2 x Defaults - outragous - HELP

[fairmorn308]

1)

I had a basic bank account with clydedale bank etc with no debit card or cheque book / no overdraft limit. I missed a few direct debits on the acount back in 2003 which made me go into debt with them which they started to pile on the charges and in total came to around £247. they closed the account due to this etc and then in 2006/07 i claimed back these charges and got them all back in full plus interest.

 

They served me a defualt due to these charges which were unlawful. Now my question is am i right thinking i should beable to get this default removed as the reason i was in debt was due to there unlawful charges?

 

2)

I had a capital one credit card and i ended up not being able to make the payments like above and ended up with a pile of charges etc aswell. They then passed the debt onto LOWELL and they served me a default but capital one were taken to court aswell due to unlawful bank charges and they said were going to keep the outstanding amount that is due to the DCA and pay them and then give me the remaining amount. I declined there cheque and said they cant do that cause they sold the debt etc and i have heard no more from them and i also want to know can i get this Default removed?

 

thank you in advance for your help

[fairmorn308]

anyone know which correct template would suit me best so can get the ball rolling?

[car2403]

Here's some useful links that will get you thinking about how to challenge these; (both of which I feel you can get removed)

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/31515-ccas-overdrafts.html

 

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankrupty-administration/130621-can-you-cca-request.html

[fairmorn308]

1st step is taken and requested the CCA from both of the above and then will make the next step

[TheAnalyst]

1st step is taken and requested the CCA from both of the above and then will make the next step

 

With regards to the bank account I would simply write to the customer relations department stating that obviously had it not been for the unlawful charges applied (and interest added on top) which have since been refunded in full then the account would never have gone into default.

 

Is the default amount equal to or less than the amount that was refunded?

 

RBS were quite reasonable when I was in the same situation and "de-registered" (removed altogether) the account from my credit files the following week.