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Sutton's default removal letters
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Innocent_Guy wrote: »Yeah CCA request, failed to supply, sent s10 request
Did they just not send it or did they write and say we do not have it? Major difference matey
2010 - year of the troll
Niddy - Over & Out :wave:
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They wrote and said they dont have itnever-in-doubt wrote: »Did they just not send it or did they write and say we do not have it? Major difference mateyBank Accounts - Barlcays Premier[/B] - £1000 o/d, HSBC - £200 o/d- First Direct - £500
Credit Cards - Barclaycard £2000 - Silver Card £1300 - Flybe £7500 - HSBC £1000 - First Direct £2500 First Direct Gold £3000
6 credit accounts closed in 2010!
Official SOS Club number 001 - Dry until 01.07.100 -
Innocent_Guy wrote: »They wrote and said they dont have it
Ok mate so this should follow: Note the last paragraph.....
Account in dispute
Dear Sirs
ACCOUNT NUMBER: XXXXXXX
I refer to my letter dated XXXXXX in which I made a formal request under the Consumer Credit Act 1974 sec 77-79 for true copies of the regulated agreement refered to in the above account number. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this account.
To date you have failed to comply with my statutory request and have defaulted in respect of this account. This means that under the CCA you have now committed an offence punishable upon conviction, by a fine, or imprisonment.
Additionally this alleged agreement is both unenforceable and unlawful until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.
Consequently I am ceasing all payments to your company until such time as this matter is resolved. It is also my intention to report this matter to the appropriate enforcement authority unless you hereby agree to remove all data from all credit reference agencies at your earliest convenience. This would, as matter of fact, also be the cheapest option for you as I will be seeking a mandatory compensation claim along with any associated court costs should you fail to recognise you are in breach of the Consumer Credit Act and have no legal entitlement to chase me for this alleged debt which cannot be proven exists, let alone to me.
I await your imminent response.
Yours faithfully, 2010 - year of the troll
Niddy - Over & Out :wave:
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never-in-doubt wrote: »Ok mate so this should follow:
Account in dispute
Yours faithfully,
I will wait and see what they come back with and let you know!Bank Accounts - Barlcays Premier[/B] - £1000 o/d, HSBC - £200 o/d- First Direct - £500
Credit Cards - Barclaycard £2000 - Silver Card £1300 - Flybe £7500 - HSBC £1000 - First Direct £2500 First Direct Gold £3000
6 credit accounts closed in 2010!
Official SOS Club number 001 - Dry until 01.07.100 -
I currently use annual credit report dot co dot uk and my new report shows the following credit accounts:
Welcome Finance: 1st Default June 2007/ Paid March 2008
Although credit report states on this date Status Unknown.
Black Horse Finance: 1st Default December 2006/ Paid March 2008
Although credit report states on this date Status Unknown.
Capital One: 1st Default July 2007/ Paid March 2008.
Satisfied on credit report.
Alliance & Leicester: 1st Default October 2007/ Paid December 2004.
Satisfied on credit report.
Sainsbury’s Bank: 1st Default October 2006. Balance still outstanding.
Am paying reduced amounts but defaults still continue.
Littlewoods catalogue: 1st Default in 2003 so should be statutory barred
but debt has now been taken over by Capquest and they have placed 1st default
On account January 2009. Have written letter to Capquest requesting details.
I also have a mortgage and basic bank account which I have never defaulted and have been reading about trying to get these defaults removed as we are looking to move in the near future.
I understand some of the steps in sending out letters but was was wondering if someone with more knowledge could point me in the right direction.
I am not trying to claim any of these monies back as I borrowed it so was liable for it but am just trying to clear my credit file as quickly as possible.
Thanks
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[FONT=Arial,Arial][FONT=Arial,Arial]never-in-doubt wrote: »Mate, they have to supply a true copy, not a signed and certified copy. there is a major difference....never-in-doubt wrote: »i'll come back to this on sunday of its ok with you, bit busy now but will have time to do your letter sunday!
PM me if you add anything cos i'll be away til then - hope that's ok.... N-i-D.
