Incorrect date for default

panthony

Last November I was granted a DRO insolvency, as unable to pay or work due to ill health.

I have four creditors, two have the defaults dated correctly as the same as the Insolvency of November 2017,
The other two registered a default 4 months after insolvency in February 2018, and are refusing to change it to the earlier date as required by law.

I took my case to the adjudicators and am now waiting for both the FoS and ICO to rule. I am pretty confident of winning as the rules do state:

Quote- the default date must be consistent with that of the insolvency; therefore a default should be filed as being no later than the date of the insolvency -EndQuote
(SCOR:January2014,Page 7,last paragraph)
http://www.scoronline.co.uk/sites/default/files/High%20Level%20Prinicples%20Document%20Version%202%20final.pdf

I am very surprised that 2 banks have chosen to ignore this rule.
How likely am I to win in this complaint with the FoS and ICO, and what level of compensation I can expect if any.

I should add that I have been battling to get this changed for over 4 months now which has adversely affected my ill health further, and taken up much time and energy to pursue, I am just waiting for the rulings now.

Also, would a private prosecution be worth it too? I feel quite aggrieved by the inaction of these 2 banks, breach of DataProtectionAct, and breach of consumerCreditAct, lack of duty of care, lack of understanding, wasting my time, making me ill, etc.

fermi

You should win, but even with the FOS/ICO you do sometimes get an ill informed adjudicator who makes a bizarre finding. If so, then you have to just take the process further.

I doubt there will be much redress awarded, as the late default date it of tiny or zero impact at this time. It would only be of big impact after Nov 2013 if the defaults remained then for a while. You may get something for the time and inconvenience, costs incurred.