Claiming compensation for a false DEFAULT

_Andy_

argomatt wrote: »

I still don't understand why everyone's first reaction to any event is to think of how much compensation they are "entitled" to..?!

:beer:

Consumer revenge innit/aka stupid compo mentality not helped by MSE's old strapline

McKneff

I think quite a lot of you are being quite unkind to the OP to be honest.

antrobus

McKneff wrote: »

I think quite a lot of you are being quite unkind to the OP to be honest.

Agreed.

OP should formally complain to Barclays regarding the false default. If unhappy with the amount offered they can then take it to the FOS.

Registering a false default against someone isn't a trivial matter, after all.

somethingcorporate

rizla_king wrote: »

Probably the only way to extract a large sum is to threaten to sue. The bloke here did. http://news.bbc.co.uk/1/hi/programmes/moneybox/8098674.stm

Different circumstances as it wasn't his debt, but the principle that a false default may be 'defamation' is the same.

I am not sure that award would have covered much of his costs given he already engaged solicitors.

drjones

Rufio90210 wrote: »

Hi ,

In 2005 I took out a Career Development Loan with Barclays which I paid back in 2009.

I checked my Credit Report for the first time a few months ago having been refused loans and noticed that in 2010 this had been registered as a default and I have had an awful credit rating the last 3 years because of it.

Having contacted Barclays they have just admitted their mistake to me in writing so now I can go abouts getting them to clear it or somehow give me a letter to prove to lenders that this default is void.

But what I really want to know is can I claim compensation and how to do it smartly to get as much as I can? Has anyone had similar encounters and been successful? How much could I get?

Any help will be appreciated,

Thanks

Luke

If your bank makes a mistake that causes you financial cost, it's reasonable to ask it to put it right. However, you will have difficulty quantifying any financial loss this default has caused, so shouldn't expect much except for perhaps a good will gesture if Barclay's don't want to lose your business. You also have to bear some of the responsibility for not checking your credit report for three years following the default, despite the rejections for other loans.

Your best approach would be to send a polite complaint letter to Barclay's thanking them for correcting the mistake, but pointing out the inconvenience their mistake has caused you. Mention that, to your knowledge, it is unlikely that you would have been rejected for the loans you've applied for for other reasons, such as too much available credit, affordability, etc., if this is indeed true.

You might get a letter back saying "sorry for the mistake, here's £25", or you might get a letter back just saying "sorry for the mistake". Remember you still have a choice of whether or not you give Barclay's your custom in the future.

Dabooka

I agree with Jonesy above. Yes it's been there for three years, but you couldn't be 100% certain you'd have got the loans without it (although I'm sure we'd all agree it would have stopped you being accepted, but that's not the same thing). So proving detriment will behard.

Send the letter in and chance your arm, banks are under all sorts of pressure to be seen to be playing fair and nice, so your timing is good!

Best of luck and do post back.