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View Full Version : Denfend your lawsuit claim for visa debts in canada?


PETER_YUE
Mar 14, 2011, 03:32 PM
I am being sued by VISA for $5,000 outstanding balance. They terminated my VISA account not because it was not at good standing, but because they sent me a notice with any signatures in February, 2009 that they would terminbat our banking realationship with my banking accounting, personal-line-of credit and VISA effective May 22, 2009. They can't prove that I have done anythings wrong leading it to their decision but can ONLY based on one reason that they just don't want to do my business.
Before that, in November 2008, I terminated my VISA with full payments through my lawyer in order to fulfill one of the conditions of my mortgage lender to approve my mortgage. They didn't terminate it but continued to kerp it open.
After May 22, 2009, I continued receiving monthly statements required for monthly payments (which I did made all the required monthly payments) until they stopped sending it until October, 2009 for VISA (they passed it to their lawyer for collections), and until February 22, 2011 for my personal-line-of credit(afer I filed my comlaints against the bank, they sent me a February, 2011 statement for full payments).
My defends are: Our VISA agreement says tghat the borrower can request for termination of his VISA in written by making a full payment of which I did. On the other hand the lender can terminate and request for full payment if the account is not in good standing or for other reasons. First,the bank has breached our Agreement at the befinning keeping my VISA account in opening 2) Their February, 2009 Notice had no signature and their actions to keep on sending me miontghly statements indicate that they have canceleld this Notice 3) Their decision to terminate my VISA is based on their decision to terminate our banking relationship for discrimination reason.

JudyKayTee
Mar 14, 2011, 04:11 PM
You already have an Attorney involved in this, someone who has a far better grasp of the details (and what you are explaining) than "we" do.

If the account was paid in full, why were they sending you notices? What did the notices say?

There doesn't HAVE to be a signature on the letter closing your account. Why do you think there does?

PETER_YUE
Mar 14, 2011, 04:54 PM
My account was paid in full and requested to be terminated in writing in November 2008. They supposed to close it upon my request through my lawyer and not allowing me to do any transactions. I had continued to use it and started owing VISA money again because they didn't carry out their decision on their letter to close it.

In February 2009, they decided to terminate our banking relationship after I complainted to their home branch manager for her wrong behaviour in another matters.

The letter roughly says:

We have decided to terminate oue banking relationship bacuase of your non acceptable activities (note: this is nonsense. I haven't done anythings what they claim besides making a complaint to their home branch Manager about the way they handling things in other matters). This will be effictive On May 19, 2009.

Your banking account will be closed.
Your visa & personal-line-of credit will be closed and must be paid in full.


No signature
----------------------------------------------------------------------------------------------------------

PETER_YUE
Mar 14, 2011, 05:11 PM
Agfvgvg

JudyKayTee
Mar 14, 2011, 05:50 PM
Why did you continue to use the account after you were advised it was closed and after (apparently) you paid it in full? It would appear to me you have no action against them. Paperwork aside I'm surprised you haven't been charged with using an account you KNEW was closed - or supposed to be closed.

I have no idea what your comment to me means (agfvgvg). I presume it's not a compliment.

Fr_Chuck
Mar 14, 2011, 06:03 PM
Yes, you owe the amount, you made the charges, and you owe the charges, If you can prove you did not use the card, and did not get the charges. Your actions of using the card could be viewed as a action to open or reinstate the account, and it was accepted by allowing the charge.

1. you were aware you were making charges to the account
2. your actions showed an intent on your part to use and have credit with them.
3 if you indeed closed the account, and used the card, they could proceed with fraud charges on you for doing so if they had wished. It appears they would have rather allowed the charges.
4. Because you paid the bills as they came in , you agreed to the terms and agreed you had a credit relationship with them.

I see no chance at all of any win, and a settlement prior to court to save court and attorney fees would be the best