Hi, I have not placed a notice of correction. It has been marked as 'satisfied'.
I don't really accept the default because: 1. I had no overdraft on the account and they created the overdraft purely to add the charge, then defaulted it. And 2, I was in the process of disputing the bank charges at that time.
I paid it purely to get the matter resolved as I thought the longer it was on my record the worse it would be. I always felt the charges were unfair and excessive. The entire amount of £325 was purely bank charges.
If they do not offer a defence will it automatically go in my favour?? If they did defend it, and I lost would I be liable for their costs?
So their court costs could be very high? ie. 1000's rather than 100's of pound?
Are they likely to defend? And can they offer a defence in writing?
To elaborate further... the bank actually removed the default as they passed it to a debt collection agency. The agency refuse to remove it as they have been instructed by the bank that it is a fair reflection of the account. So, do I need to be taking the bank to court or the collection agency?
The debt collection agency is the one showing the default but I never defaulted anything with them. They just copied what the bank had placed on there. I wrote to them to get it removed and they informed me they were only leaving it there because the bank told them to. I also wrote to the bank and they said they will not instruct the agency to remove it. So, whilst the default is showing under the 'Lowell' name, the bank seem to be the ones in control of whether it stays or not. So is it still 'Lowell' I should be taking to court?
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