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Defamation of Character?

I'm currently attempting to get a mortgage and claim back PPI on previous credit agreements. I ordered a £2 credit report from Equifax to have a look at my credit rating and it showed irregular late payments to an MBNA credit card that I have.

I called MBNA who advised me that the Direct Debit system did not call for a payment in June last year and since that time I've been charged a late payment every month! This hasn't registered as a late payment every month because of the dates the payments are made or something. I asked the chap on the phone why I wasn't called as the last time I missed a payment they were on the blower 4 times a day! He said that the account didn't look as it was in arrears or that a payment had been missed but the system had just not called for a payment and had started issuing late payment fees.

Anyway, I got a refund of 12 late payments and they have sent my a letter informing me they are editing my credit file but today I logged into my MBNA account to find another late payment for July. This is after the refunds and I'd made a debit card payment to bring the account up to date.

Is there any grounds for compensation for defamation of character or something?

13 Months of late payments because of a computer error is terrible and I want something back.

Thanks in advance for any help
Bobby

Comments

  • MPH80
    MPH80 Posts: 973 Forumite
    Part of the Furniture Combo Breaker
    What have you lost financially through this 'defamation of character' that you haven't already had refunded?

    That's what your compensation would be based on in this case.

    You could ask for £50.
  • Do you not check your statements each month?

    This is not defamation, this is a simple mistake on their part, and you failing to check your account.
  • Mara69
    Mara69 Posts: 1,409 Forumite
    I'm currently attempting to get a mortgage and claim back PPI on previous credit agreements. I ordered a £2 credit report from Equifax to have a look at my credit rating and it showed irregular late payments to an MBNA credit card that I have.

    I called MBNA who advised me that the Direct Debit system did not call for a payment in June last year and since that time I've been charged a late payment every month! This hasn't registered as a late payment every month because of the dates the payments are made or something. I asked the chap on the phone why I wasn't called as the last time I missed a payment they were on the blower 4 times a day! He said that the account didn't look as it was in arrears or that a payment had been missed but the system had just not called for a payment and had started issuing late payment fees.

    Anyway, I got a refund of 12 late payments and they have sent my a letter informing me they are editing my credit file but today I logged into my MBNA account to find another late payment for July. This is after the refunds and I'd made a debit card payment to bring the account up to date.

    Is there any grounds for compensation for defamation of character or something?

    13 Months of late payments because of a computer error is terrible and I want something back.

    Thanks in advance for any help
    Bobby

    You've had something back - all the late payments (plus another one due as their systems are clearly slow to adjust) plus they are amending your credit file. Maybe get a tenner from them for the additional late payment. When did you make the debit card payment.
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    very difficult to prove even in more clear cut cases

    http://news.bbc.co.uk/1/hi/programmes/moneybox/8098674.stm
  • ALIBOBSY
    ALIBOBSY Posts: 4,527 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    My understanding is you can take a company to court IF you can prove a direct loss due to their error on the credit file ie you were turned down for the mortgage you wanted and perhaps could only get a "sub prime" or non at all. In this case it sounds like you haven't had a loss as yet, so just get on to them to sort it out ASAP before you start appling for mortgages.

    Ali x
    "Overthinking every little thing
    Acknowledge the bell you cant unring"

  • I was really just asking what, if any would my options be. I guess I got my answer... "Nothing"
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    I think it's worth going through their complaints process because they have made a mistake and there's a reasonable chance that they will offer you something, but if you start to bandy about terms such as 'defamation of character' with them they may well switch off being apologetic in case you decided to actually act on your threat. Be polite to them and you may be pleasantly surprised by their response.
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    Whats with people and compo, were not america
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    How can you fail to notice a dozen £12 charges on your statements?
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