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Strich

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  • Strich

    Having just won court case against Lowell portfolio where they wrongfully placed a default notice against my credit file they immediately removed it causing my credit score to go back to 999 of 999 which is where it was before the default was put on. It has taken 3 years to win my case, I found out about the default approx 3 years ago when applying for a mortgage I was told due to this I could only get a sub prime mortgage it would cost £1650 per month which I took and have paid for the last 3 years over this period I have tried to get a cheaper Motgage to no avail being told losers have to get sub prime, last week when I won my case and my credit score was readjusted my same mortgage has been offered to me for £468.00 can I sue for my loses.
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  • #2
    Re: Strich

    I have just joined the forum does this mean I cannot receive replies from my questions

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    • #3
      Re: Strich

      Hi strich and welcome, no it doesn't mean that at all people will answer when they think they are qualified to do so

      Comment


      • #4
        Re: Strich

        Who are you looking to sue for your losses? If you are looking to sue Lowell, I am not so sure you will be able to since you should have claimed losses for breach of data protection (for wrongfully putting the default on your credit file) and any other losses resulting in the default being placed.

        I would suspect if you brought a second claim against Lowell they may validly raise the point that you should have brought those arguments under the claim to remove the default. On the flip side, you could argue that a claim for losses was not possible at the time because at the time you could not quantify those losses. Now that as a result of your credit rating going back up following the removal of the default your mortgage has been readjusted and you are now able to quantify those losses.

        There's an argument to both sides and really it would be up to a court to determine if it is considered an abuse of process (because you didn't raise the issue at the previous trial when you could have and is largely based on the same cause of action e.g. the wrongful recording of the default) and so the claim should be struck out or, the claim can proceed on the basis of what I said above and the court will allow you to plead your claim.

        Your claim would likely be based on the fact that because of the default applied by Lowell which a court has found out to have been applied unlawfully, you were forced to take out a mortgage at a much higher cost. Before you issue any claim, you should write a letter before action to Lowell (if that is who you are claiming against) and set out why they owe you the money and give them a time period, usually 14 days to comply. If they fail to do so then that is when you may look to issue a claim.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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        • #5
          Re: Strich

          Originally posted by Strich View Post
          Having just won court case against Lowell portfolio where they wrongfully placed a default notice against my credit file they immediately removed it causing my credit score to go back to 999 of 999 which is where it was before the default was put on. It has taken 3 years to win my case, I found out about the default approx 3 years ago when applying for a mortgage I was told due to this I could only get a sub prime mortgage it would cost £1650 per month which I took and have paid for the last 3 years over this period I have tried to get a cheaper Motgage to no avail being told losers have to get sub prime, last week when I won my case and my credit score was readjusted my same mortgage has been offered to me for £468.00 can I sue for my loses.
          Why don't you get a transcript of the Judgment as a starting point.

          In order for anyone to assess whether you can claim damages it would be good to know how the DJ came to his decision.

          In the meantime why did it take three years for this case to come to court?

          Di

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