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Compensation offer from credit card company

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  • callum9999
    callum9999 Posts: 4,434 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    It might be right if you were served coffee so hot and in a drive-through in such a way that resulted in your receiving third degree burns and being hospitalised for several days.



    Fair enough, and I personally would have been happy with that on the basis that money wouldn't really fix the problem anyway. But the FOS does try to put a figure on these things based on what it thinks is reasonable - which will be a best guess of what "society" would expect. The FOS is meant to be an alternative to formal litigation - people can always sue if they prefer.

    Looking up the story - it is exaggerated, but it's still ridiculous in my opinion. However, I do have a belief that people need to be responsible for their own lives. Maybe the coffee was too hot, it was still here fault for holding/drinking it inappropriately.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    callum9999 wrote: »
    Looking up the story - it is exaggerated, but it's still ridiculous in my opinion. However, I do have a belief that people need to be responsible for their own lives. Maybe the coffee was too hot, it was still here fault for holding/drinking it inappropriately.

    Usually in negligence claims, damages are proportionately reduced where there is contributory negligence.

    In the case of people needing to be responsible for their own lives - well, yes. But here the company had a duty of confidentiality to the OP. Because of their negligence, this was breached. Sure it might have been a "small" mistake, but it was foreseeable that if they sent it to the wrong address it could be opened and cause great embarrassment. So I think in this case, it's the company that should be responsible for its actions - the OP had no hand in what happened. The only question is the quantum - ie the amount of damages that would be appropriate. The OP should indeed be responsible for her own life to the extent of the debt, but that doesn't extend to being responsible for those who fail in a duty to her.
  • Thanks Col, we did apply for discretionary housing payments a while ago but got turned down. Problem we have is that my OH has a small pension paid once a year, and I mean small. Accordingly, it is classed as income and although we no longer have the actual money (paid every January and this year it went to try and sustain our sinking company), the DSS have extrapolated the figures and it is included as weekly income which is just ridiculous. Accordingly, we are 'docked' money from JSA and other benefits for something that we just don't have and was used 11 months ago. Good news is that when paid in Jan '11 it will enable us - just about - to pay for the BR fees.

    We previously applied for a Crisis loan but also got turned down, Jobcentre said it was mainly for emergency food rations and (minimal) money for electricity meters, for instance, to get you through to next benefit payment. Luckily we have family to help us out a wee bit but things are pretty tight for them too. Ho hum, guess we'd better keep doing that lottery, problem is, we can't afford the ticket...pah!
    All the best, Tabs
  • Budner
    Budner Posts: 50 Forumite
    I would act all stressed and go to the doctors, claim psychological damage, whiplash etc....... where there's blame there's a claim.

    I certainly wouldn't let it go at £150...never take the opening offer.[/QUOTE]



    So essentialy you'd lie and commit fraud. Your parents would be proud
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