter. Because I'm very bitter about all this !
Expert:  Ash replied 1 year ago.

Sure. Section 13 of the Data Protection Act 1998 states:

(1)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.

(2)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.

You need to write and set out your losses and request compensation 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.

If they do not compensate 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

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.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
How much would you advise me to go for ?
Expert:  Ash replied 1 year ago.

Its hard to say, it really depends on what you can justify. But I dont think more than £5,000 in reality.

Does that clarify? Alex

Customer: replied 1 year ago.
thank you, ***** ***** be a good start. Although I was tempted to go for an outrageous figure like 71k !
21k for rent paid over the past two years and 50k for the increase of a property I was looking to purchase worth 250k, the 50k being based on 10% increase per year.... I do despise them that much !
Expert:  Ash replied 1 year ago.

I dont think you could go for £71,000.........

Even if you had not rented, you would have required to be paying mortgage interest.

You can claim more than £10k if you want, but then if you lose an element of your case you would be liable for costs of the other side.

Does that clarify? Alex

Customer: replied 1 year ago.
It does, thank you
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Expert:  Ash replied 1 year ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

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