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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50156
Experience:  Qualified Solicitor
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I wonder if you can help me I had a car on HP back in

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Hi I wonder if you can help me
I had a car on HP back in 2008 I lost my job in the december and defaulted on about 7 payments, I then got a job in August 2009 and resumed payments. I paid the settlemtn figure in 2011 meaning i owned the car and closed the account, however after getting turned down for a mortgage i checked my credit report and it seems that they forgot to close the account and have been defaulting me monthly from Mar 2011. They have admitted my mistake and agreed (not in wirting ) to pay £3-00 for stress and inconvenience. When i received the cheque they have stated "please accept this refund for overpayment" this is clearly not the case and it suggests that they know they should be paying more or I should be taking this further. I now have lost the house i wanted and I am in a bit of a mess living wise as I have sold my house and will have to rent. Do I have gorunds to take this further and go for more compensation?
Thanks in advance for your help
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

The issue you will find with pursuing such claims is that each case will depend on its own facts and merits and it would be very difficult to say with any degree of certainty whether you will be entitled to more compensation or not. It can vary greatly depending on the judge on the day and how they perceive this, how much they agree that serous inconvenience and distress has been suffered or if they agree with the losses you are claiming for and that you have done all you can reasonably have been expected to in order to minimise them. So it can all be a bit of a hit and miss. Before you actually consider court you are best advised to try and put additional pressure on the company via other means. You can simply write to them and make it clear that this is an unreasonable offer, detail the effects their actions have had on you and what losses you have already suffered and may have to continue incurring. Pursue this through their formal complaints procedures and do this until you get to their final response, where they say you can no longer take it any further with them. At any point you can also make it clear you would be taking this further if necessary, such as to the Financial Ombudsman or the courts.

After you have received the final decision by them you can go to the Financial Ombudsman. This is actually a free service and they can make a binding decision that will force the company to pay compensation if they feel it is justifiable to do so. It is just another way of trying to get an independent decision that will be binding, without having to spend money in court.

After the Ombudsman’s decision you have the option of going to court but you should get an idea of whether that is worth it following that decision. If the Ombudsman has rejected your claim and there are clear reasons as to why that may be then you may be best advised not to go to court as they could come to the same conclusion. At least then you would not be wasting time and money pursuing a weak case.




Thanks for that, I definitely wont be taking it to court, I can't deal with the expense or the stress, I suppose i was just wondering what my next step is and how to approach them, who should i ask to speak to etc?

Ben Jones :

At first you should pursue this internally with the company - before you o to the Ombudsman you need to exhaust the company's own internal complaints process so this should be explained somewhere on their website or you can contact them and ask them how to take matters further with them. After you have received a final decision from them you can consider the Ombudsman service - as mentioned this is free so you nay as well use it if you can because it can force the company to pay you the compensation that the Ombudsman finds is reasonable. Details of how to use their service is here:


Thank you very much

Ben Jones :

you are most welcome

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