Wonga Default

mw5cym

Just noticed something:

Helpme1111, you said in your original thread that "i set up the payment plan i was told no default would be added and when i paid the balance i was told no default was added.'

If this is the case then you have another tack for removal of the default. It comes from the case of Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 involving a loss caused by a negligent misstatement.

Lord Morris of Borth-Y-Gest stated that: 'If … a person takes it upon himself to give information or advice to, or allows his information or advice to be passed on to, another person who, as he knows or should know, will place reliance upon it, then a duty of care will arise'.

It is therefore clear that if, and only if Wonga told you that they would not put a default on you and upon THAT statement you relied which lead to the default, then Wonga had a duty of care and have breached that duty by their mis-statement which has caused you a loss, namely, damage to your credit file.

This will work ONLY if they TOLD YOU that they would not put a default on you.