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  • FIRST POST
    • Salvaticus
    • By Salvaticus 11th Aug 17, 3:26 PM
    • 8Posts
    • 1Thanks
    Salvaticus
    Can I sue this Payday Loan's Company?
    • #1
    • 11th Aug 17, 3:26 PM
    Can I sue this Payday Loan's Company? 11th Aug 17 at 3:26 PM
    Hi All,
    Hopefully I am posting this in the correct section of the forum.

    I had a mountain of debt and, over years, and with the great help of PayPlan (THANK YOU GUYS!), I am now officially debt free... well two years ago even, and still am.

    A company has been consistently emailing me periodically over the past few years with demanding/ worrying emails, even though the balance was settled. I have asked for, and had them confirm (on numerous occasions) that it was a computer error and have asked and had confirmed they will remove my contact details and never contact me again.

    This has happen around 6 or more times over the past two years (emails to back it all up). Recently, they then "sold" the debt, which had already been settled (and I have written confirmation from them, and corresponding "settled" status on credit file... but they "sold" my details, including my personal contact details to another company.

    I hit the roof. Well, to be honest, I was in tears. All the pain and worry came flooding back, I couldn't sleep, my partner thought I'd gone back to my bad ways...

    I emailed everything with proof emails backing it up to PayPlan, all company email addresses and also the Financial Obmudsman Service. (FOS)

    This morning FOS emailed to say they'd been in touch with the company in question and had agreed a compensation of £100 for the inconvenience and a promise not to contact me again.

    My question, in case anyone can help, or sign-post me in the right direction, is;

    1) Can I sue the loans company for harrasment
    2) Can I sue them for breach of Data Protection Laws

    If anyone could help, I would be VERY grateful!

    Also - good luck to everyone taking positive steps to get themselves out of debt!!
Page 1
    • adindas
    • By adindas 11th Aug 17, 3:43 PM
    • 3,265 Posts
    • 1,586 Thanks
    adindas
    • #2
    • 11th Aug 17, 3:43 PM
    • #2
    • 11th Aug 17, 3:43 PM
    Hi All,
    Hopefully I am posting this in the correct section of the forum.

    I had a mountain of debt and, over years, and with the great help of PayPlan (THANK YOU GUYS!), I am now officially debt free... well two years ago even, and still am.

    A company has been consistently emailing me periodically over the past few years with demanding/ worrying emails, even though the balance was settled. I have asked for, and had them confirm (on numerous occasions) that it was a computer error and have asked and had confirmed they will remove my contact details and never contact me again.

    This has happen around 6 or more times over the past two years (emails to back it all up). Recently, they then "sold" the debt, which had already been settled (and I have written confirmation from them, and corresponding "settled" status on credit file... but they "sold" my details, including my personal contact details to another company.

    I hit the roof. Well, to be honest, I was in tears. All the pain and worry came flooding back, I couldn't sleep, my partner thought I'd gone back to my bad ways...

    I emailed everything with proof emails backing it up to PayPlan, all company email addresses and also the Financial Obmudsman Service. (FOS)

    This morning FOS emailed to say they'd been in touch with the company in question and had agreed a compensation of £100 for the inconvenience and a promise not to contact me again.

    My question, in case anyone can help, or sign-post me in the right direction, is;

    1) Can I sue the loans company for harrasment
    2) Can I sue them for breach of Data Protection Laws

    If anyone could help, I would be VERY grateful!

    Also - good luck to everyone taking positive steps to get themselves out of debt!!
    Originally posted by Salvaticus
    I have not done that before but it seems for the case like, you could capitalize it,

    If I were you I would renegotiate the compensation with estimation of how much it has costed to sort out this problem. This could be your professional time, and probably as you said Harassment and breach of Data protection. For this scale of trouble I would aim for £1000+ compensation. £100 sounds too cheap for the trouble they have caused you.
    • lincroft1710
    • By lincroft1710 11th Aug 17, 3:46 PM
    • 9,736 Posts
    • 7,760 Thanks
    lincroft1710
    • #3
    • 11th Aug 17, 3:46 PM
    • #3
    • 11th Aug 17, 3:46 PM
    Do you realise how much it would cost to bring an action against a company and if you lose, how much you could end up paying for their costs? You cannot use MCOL for this type of claim.
    Last edited by lincroft1710; 11-08-2017 at 7:16 PM.
    • lovinituk
    • By lovinituk 11th Aug 17, 3:50 PM
    • 5,371 Posts
    • 6,037 Thanks
    lovinituk
    • #4
    • 11th Aug 17, 3:50 PM
    • #4
    • 11th Aug 17, 3:50 PM
    You cannot use MCOL for this type of claim.
    Originally posted by lincroft1710
    Why not? Small claims is for claims under £10000. Someone on the motoring sub forum successfully sued a parking company for breach of data protection through small claims court. And costs are not usually awarded in small claims court.

