Suing a debt collection agency for incorrect entries on your credit record

chiguy50

Hi, in December 2012 a debt collecting firm(Arrow Global) bought a debt from Paragon Personal Finance that I was discharged from in 2007 though my ex wife is still paying her part of the loan off. At the same time arrow global entered this onto my credit account and instructed NCO Europe to chase me for the money. Despite numerous calls to NCO Europe and to Arrow Global, a request to Experian to remove the entry and my providing a letter from Paragon on 23/10/13 verifying that I paid my share of the debt and was discharged from my liabilities for the loan in 2007, Arrow Global and NCO Europe have refused to remove the entry from my record. I have written to them telling them that I require compensation for this erroneous and defamatory entry on to my record and asked for £1000 compensation f with interest at 8% per week from when they entered this onto my record on 12/12/12. My question is can I insist they pay compensation and can I pursue this legally either at the small claims court or through other means to gain compensation from this organisation which, having read threads do seem to be a little unscrupulous.

Chiguy

Tixy

You can insist they pay you compensation, much as anyone can insist anything.
You can bring court action against anyone for any thing. Commencing a court claim is the easy bit, winning is a different matter.

Have you complained to the FOS and/or the ICO in relation to this matter? If not then those are the more usual channels and you may wish to try those first.

DCFC79

chiguy50 wrote: »

Hi, in December 2012 a debt collecting firm(Arrow Global) bought a debt from Paragon Personal Finance that I was discharged from in 2007 though my ex wife is still paying her part of the loan off. At the same time arrow global entered this onto my credit account and instructed NCO Europe to chase me for the money. Despite numerous calls to NCO Europe and to Arrow Global, a request to Experian to remove the entry and my providing a letter from Paragon on 23/10/13 verifying that I paid my share of the debt and was discharged from my liabilities for the loan in 2007, Arrow Global and NCO Europe have refused to remove the entry from my record. I have written to them telling them that I require compensation for this erroneous and defamatory entry on to my record and asked for £1000 compensation f with interest at 8% per week from when they entered this onto my record on 12/12/12. My question is can I insist they pay compensation and can I pursue this legally either at the small claims court or through other means to gain compensation from this organisation which, having read threads do seem to be a little unscrupulous.

Chiguy

How do you arrive at £1k compo ?

chiguy50

The compensation bit was for stress, harassment, defamation and what is now24 phone calls/letters/emails at £25 a time.

chanz4

paid your share doesn't remove the account default

rizla_king

chanz4 wrote: »

paid your share doesn't remove the account default

You miss the point, again.

Default should have been in 2007 which would have been removed by now. A default in 2012 is a completely false record.

erskineman

I was a long time ago - late 1990s - but I received compensation for an incorrect entry on my credit file.

Lloyds had 'Defaulted' me when they shouldn't have.
They apologised and corrected the entry on my credit file.
However, I requested from them £1k compensation for their action (can't remember how I worded the letter) which they rejected, but offered me £750 instead - which I accepted.

marathonic

chiguy50 wrote: »

with interest at 8% per week from when they entered this onto my record on 12/12/12

You don't ask for much :rotfl:

Buzby

Sadly you haven't a chance. This is well trodden ground. You need to rode your loss - not just pluck a figure out the air. Further, the 8% is interest from the date of court judgement affect winning. If you are trying to use this as a wag to leverage the amount sued for, this needs to be quantified in your action.

Then, should you lose, you have to pay the other parties costs. This is the risk you take - even with a small claim. The loser always pays.

I'd chalk it up to experience and move on.

Tiddlywinks

I feel sorry for your ex who is still paying her part of the debt!

RobertoMoir

Tiddlywinks wrote: »

I feel sorry for your ex who is still paying her part of the debt!

Why? Who else should be paying her debt if not her?