Question

[stereophonicsfan]

Hi all

 

If you use a non existent CCA in your claim for damages due to an unlawful default on you credit files, could the bank argue that because you had other defaults on your record they do not have to pay damages for theirs, as others would have been there anyway?

[GamekeeperToPoacher]

I would like to have helped but unfortunately cannot understand the question.

 

If you are saying that there is more than one default on the record can anyone coming along later get away with it - in my opinion NO but someone more knowledgable should be along soon..

 

GK

[stereophonicsfan]

Sorry, what I meant was I have 2 defaults - one for a loan without a CCA, the other an overdraft (same bank).

 

As I'm sure you know, I can't CCA for the overdraft, so will have to hopefully sort this out another way.

 

However, if I take the bank to court for damages due to the default which should not be on my record due to no CCA, could the bank argue that they don't have to pay damages because it isn't the only default so it can't be proved that theirs is the one causing problems with my creditworthiness as if thiers wasn't there I would still have another one anyway.

 

I intend to fight the other default too, but not at the same time.

Edited August 19, 2009 by stereophonicsfan

[stereophonicsfan]

bump

[stereophonicsfan]

Anyone???