Wrongful default prevents house purchase? £8000 to £100000+ damages now available

bubblesmoney

subscribing to this thread.

keep us posted on what is happening with the appeal. best of luck.

Rico6.9

Trying_to_be_good wrote: »

Rico

Just read your thread - thank you. I'm not sure what the 'easy £5,000 in the English small claims court' would be for?

I have a vested interest, as I've just managed to get Barclays to remove an incorrect and totally erroneous arrears notice from my credit file. I'm about to apply for a new mortgage to move house, but whilst the arrears notice was there I was turned down for a credit card and a credit limit increase for an existing card.

I'm waiting to hear from them what they feel is an appropriate level of 'goodwill', as it's taken up a lot of my time, a lot of broken promises from them and huge amounts of frustration and emotion for me. I have suggested they just cancel my mortgage... (if you don't ask, you don't get!)

£5000 is your answer. Unless you're willing to accept less. Here's what happened to me:

the pursuer is entitled to an award for the general damage to his credit in addition to an award in respect of the actual loss sustained. Having regard to all the circumstances I consider that an appropriate award would be £8,000.

Outside the small claims court though, it's very tough. If house prices were going up you could have sued for a lot. Stick to £5000. I'd be interested to hear how you get on. Staff at the court should help you make your claim. Good luck.

Rico6.9

Don't bother waiting for the appeal. Claims should go in now. It seems this case already has enough influence to encourage the removal of wrongful defaults. Why not take the £5000 while you're at it?

geoffky

RICO is your case settled yet..did you get the 200k or just the 120k..

Rico6.9

Still waiting for 200K. Main problem is that I've accrued £200K of legal debt so far. HFC seem determined to drag it out until January next year and maybe beyond.
I was wondering if many people were taking advantage of the case in England and claiming an "easy £5000" in the small claims court while removing their defaults. It seems as if most are happy just to have defaults removed but I reckon the £5000 should be easy, particularly in comparison with what I've had to deal with.

Trying_to_be_good

Rico6.9 wrote: »

£5000 is your answer. Unless you're willing to accept less. Here's what happened to me:

the pursuer is entitled to an award for the general damage to his credit in addition to an award in respect of the actual loss sustained. Having regard to all the circumstances I consider that an appropriate award would be £8,000.

Outside the small claims court though, it's very tough. If house prices were going up you could have sued for a lot. Stick to £5000. I'd be interested to hear how you get on. Staff at the court should help you make your claim. Good luck.

Thanks - waiting for Barclays final closing on the complaint, which should be in the next couple of weeks. May then take the FOS route first, but will keep this ace up my sleeve - I need to read up around it all first. Thank you for your inspiration, good luck with HFC.

Rico6.9

Small Claim should be a quicker process than FOS but sadly capped at £5000. It's probably less hassle too but again only £5000 available. I hope it's sorted soon for you.

slopemaster

Thanks for this very useful information.
I am in a similar situation with vodafone, they have claimed i 'defaulted' on a contract i actually cancelled, and i have today had my mortgage application turned down.
Hope to use this case to pressure them to sort it out.
and if not I'll bloody well sue them.
good luck with the case.

Rico6.9

If there's anyone out there still waiting to sue for the difference in price of houses they now can't afford, they should still get a claim in now while this case is preparing for ratification. Plenty of stress to deal with but if it can help buy a house you otherwise can't afford, it could be worth it. Ratification is still looking like Spring next year.

Rico6.9

Update. Appeal judges in Scotland's highest court have decided that I was never entitled to rescind the credit agreement. I get nothing! I assume the Supreme Court will sort this but I'll need help from a lawyer that's interested in taking this on as a "pet project". The law really does need looking at. This is a travesty of justice. Again.

http://www.scotcourts.gov.uk/opinions/2010CSIH49.html