    Please note that does not mean I think the OP has a case!
    • Salvaticus
    • By Salvaticus 11th Aug 17, 3:55 PM
    • 8 Posts
    • 1 Thanks
    Salvaticus
    • #5
    • 11th Aug 17, 3:55 PM
    • #5
    • 11th Aug 17, 3:55 PM
    I have not done that before but it seems for the case like, you could capitalize it,

    If I were you I would renegotiate the compensation with estimation of how much it has costed to sort out this problem. This could be your professional time, and probably as you said Harassment and breach of Data protection. For this scale of trouble I would aim for £1000+ compensation. £100 sounds too cheap for the trouble they have caused you.
    Originally posted by adindas
    Thank you for this. Yes, I have gone back to the person mediating asking them to review and revise their offer of compensation, reminding them of their breaches of both Data Protection Laws and FCA Laws (and their written admission/ apology to this).

    I've asked them to revise their offer, otherwise I will look to do down the route of them being fined for their breaches, which as I understand it, I would not personally benefit from financially, but they would (if found guilty), be facing a much higher bill.

    Thank you indeed for your input!
    • Salvaticus
    • By Salvaticus 11th Aug 17, 3:57 PM
    • 8 Posts
    • 1 Thanks
    Salvaticus
    • #6
    • 11th Aug 17, 3:57 PM
    • #6
    • 11th Aug 17, 3:57 PM
    Do you realise how much it would cost to bring an action against a company and if you lose, how much you could end up paying for their costs? You cannot use MCOL for this type of claim.
    Originally posted by lincroft1710
    Hi! Yes, I believe I would have to either go on a "no win, no fee" basis or foot the bill myself. Through a small claims court, the costs wouldn't be too much for me personally I don't think, but am still researching this.

    It's the fact that the Financial Services Ombudsman have made an "opinion" on this, in my favour... that gives me hope that I can really tighten the screws on these unscrupulous people. Thanks for your input too
    • bargainbetty
    • By bargainbetty 11th Aug 17, 3:57 PM
    • 3,097 Posts
    • 7,137 Thanks
    bargainbetty
    • #7
    • 11th Aug 17, 3:57 PM
    • #7
    • 11th Aug 17, 3:57 PM
    To sue you would need to prove intent, rather than administrative failure/error, which is what this most likely comes down to. You will need to demonstrate and prove your active losses. Since the intervention of the FOS has obtained a confirmation that the error has been rectified and you have been offered a sum of compensation, what are your actual losses? You can rarely claim for time spent, unless it has caused you to miss days of work - you can't just add up the hours and stick a number on it.

    If you bring a case yourself, you will struggle to find a single solicitor who will encourage you to incur costs for what would be a minimal increase in compensation.

    Lincroft1710is correct - you will incur a lot of costs to get very little back.

    You could ask the FOS to increase the compensation, which might get a bit extra.

    Edit: Then, you can report them to the ICO and get them in trouble anyway.
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!
    MFW - Joined May 2012, aiming to cut the mortgage by an extra two months every year. (Overpaid £3000 so far)
    , only 11 years to go.

    • Salvaticus
    • By Salvaticus 11th Aug 17, 4:18 PM
    • 8 Posts
    • 1 Thanks
    Salvaticus
    • #8
    • 11th Aug 17, 4:18 PM
    • #8
    • 11th Aug 17, 4:18 PM
    To sue you would need to prove intent, rather than administrative failure/error, which is what this most likely comes down to. You will need to demonstrate and prove your active losses. Since the intervention of the FOS has obtained a confirmation that the error has been rectified and you have been offered a sum of compensation, what are your actual losses? You can rarely claim for time spent, unless it has caused you to miss days of work - you can't just add up the hours and stick a number on it.

    If you bring a case yourself, you will struggle to find a single solicitor who will encourage you to incur costs for what would be a minimal increase in compensation.

    Lincroft1710is correct - you will incur a lot of costs to get very little back.

    You could ask the FOS to increase the compensation, which might get a bit extra.

