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    • Did you send the note giving them the extension of time? When does the extension expire/date for issue of claim? I see that this thread started on 25 October. I have to say that when it started I thought it was going to be a quick fix and hadn't bargained for virgin's ineptitude which has certainly made it a lot more interesting but I'm hoping that March is going to be the month that it will finally all get sorted out. Surely someone responsible within Virgin has got to start taking a look and understanding the extraordinary mess that they have built for themselves and want to sort it out.  
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    • no go back and read my guide earlier CAREFULLY...
    • Oh ok.   I thought I would need to write some sort of defence when I acknowledge the claim on the mcol website.
    • woe SLOWDOWN>   your defence is weeks away. (day 33) no there are no templates as each claim is unique. however, if you use our search top right. for say claimform card you'll see numerous versions people have adapted based upon our std holding/no paperwork defence , one of which, might well be suitable.   get CCA/CPR requests running monday and get AOS done now on mcol, you've already lost 10 of your 19days to do AOS   then get reading up as i detailed above the more you read here the stronger we become   dx      
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Default Due to Bank Charges


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Defaulted 4 years back on two Nationwide accounts when I was made redundant. I managed to get one of the defaults removed by going to court regarding charges but cases were then stayed and was not able to progress with the second account in time.

 

Are there any avenues that I would be advised to investigate to get the default removed as the defaulted amount almost entirely consisted of bank charges?

 

Any advice would be most appreciated.

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although it is clear that all bank charges are in dispute, they have only been formally in dispute since July 2007.

 

Any bank charges related default placed on the credit reference agency register after July 2007 will have been placed there unlawfully -- in breach of the banking code, in breach of the current account contract, in breach of the information Commissioner's guidelines. Such defaults can immediately be challenged and should be removed completely from the register.

 

Additionally any default for bank charges which have been formally disputed by the customer and which were placed upon the credit reference agency register after the bank charges dispute was commenced, is also unlawful -- for the same reasons -- and can be challenged.

 

You say that you are defaulted four years ago. This was before the beginning of the test case and was also before The Consumer Action Group was started and therefore was before the bank charges revolution. You probably had not disputed bank charges at the time. Unfortunately this would mean that although the charges have subsequently come into dispute, the default would have lawfully been placed upon the register and there is probably very little that you can do about it until the final outcome of the test case.

 

You have done very well getting one of the defaults removed at all. This is quite an extraordinary result. The only thing I can suggest that the moment is that you lodged a notice of dispute on your credit file and also point out to the CRA and also to the bank that as soon as the test case is decided you will be requiring a refund of all charges and the removal of any charges related credit file entries including compensation for any damage that these entries may have caused you.

 

I suppose that your nationwide accounts are closed. If they are still open and you are using them then there may be some other action that I can suggest.

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Thanks for the reply. The account that I received the refund of charges is still open and I am currently using it. The account that has the remaining default has been settled and closed.

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Thanks for the reply. The account that I received the refund of charges is still open and I am currently using it. The account that has the remaining default has been settled and closed.

well it's a shame that it is the other way around. We might have been able to suggest a way forward.

 

Are you paying charges on the open account?

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