Incorrect CCJs - both removed. Compensation?

jonesMUFCforever

BroodingSea wrote: »

Thanks guys. As far putting a number on the stress and duress. Who knows. Owing to the stress after my mothers passing yes that was considerable. Rent instead of mortgage perhaps 20k.

I agree you have been very badly treated but you need to break any compensation claim into individual pockets .
If you can get your (potential) mortgage lender to confirm the CCJ was the sole reason you were refused a mortgage (and you took reasonable steps to find another) then you can work out exactly how much that has cost you . Rent - mortgage x number of months since this has happened.
For duress it is not unreasonable for you to get £1000-£1500 for what has happened.
Finally tot up all your expenses such as telephone calls, requests for credit files etc.

BroodingSea

Thought I'd update on process so far. It is now within their formal complaint process. Their customer complaint team and litigation manager apparently met and yesterday received a call. Been in touch with call backs daily in the last week. Basically stonewalled and said we will give you £200 compensation. They then promptly said if I wasn't happy I could further my complaint to the second stage of the process. Which I have. I added further notes during the call to say the award was woeful. Cited previous cases where payouts have reached 4 digits for defaults. I maintained that I wish to settle with them directly but that I would also firmly take legal action should be reach a dead end. All in all perhaps this was to be expected ?
More to follow.

Marktheshark

basically they had a meeting and decided you were not up to taking legal action so offered a silly figure, take or leave.
Looks like they think they have you worked out, so now it's put up or shut up time.

BroodingSea

No. They said straight away its at the basic stage and indirectly prompted ME to go through to second stage. They will notify me the result of this by the end of the week.

BroodingSea

Any idea on how to proceed? They have offered 300 and maintain that alleged loss is unprovable.

If I am at the end of the complaint route - should I issue a county court claim?

Anyone have any guidance here?

chanz4

If you can prove it you have a stronger case, in a court of law its what you can prove.

bargainbetty

The issue with claiming rent costs is that you would have had monthly mortgage payments for your living costs, and the difference between them is the absolute maximum loss on that score - you can't claim six months of rent, when you would have been paying six months of mortgage instead.

Alleged losses, unless proven, do indeed remain unprovable. Anyone who refused you credit during that time is unlikely to give you written confirmation of the fact, and unless you were left with absolutely no other options but to take out higher rate credit (a car loan is not considered 'essential' living costs) you can't prove financial loss in your case. Stress is indeed subjective.

You can claim for actual losses: phone calls, time (give them your professional hourly rate and an estimate of the time etc, difference in costs. I'd ask for £1k and hope they call that fair. I got approx £750 in dribs and drabs from Halifax after they put an incorrect marker on my file. I was fairly happy with that and the fact that I moved bank and never have to deal with the useless place again.

BroodingSea

Well this all looks pretty bad for me doesn't it!!

jonesMUFCforever

Did you or did you not look for another mortgage deal after you were knocked back?

jellie

BroodingSea wrote: »

Thought I'd update on process so far. It is now within their formal complaint process. Their customer complaint team and litigation manager apparently met and yesterday received a call. Been in touch with call backs daily in the last week. Basically stonewalled and said we will give you £200 compensation. They then promptly said if I wasn't happy I could further my complaint to the second stage of the process. Which I have. I added further notes during the call to say the award was woeful. Cited previous cases where payouts have reached 4 digits for defaults. I maintained that I wish to settle with them directly but that I would also firmly take legal action should be reach a dead end. All in all perhaps this was to be expected ?
More to follow.

Not belittling your experience, it was dreadful, but a customer complaint team and litigation manager had to have a meeting to come up with £200 compensation? Ridiculous.

When you've had the company's final decision, have you considered taking your case to the relevant ombudsman?