    Edit: Then, you can report them to the ICO and get them in trouble anyway.
    Originally posted by bargainbetty

    Thank you so much for this. The kind lady from the FOS just called me and has agreed to forward on my email asking them to come back with a better offer and if I don't agree with it, I'll go down the FCA / DPA breaches route... sure I might not see a penny for any fines, but at least it might stop them doing it to others.

    I'll be sure to update this thread with any response from the loans company in question and what route I take from there.

    Thanks everyone for your input and advice (and so quickly too!) Thanks!
    • adindas
    • By adindas 11th Aug 17, 4:24 PM
    • 3,265 Posts
    • 1,586 Thanks
    adindas
    • #9
    • 11th Aug 17, 4:24 PM
    • #9
    • 11th Aug 17, 4:24 PM
    OP I think you would better speak to professional advice from CAB.
    https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/small-claims/

    And ask for their professional opinion.

    http://www.moneysavingexpert.com/reclaim/small-claims-court

    Small claim court is not that expensive and you could submit it online.
    https://www.gov.uk/make-court-claim-for-money/court-fees

    And they will be thinking twice not to award you £1000 (say) for trouble they will get if you take them to small claim court.

    If you read this forum regularly, reasonable number of people here get about £100 compensation from the bank just because of a small hassles. £100 compensation for such trouble they have caused you is in insult.
    Last edited by adindas; 11-08-2017 at 4:28 PM.
    • Salvaticus
    • By Salvaticus 11th Aug 17, 4:57 PM
    • 8 Posts
    • 1 Thanks
    Salvaticus
    Thanks for the link to the Small Claims Court - I'm asking the kind lady at the FOS to include that in her the email to the loans company... let them scratch their heads and see how much they fancy their chances.

    Cheers all!
    • Arleen
    • By Arleen 11th Aug 17, 5:06 PM
    • 968 Posts
    • 712 Thanks
    Arleen
    £100 compensation for such trouble they have caused you is in insult.
    Originally posted by adindas
    Luckily court system doesn't work on insults but damages. What has an actual loss you incurred OP? How do you plan to prove it? Heck, how do you plan to prove that they did so intentionally, which is usually a requirement to be awarded any damages in the first place? This isn't a type of case where you can get paid for emotional distress, and that seems to be your only "loss".
    They also didn't breach data protection act, at least not in the way you think, and you are getting money as a gesture of good will, with slight hope that you won't complain about it further. But you are not out of anything yourself here.

    This isn't a TV show, courts will not give you a bonanza but they are here to only make you square, not better as you were before. So listen to @bargainbetty advice, ask for more compensation and, once you get it, complain to ICO which will get them in trouble.
    • lincroft1710
    • By lincroft1710 11th Aug 17, 6:12 PM
    • 9,736 Posts
    • 7,760 Thanks
    lincroft1710
    sure I might not see a penny for any fines, but at least it might stop them doing it to others.
    Originally posted by Salvaticus
    At worst it will be a slap on the wrist, or the monetary equivalent. It is extremely doubtful that this company will never do this again
    • keepcalmandstayoutofdebt
    • By keepcalmandstayoutofdebt 11th Aug 17, 7:05 PM
    • 2,864 Posts
    • 1,503 Thanks
    keepcalmandstayoutofdebt
    Hi All,

    This morning FOS emailed to say they'd been in touch with the company in question and had agreed a compensation of £100 for the inconvenience and a promise not to contact me again.

    My question, in case anyone can help, or sign-post me in the right direction, is;

    1) Can I sue the loans company for harrasment
    2) Can I sue them for breach of Data Protection Laws
    Originally posted by Salvaticus
    This £100 is as realistic as it gets.

    I wouldn't wind myself up any further. Honestly it's not worth the anger.

    This is even from someone who had a problem earlier this year when this type of company clearly thought they were God when it came to use of CPA. But I guess because so many borrowers had complained before.....that was it as they cancelled of CPA. (Turns out they get to hide under their band name so not worth the effort)

    What the FOS agrees with on the phone doesn't always tend to get written down, just await the formal letter to see what I may mean.

    In the end I don't really know what wound me up more but getting angry/upset/frustrated was definately just letting them win. I'll always believe in people posting about compo as a source to wind others up should be verified.
    "If you are caught in a rainstorm, once you accept that you'll receive a soaking, the only thing left to do is enjoy the walk"
    • Car1980
    • By Car1980 11th Aug 17, 7:38 PM
    • 215 Posts
    • 97 Thanks
    Car1980
    Data protection breach case: http://parking-prankster.blogspot.co.uk/2017/05/motorist-awarded-900-for-data.html?m=1
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