Sutton's default removal letters

azza2007 wrote: »

Update on my case - I have just received a letter from Halifax Customer Relations department basically saying they are not going to remove my default and under the Consumer Credit Act 1974 there is no requirement for the bank to provide a signed and certified copy of the original default notice issued under the loan agreement.

The letter also says this is the final response from the Bank in regard to this matter and that I can refer my concerns to the Financial Ombudsman Service.

So is this the next step I should take and contact the Financial Ombudsman ?

Thanks

Aaron

Innocent_Guy wrote: »

Hey guys need some advice.

My friend has recevied a letter from the DCA regarding his Halifax loan. They have advised him that they cannot provide him with the CCA but he must continue to pay or they will default him. He does not have an issue with paying the debt however wants the 5 late payment markers removed. What is his position? He has sent them an s10 but we think that they are not going to comply. Any ideas?

Thanks

never-in-doubt wrote: »

Innocent;

Ok, legally if he is only in arrears then the lender will not remove any data - the 5 late payment markers will not cause too much aggro if the account is still live - they will for the immediate time but after a year then lenders won't take too much notice if everything else is ok with his file.

Personally, the s.10 will be ignored - i'm sure I did say it would be ignored in sub-prime thread as well as in here because they have no legal offering to comply which I also made clear!

Now you have no way to issue a s.10 in the future because it will contradict your position.... bottom line is to follow the procedures set out in post 1 on this thread and read until you get the info you need mate - it is all there (I done most of it so know this for a fact lol)......

So to recap:

1. Get friend to agree repayments in writing and request that as a gesture of goodwill they remove the late payment markers or you'll consider writing the debt off by going bankrupt. This scares most lenders into agreement.

2. When they respond they will likely decline to remove the data - ask again, by letter, stressing that as a condition of any future agreement you strongly suggest they remove any derogatory information from the CRA's - failure to do so will result in non payment.

3. This time they will have to make a final decision and will either agree to remove the data or will decline. If they decline they must inform you that it is their final letter and if you're not happy to speak to the FSA etc.... it's then up to you what you do next.

never-in-doubt wrote: »

Ok, well in the absence of a CCA then you'd send this letter mate: Ive already made it suit his situation so no need to change anything....



Then see what they send back for him and post on here mate. Specific answers to other points below:

* He had a loan with Halifax 2003, didn't pay.
- Are you saying he didn't pay from 2003-2005 then started again? Please clarify did he last pay recently or in 2003?
* Got sold on to DCA ( Not defaulted just shows 5 late / missed payments )
- whats the problem then if no default mate?
* Started making payments in 2005
- when did he last pay?
* DCA / Halifax have no CCA
- see above letter template to send

never-in-doubt wrote: »

Mate - you're missing my question, i'm trying to establish the exact date he last paid! Why did he pay again in 2005 after 2yrs of non payment? Is he mad?

what date did he last pay....

yes, sending that letter means he stops paying - are you suggesting that he has been paying for the last 4 years? The letter though is an account in dispute letter meaning they cannot default him until the account (or dispute) is sorted.