You could phone and ask about the time frame. If they're taking too long, a gentle reminder that they'd have to pay your court costs might gee them along a little... Richard.

Yes, that's what I had understood, so within a month, ideally instantly. I don't bother with ICO. They're a waste of space in my experience. Cheers, Richard.

Hi Dot, I'd start with something more succinct: Dear.... Thank you for your email in response to my complaint. It is noted that you admit liability for failing to process accurate data about me resulting in damage to my creditworthiness. In view of this, and to settle this matter, it is requested that you compensate me with general damages as per the recent Supreme Court ruling in Durkin v DSG & HFC. I look forward to hearing from you within 7 days from the date on this letter. It's your case though... Cheers, Richard.

Hi Dot, Wrongful entries should be sorted within a month but can be done almost instantly, I understand. I think £10K is a starting point but the CRA will probably ask you to jump through some hoops before offering a lower sum. If the lower sum is inadequate a small claim needn't bee too stressfull or time consuming. It should be all sorted within 3 months, say. Keep your letter to the CRA succinct. Consider a chat with your MP to try and help change things. Good luck. Richard.

Hi Dot, It seems there are 2 bodies at fault here. The court and the CRA. (I know Cabot are evil too though). I doubt the error from the court can be addressed with any satisfaction. I'd like to think that the CRA might compensate you though. Having a wrongful default registered against you can be absolutely devastating (It has annihilated my families lifestyle well beyond the original 6 years). We were awarded £8K (based on Kpohraror & King) for damage (utter annihilation - more like) to my creditworthiness. Both Kpohraror & King suffered for a few days. We are facing a lifetime. Think of a number up to £10K (Small Claim limit) that you'd be happy with. Ask the CRA. If they refuse to compensate you adequately, consider a small claim. (ICO and financial ombudsman in my experience waste time/life) If it ends up in court, ensure that you ask for general damages to creditworthiness, to be awarded at the discretion of the court based on my case (Durkin v DSG & HFC) The main difference between your case and mine seems to be that the CRA rather than a creditor has screwed you. If you've been prevented from buying a family home in a rising market (as we have been), PM me. I hope you are managing to contain stress levels. Best wishes. Richard.

Sweet. Crazy that it's still taking so long though. Well done.

Who's your MP? Mine (Frank Doran) is interested to know which others have been approached. Cheers, Richard.

Who's your MP? Mine (Frank Doran) is interested to know which others have been approached.

My MP (Frank Doran) has been "trying" to persuade ministers to do something about the persistent criminal bankers that hold us to ransom with threats of defaults and then annihilate our lifestyles (and worse) when they illegally apply them. He says he's been "brushed off". I'm due to see him again on October 17th. Let me know which other MPs have been approached on this matter. I'll encourage him to team up to try and get a better response. Cheers, Richard

Hi Folks, My MP is still contemplating raising issues in parliament following the lack of clarity on how victims should deal with bank ransoms and be compensated. I was asked if other MPs have been approached to help fashion a solution to counter the criminal bankers that continue to terrorise our society. Let me know in this thread. I'd expect it to be quite a few but it'll be interesting to see if it's a majority or not. Cheers, Richard.

Hi, The letter amounts to extortion. I'd take it to the police for them to deal with. Good Luck. Richard.

Happy to hear that. Hopefully things will gather pace. Good luck. Richard.

I meant desist from referring to it, of course. It's too complicated, as has been proven. Durkin managed adequately and relatively simply without it. Post 53 is helpful. Cheers, Richard.

Yes. General Damages. Ditch all references to the DPA. Richard.

Sorted?

Hi, It seems a fairly standard defence. Nothing too much to worry about. Lawyers are lawyers. They hide behind waffle. Best not to feed them. I can't help you with the DPA. I'd have avoided that. Too complicated. Try altering your claim to general damages for the negligent misrepresentations that were the defaults. No proof required for that. Much easier. You just need to say the credit accounts weren't yours, which you've done. They then need to prove that they are yours, otherwise they are liable. It sounds like they may struggle with that! If you do decide to proceed, don't insist on £1000. Ask the court to determine the level of damages as per my case. (Durkin v HFC) You might be surprised how much you'll get! (Unless they settle). Have fun. Don't let this stress you out. There's a recent Supreme Court ruling backing you all the way. If, at any point, you do feel stressed (that will be their primary tactic now that they've lodged a defence), they'll probably be happy for both sides to walk away as it'll cost them less. Stress definitely isn't worth it but I guess you're already well aware of that. Consider a twitter rant too... Good Luck. Richard.

Yes, there's been some confusion about this. I couldn't prove loss either (I did actually but it's a long story) and I was still awarded general damages for the negligent misrepresentation. Cheers, Richard

Yes, that's what I'd do too. Getting the defaults removed is great. You can use the small claims court to get general damages as per my case. It shouldn't be too stressfull and might net you enough for a few extra accessories for your new home. It seems you've already put a claim in for £1000? I can't see what'll stop them paying up. If not, just ask the small claims court for general damages to be awarded at their discretion as per my case. The wrongful default is a negligent misrepresentation. Don't bother with the DPA. It's been written for lawyers, not consumers. They should settle but if they don't the case has been ratified by the Supreme Court which binds all UK courts. They'll struggle to wriggle out of that. Well done for standing up to the criminals. There are plenty of bad guys here in the UK, you'll have noticed. You should also report them to the police for fraud and extortion. It's about time folk were jailed for all this terrorism! Do what you think is right, I suppose. Good luck whichever way you go. It shouldn't take long to finish now. Richard.

I'd try asking your bank to sort it out directly with Cap 1. Show them the e-mail from Cap 1 in person. Good luck.

What took them so long? I'm glad they finally "found their morals"!

I was speaking on behalf of my legal team of course. Yes, frustratingly, there may be a few judges that may still try and take on the Supreme Court, particularly Scottish ones. It must be becoming, rapidly, judicial knowledge, that a wrongful default will annihilate your credit rating. By havings ones credit rating annihilated, one has suffered damage, often unknowingly, until it's too late! In the cases where a creditor knowingly persists with registering a wrongful default, that in itself is defamation worthy of general damages, even if there are already other defaults. I look forward to an end to this malarkey. Wrongful defaults are wrongful and the perpetrators well know it. Less than £100 in small claims that will be refunded isn't costly. Cheers, Richard

The general consensus is that ANY wrongful default can expect to be removed pronto now. If not, an easy claim for general damages can be made. Good luck. Richard.

There are laws, I believe, that protect perpetrators from having to pay all the costs. There could be masses to lose in legal costs outside the small claims court, even if you win, as I'm about to find out. Yes I agree that as much bad publicity for the perpetrators as possible is good. It won't affect your case. Get stuck in on Twitter too. HSBC are getting a fair bit of flak As is parliament. It's great. I understand HFC have had so much, it seems they've effectively stopped lending under the name and are now HSBC. One to avoid. A bit like Norwich Union becoming a part of Aviva. Masssive HSBC fraud about to be unveiled.. Cheers, Richard.

Agreed. However, to avoid stress you should confine things to small claims ( £8K was awarded to me for mere injury to credit without the need to prove specific loss. It was based on folk that had been screwed in a similarway for a few days, as opposed to a few decades. If you're happy with £8K ask for it based on my case. It's binding on all UK courts. Cheers, Richard.

A civil court probably wouldn't be interested in something more than 6 years old. A criminal court possibly would. You're at the peak of your life. Don't let this stress you out any longer. This credit card account should be removed. Ask for £8K in damages (Hope that's enough) That's probably your main problem. You need to find a human side to HSBC! Good luck with that! Richard