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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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About 5 years ago soon after being released from jail I was

Customer Question

About 5 years ago soon after being released from jail I was working 20 hours a week approximately doing labouring jobs, I clearly would never have been accepted if I had of applied for a credit card nor would I have bothered applying for one, but the bank
mistakenly sent me one with a 6k limit, my finances starting improving over the following years and I regularly used the card for around 3 years, my limit was raised to 13k. Then the bank done the wrong thing by me in an unrelated matter so I now refuse to
pay the now 13k credit card bill sighting negligence on the banks behalf for sending it to me in the first place. Do I have to pay? if not how do I stop it affecting my credit rating etc? I have bought this to the banks attention and since then only get computerised
phone calls asking for the money, but nothing in writing.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
In order for the bank to increase the limit you would have had to agree to the increase and also confirm that you could afford to pay the increased amount. Did this happen?
I am sorry but you do have to pay, you used the card and by doing so you agree to the terms and conditions.
You cannot stop it affecting your credit rating. How much do you owe and what can you afford to pay back?
Customer: replied 1 year ago.
yes I probably did, but they also offered it to me, do I not have an argument that they where negligent in the first place?
Expert:  Leon replied 1 year ago.
Good Morning
You can take this to the Ombudsman and see what he says but the negligence argument is going to be a costly one and I do not believe you will be successful.
You would have to show they they were aware of something that would have made them not issue the card but they deliberalty ignored that evidence and issued it.
This is the problem.