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Hi all,
Id appreciate some help or advice. I posted this in the week, in another forum on here, but think it didn't get much response as it was in the wrong forum.
I brought a claim against my mortgage provider, nram in the county court, for damages under the DPA 1998, section 13.1
The background to the complaint was that nram had recorded late payments and defaults in error on my 3 credit files with Equifax, Callcredit and Experian - and despite agreeing to remove them, didn't. It took 8 months to have them removed. I brought a claim for the cost of telephone calls which in total was 22 hours and loss of earnings from work from stress, i had 2 weeks off, and pursued a claim in the county court. Nram filed a strike out claim on the grounds that it had no prospect of success and we had a hearing on 21 May. I attended and so did their counsel, but no decision was made. A decision came out on 5 June and they were successful in their application to have the case struck out on the basis of no real prospect of success. They also have a costs order although i have not agreed to it as its for £9,000. My claim was for around £3400.
I want to appeal and am awaiting my solicitors appointment, but could do with a point of law steer for a basis for my appeal which i presume is around some form of case law. Plus, could someone advise how to argue costs which I think are disproportionate to the amount claimed. The case had not been assigned a track so wasn't in the small claims track yet.
Any advice would be greatly received.
Id appreciate some help or advice. I posted this in the week, in another forum on here, but think it didn't get much response as it was in the wrong forum.
I brought a claim against my mortgage provider, nram in the county court, for damages under the DPA 1998, section 13.1
The background to the complaint was that nram had recorded late payments and defaults in error on my 3 credit files with Equifax, Callcredit and Experian - and despite agreeing to remove them, didn't. It took 8 months to have them removed. I brought a claim for the cost of telephone calls which in total was 22 hours and loss of earnings from work from stress, i had 2 weeks off, and pursued a claim in the county court. Nram filed a strike out claim on the grounds that it had no prospect of success and we had a hearing on 21 May. I attended and so did their counsel, but no decision was made. A decision came out on 5 June and they were successful in their application to have the case struck out on the basis of no real prospect of success. They also have a costs order although i have not agreed to it as its for £9,000. My claim was for around £3400.
I want to appeal and am awaiting my solicitors appointment, but could do with a point of law steer for a basis for my appeal which i presume is around some form of case law. Plus, could someone advise how to argue costs which I think are disproportionate to the amount claimed. The case had not been assigned a track so wasn't in the small claims track yet.
Any advice would be greatly received.
