Incorrect Data Entry by CRA

[Guest]

Re: Incorrect Data Entry by CRA

Nemesis is correct.
There is no case law which permits general losses in cases like this unfortunately, although in the Orfoster case there was an award of £1k , there they sited the google case, which was an intellectual property dispute, however the award was severely criticised and i cannot see it being repeated.
I have seen cases where sums have been paid however ,just to make the matter go away, and if you persist you may get an offer.

[Sparkie1723]

Re: Incorrect Data Entry by CRA

The Durkin award was awarded for damage to credit status only..... no award was made for loss the damage award was supported by Wilson v First Counties Trust and Kohpararor v The Woolwich.

Sparkie

[nemesis45]

Re: Incorrect Data Entry by CRA

I am unable to find a record of this judgement can anyone provide a link please?

There has been much talked of £1K per erroneous entry on credit files which I think has be "quoted" in many places and has never to my knowledge actually achieved.

Redress I believe has never been substantial.

[Guest]

Re: Incorrect Data Entry by CRA

I am unable to find a record of this judgement can anyone provide a link please?

There has been much talked of £1K per erroneous entry on credit files which I think has be "quoted" in many places and has never to my knowledge actually achieved.

Redress I believe has never been substantial.

It is on here somewhere, i will see if I can find a link for you. The initial uncontested award was made in a Scottish court , however MR Durkin appealed because he thought the amount awarded was not enough, eventually it ended up in the supreme court, they found for Mr Durkin on the facts of the case but could not interfere with the award made by the Scottish court one way or another.

The claim that this in some way sets a precedent in an English court has been mentioned without any effect in several cases including the former mentioned Orfoster case where it was not felt worth considering.

Orfoter is on here also, he got £1k

[Guest]

Re: Incorrect Data Entry by CRA

The Durkin thread is here with all the judgments on it

http://www.legalbeagles.info/forums/...ghlight=durkin

[nemesis45]

Re: Incorrect Data Entry by CRA

The Durkin thread is here with all the judgments on it

http://www.legalbeagles.info/forums/...ghlight=durkin

Thanks much appreciated!! I am familiar with Mr Durkins Case.

[Guest]

Re: Incorrect Data Entry by CRA

I am unable to find a record of this judgement can anyone provide a link please?

.

You mean this one ?

http://www.legalbeagles.info/forums/...light=orfoster

[Sparkie1723]

Re: Incorrect Data Entry by CRA

This is the conclusion of the Supreme Court Ruling in the Durkin case .take note of what it says.

I would allow the appeal and declare that Mr Durkin was entitled to rescind and validly rescinded the credit agreement by giving notice to HFC in about February 1999. Damages resulting from HFC's breach of its duty of care are confined to injury to Mr Durkin's credit in the sum of £8,000. I would give the parties an opportunity to agree the date from which interest should run and the rate or rates of interest to be applied.

There was no award for pecuniary loss of any description.......Just damages to his credit status................the Judge in our County Court agreed and stated that I suffered no quantifiable pecuniary loss and at one time assessed the Durkin damages as at 2012 at £11,000 plus .but then ruled I was statute barred from claiming and being awarded this........The appeal Court has overturned that decision and I can now pursue damages as per Durkin, because that is what I suffered also ....damage to my credit status.
Durkin used with our ruling will win awards if presented even in a reasonable manner by an LIP ...but that as I say is my unqualified opinion.

Sparkie

[Thandabird]

Re: Incorrect Data Entry by CRA

The Durkin award was awarded for damage to credit status only..... no award was made for loss the damage award was supported by Wilson v First Counties Trust and Kohpararor v The Woolwich.

Sparkie

Hi Sparkie,

Thanks for all that useful information. It was an interesting reading. In your opinion, what would be the best way forward in my case. I have sent a letter already but that all depends on the reply. What do you suggest?

[Guest]

Re: Incorrect Data Entry by CRA

OK I feel I should just issue one final warning here before you like many others waste their time and money pursuing unquantifiable losses on recommendation of other members.
Firstly as said the scottish courts judgment creates no precedent in this country, the supreme court did not issue a judgment on general losses.
There have been many case of this nature since Durkin, and not one has successfully used this case, the other cases mentioned are not even relevant.
By all means complain and threaten them with the FOS and seek redress, but do not spend one penny on a court action because you will never see it again, unless you can show a quantifiable loss.

