Question about a default

[Neo]

Wondering if anyone can help.

 

I have read the all the FAQs and there is so much info there it is untrue. Anyway I have sent off my DPA requests.

 

With one bank, I had a loan, current account and credit card. All three went to a Debt Collection Agency and I was defaulted. The Debt Collection Agency was paid off.

 

Could the bank goto court with me and argue that it actually cost them the £4500 to action all this or would that not be a feasible argument as they didn't actually know I would be defaulted? I understand that they "sell" debts onto a collection agencys at a lower cost...?

 

Any views would be appreciated.

 

Thanks

[jonni2bad]

If you are not asking for a refund of charges that were made for dealing with your default, then I see no reason why they could argue the case.

 

I know with my own default experience that there was never any record of charges or costs associated with it.

 

If you consider that the reason they issued the default notice was effectively because they had charged you so much, illegally, that you finally ended up unable to repay them, then you should seriously consider including the removal of the default from your credit file as part of your claim.

 

They are 'more likely' to defend this type of claim than a claim just for a monetary refund, since it has possible further implications.. i.e. that having won, you might make a claim for damages caused by the wrongful default

[Neo]

This topic was closed on 03/07/19.

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