kpohraror v woolwich building society

[Toobbloke]

Is anyone familiar with this case? I'm looking to see if I can issue a claim (or counter-claim, depending on if the DCA jumps) using this.

 

Is it only dishonoured cheques that would qualify, or would damage to financial reputation through application of duplicate defaults work?

 

It's possible that it's a non-starter, but worth a look!

 

Cheers

 

TB

[surfaceagentx20]

Have a look at the case of Durkin v DSG, a 2008 Scottish case and in which damages for wrongful impugnment of a man's credit reputation was awarded without proof of actual financial loss. Kpohraror was mentioned in Durkin you will notice.

 

Clearly before an award will be made, it will be necessary for you to show that the Defendant's activity complained of was in breach of contract or duty and consequently wrongful.

 

x20

[Toobbloke]

Thanks for that x20.

 

The situation is that there is a valid default (which would clearly affect my rating), but this has been duplicated and therefore would make the situation considerably worse.

 

They've been asked on several occasions to remove the duplicate, but failed to do so.

 

Any thoughts?

 

Thanks

 

TB

[Toobbloke]

Bump

[surfaceagentx20]

Why do you think it would make things worse?

 

x20

[Toobbloke]

Why do you think it would make things worse?

 

x20

 

 

Would two defaults not affect my credit rating more than one?

[rory32]

When were the two defaults issued?

[Toobbloke]

They were issued on the same day in November last year. One has been continually updated (as they're adding interest despite it being in dispute), the other is lying dormant.

[tendogs]

subbing

[rory32]

I can see how the second default if entered a considerable time (years) after the first would effect your credit rating but if they were issued on the same day then it's difficult to see how this woud effect your credit rating in any way.

[Toobbloke]

Well, I am suitably educated! I confess to not really understanding how the credit reference agencies do this stuff.

 

I would have thought that if you had, for example, a default for £10,000, that would be bad, but to have two totalling £20,000 would have a greater detrimental impact on the scoring system. I didn't realise that the timing would make this effectively a moot point.

 

Thanks for pointing that out.

 

Cheers

 

TB

[Toobbloke]

Just as a brief update on this, and in response to my complaint, the CRA has stated that it is possible that it would affect my rating. So they may be wrong, but I am suitably confused now!

 

Any comments?

[BRIGADIER2JCS]

Has one default the name of the OC and the other the

name of a DCA/Debt Purchaser.

Any default/late or missed payment affects the ''mythical''

3 figure credit score which is meant as a day to day guide

for the data subject, few of the major credit organisations

rely on the rating as such, but do check on defaults,late &

missed payments, account management, public info CCJs,

electoral register, Cifas and GAIN markers, they all have

unique inhouse systems that they use to reach credit decisions.