[Thandabird]

Re: Incorrect Data Entry by CRA

Hi andy,

Thank you for your advice. Just to clarify, does it mean that I do not have a case?

Thanks
TB

[Sparkie1723]

Re: Incorrect Data Entry by CRA

I myself will make no further comment on your thread Thandabird.....I will just say that the Civil Judge in my case had warned B/H that I would more likely than not win my claim in an earlier hearing.....and it was he that worked out that the Durkin damages of £8,000 was equivalent to approx. £11,000 in 2012 ( year he said that) he also advised that a part 36 offer should be made by B/H.................they made that offer which we turned down................then B/H engaged Gough Street chambers who made a very late submission of the Limitations time barr on the very morning of our trial which he allowed and adjourned the 3 day proposed hearing to a later date for us to defend the time barr....................The rest is now history..................at no time did I or could I quantify loss.....................yet as I said history has shown that damage to credit status is a fact and that is what our case about....it now is down to be assessed in the Court it started from..................the damage award is to be considered for damage to my credit status.................and unquantifiable loss....................This will be decided very soon and ........I advise you to wait to see what damages I am awarded for damage to my credit status only as confirmed must be assessed by our appeal court order.

Again just my opinion base on my own personal experience of this particular issue........they are not many people who have that particular issue.

I hope it helps you a little more.......wait and see and then decide if to take action or not ....spend they time preparing very carefully in the meantime.
I will say no more for reasons I will not be drawn into saying.
But I do wish you luck in your own wisdom.

Sparkie

[Guest]

Re: Incorrect Data Entry by CRA

Hi andy,

Thank you for your advice. Just to clarify, does it mean that I do not have a case?

Thanks
TB

You would have to claim under section 13(1) of the DPA 1998 and this stipulates that an award will only be made when the claimant can show that they have suffered losses by the action of the data controller.
There has never been any award granted for damage to credit rating in this country. The main authorities for this are Smeaton vs equifax and Haliday.
The problem is that the remedies for this are covered by the statue and this is clear.

I have seen cases where companies have made payouts when the injured parties have complained to the FCA OFT ICO and threatened to press for regulatory action if there was no redress paid, this is a different thing to issuing a LBA. When these actually go to court they inevitably fail however for the above reasons.

[nemesis45]

Re: Incorrect Data Entry by CRA

You would have to claim under section 13(1) of the DPA 1998 and this stipulates that an award will only be made when the claimant can show that they have suffered losses by the action of the data controller.
There has never been any award granted for damage to credit rating in this country. The main authorities for this are Smeaton vs equifax and Haliday.
The problem is that the remedies for this are covered by the statue and this is clear.

I have seen cases where companies have made payouts when the injured parties have complained to the FCA OFT ICO and threatened to press for regulatory action if there was no redress paid, this is a different thing to issuing a LBA. When these actually go to court they inevitably fail however for the above reasons.

Absolutely correct!!

Also more has been achieved by seeking reasonable redress by simply " suggesting" that a " gesture of good will" may be appropriate.

[Thandabird]

Re: Incorrect Data Entry by CRA

I myself will make no further comment on your thread Thandabird.....I will just say that the Civil Judge in my case had warned B/H that I would more likely than not win my claim in an earlier hearing.....and it was he that worked out that the Durkin damages of £8,000 was equivalent to approx. £11,000 in 2012 ( year he said that) he also advised that a part 36 offer should be made by B/H.................they made that offer which we turned down................then B/H engaged Gough Street chambers who made a very late submission of the Limitations time barr on the very morning of our trial which he allowed and adjourned the 3 day proposed hearing to a later date for us to defend the time barr....................The rest is now history..................at no time did I or could I quantify loss.....................yet as I said history has shown that damage to credit status is a fact and that is what our case about....it now is down to be assessed in the Court it started from..................the damage award is to be considered for damage to my credit status.................and unquantifiable loss....................This will be decided very soon and ........I advise you to wait to see what damages I am awarded for damage to my credit status only as confirmed must be assessed by our appeal court order.

Again just my opinion base on my own personal experience of this particular issue........they are not many people who have that particular issue.

I hope it helps you a little more.......wait and see and then decide if to take action or not ....spend they time preparing very carefully in the meantime.
I will say no more for reasons I will not be drawn into saying.
But I do wish you luck in your own wisdom.

Sparkie

Thanks Sparkie,

Nice to share your experience with me. I will monitor to see the out come of you case then decide which way to go.
I will update the forum as and when there is one.

Thanks