MadPriest -v- TheBank - Default removal

[madpriest]

Hi Everyone.

 

I'm starting an action against TheBank for removal of a default notice and

need some advice etc.

 

Here's a little history.

 

1. I don't want to name the bank because I know that they

watch these forums.

 

2. Current account with OD facilities opened in March 1995.

 

3. Usual application by TheBank of OD charges, returned cheque charges

etc etc. Total was over £600. Period covered on these charges

was from August 2000 to July 2003. (I couldn't get any earlier information out of them)

 

4. In August 2003 they placed a DEFAULT on my file for just over £400. Seems to me that these were the unlawful charges

 

5. In Feb 2007 I issued a County Court claim against TheBank for the £600 plus compound interest at 17.8% plus court costs. They decided to 'defend' but the day before, I received a cheque for the total amount.

 

6. I didn't think about the DEFAULT until last year when I was

turned down for credit and credit cards.

 

So thats the history.

 

This is how I think I will proceed and I need some advice and comments.

 

a. I have initially sent a polite letter by Recorded Del to TheBank

requesting that they remove it.

 

b. I have read that I can request copies of the CCA + Default notice and if they don't arrive, can proceed against them on the basis that the agreement doesn't exist. However, others have suggested that current accounts are not regulated in this way.

 

c. It seems to me that if the above is true, then a Section 10 DPA would be the better approach.

 

d. Having said all this it appears that the Default is untrue as they have already paid money back.

 

e. I believe that I have suffered loss because i had to pay more for my loan recently.

 

f. I also think that my reputation has suffered as a result. Now I say a court case

SomeRussianname -v- Woolwich I think... anyone have a link??

 

g. Also I think there was a Scottish Judgment that gave around £8000 for this kind of thing.

 

 

All Advice gratefully received and blessings surely given.

 

 

yours

madpriest..

[Guest Old_andrew2018]

bump

[lookinforinfo]

Kpohraror V Woolwich

[Michael Browne]

Kpohraror -v- Woolwich Building Society [1996] 4 All ER 119 1996

 

Evans LJ Contract,

Damages

Casemap

1 Citers

 

The bank in breach of contract was held liable for injury to the customer's business reputation because it knew that he was a trader, but not for further business opportunities alleged to have been lost by reason of circumstances of which the bank was unaware on the basis of the limited facts known to it. Evans LJ : "I would prefer to hold that the starting point for any application of Hadley -v Baxendale is the extent of the shared knowledge of both parties when the contract was made .... . When that is established, it may often be the case that the first and the second parts of the rule overlap, or at least that it is unnecessary to draw a clear line of demarcation between them. This seems to me to be consistent with the commonsense approach suggested by Scarman LJ in H. Parsons (Livestock) Limited -v- Uttley Ingham & Co. Limited [1978] QB 791 at 813, and to be applicable here."