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Removing Default Notice
lfrobert2010
Posts: 1 Newbie
Hello all, i have spent hours this afternoon up until now to find out where i stand on removing a default notice. It all seems a bit complicated and i have lost myself in the legalities, but i am confused even more by the ruling made in favour of the banks in the legal case on this matter. Basically here is the background to my situation:
I had a credit card account which was taken over its limit and more by the excessive charges on the account for being over (the vicious cycle). The account was then passed on to a debt collector. Whilst being pursued by the debt collector i decided to challenge the charges. I won the charges back but some time before this i paid the debt collector. The debt collector had issued a default notice on my account during the time they had taken over the account.
What i would like to know is, is it possible for me to get that default notice removed by the debt collector because of the fact my account would never have been passed on if it were not for the charges. Bear in mind they sent me a cheque to refund the charges.
Any direction to resources / template letters / examples would be a great help.
Thanks for taking the time to read this.
Leroy
I had a credit card account which was taken over its limit and more by the excessive charges on the account for being over (the vicious cycle). The account was then passed on to a debt collector. Whilst being pursued by the debt collector i decided to challenge the charges. I won the charges back but some time before this i paid the debt collector. The debt collector had issued a default notice on my account during the time they had taken over the account.
What i would like to know is, is it possible for me to get that default notice removed by the debt collector because of the fact my account would never have been passed on if it were not for the charges. Bear in mind they sent me a cheque to refund the charges.
Any direction to resources / template letters / examples would be a great help.
Thanks for taking the time to read this.
Leroy
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Comments
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If i understand correctly you went over your credit card limit first, that incurred charges that resulted in a default being registered against you because you disputed those charges.
The fact remains that you owed money that you rightfully had borrowed from the bank in the first place - and that was what you were defaulted on.
Unless you can prove that they had unlawfully lent to you, or what put you over the limit that incurred those charges was the banks fault - then you will not get the default removed on the basis of a dispute as what had occurred was an accurate event.
It is always best in Law to first repay what is owed then argue whether an event was right or wrong - as that would have avoided you being defaulted in the first place.Disclaimer - Info about the law is designed to help users safely cope with their own legal needs. But legal info is not the same as legal advice -- the application of law to an individual's specific circumstances. Although I go to great lengths to make sure my info is accurate and useful - please seek the advise of a lawyer before you act..
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