I realised I shouldn’t have asked for a signed certified copy after I sent the letter to them :eek:
But having read the guidance from the Information Commissioner's Office it states
"We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement."
But the letter they have sent me states the Default was issued on 15th March 2007 - so is this there record that a notice of intention to file a default was sent ?
Also because the Bank sent the letter stating that it was their final response to the matter are they just going to simply not reply to any future correspondents I send them regarding this ?
They sent me a Template of the default, the date it was issued and the amount it was for.
I was confused as I paid £100 to Blair, Oliver and Scott when I received there letter from them saying the account had been referred to them.
This was paid as a cheque sent on 24th May2007 which was agreed with them. But what I don’t understand is then why does the account show as defaulted on 31/07/07 if the default notice was issued on 15th March the template default letter they sent me states
"For your information, we would advise that it is our practice to pass information on defaulting accounts to credit reference agencies where no satisfactory response has been received to a default notice within 28 days of the date of issue"
so 28 days + 15th March 2007 = 12th April 2007.
If they had taken in to account the payement I sent to Blair, Oliver & Scott then wouldent that be classed as a satisfactory response received as I had agreed to make a payement on the account to Blair, Oliver & Scott ?
And would they then have to issue a second default notice if I didn't keep payements or would the suposed first default they sent be used ?
I know it can take a while for them to notify the credit reference agencies but that gives them well over 3 months.
Hope you guys can enlighten me on any of this
Thanks
Aaron
[/FONT][/FONT]MFW 2025 #44 £0/£70000 -
[FONT=Arial,Arial][FONT=Arial,Arial]I realised I shouldn’t have asked for a signed certified copy after I sent the letter to them :eek: [/FONT][/FONT]
[FONT=Arial,Arial][FONT=Arial,Arial]Yes mate - they only have to supply a true copy.
But having read the guidance from the Information Commissioner's Office it states
"We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement."
Ok, you;re on the right track but misinterpreting their term for the word default.
But the letter they have sent me states the Default was issued on 15th March 2007 - so is this there record that a notice of intention to file a default was sent ?
There are two defaults the first is the default with the account which means you are in arrears and the second one is an actual default status which means the CRA is told to report it as defaulted. I think this default (March) is the bank default, i.e. the account is now in default.
Also because the Bank sent the letter stating that it was their final response to the matter are they just going to simply not reply to any future correspondents I send them regarding this ?
No, they will have to communicate if you put the account into dispute with them.
They sent me a Template of the default, the date it was issued and the amount it was for.
Yes, they have to by law. Even though you never got the original a copy is suffice at a later date unfortunately.
I was confused as I paid £100 to Blair, Oliver and Scott when I received there letter from them saying the account had been referred to them.
Who registered the default with the CRA? the creditor or Blair Oliver Scott (BOS)?
This was paid as a cheque sent on 24th May2007 which was agreed with them. But what I don’t understand is then why does the account show as defaulted on 31/07/07 if the default notice was issued on 15th March the template default letter they sent me states
"For your information, we would advise that it is our practice to pass information on defaulting accounts to credit reference agencies where no satisfactory response has been received to a default notice within 28 days of the date of issue"
so 28 days + 15th March 2007 = 12th April 2007.
Its not that straight forward, they can default the account and then place a default whenever they want, even 5yrs later if they like. After 6 they cannot because it is statute barred.
If they had taken in to account the payement I sent to Blair, Oliver & Scott then wouldent that be classed as a satisfactory response received as I had agreed to make a payement on the account to Blair, Oliver & Scott ?
Yes maybe but you'd still have late payment markers showing which would affect you the same length of time as a default so no real difference to be honest. Although after a year some lenders would ignore past payment issues.
And would they then have to issue a second default notice if I didn't keep payements or would the suposed first default they sent be used ?
Only one default can be placed for one debt. I think you'll find they posted one default with the CRA which would be right, but you can check this and see if it tallies with the paperwork they sent you.
Letter to send is here - just tweak it a bit: #187
Have a look at this letter and tweak it to suit, you need to remove the top couple of paragraphs that were specific to that MSE person and change this with your own version of events - stick to facts and no more than 2 paragraphs really! You're trying to get a copy of your CCA from the lender and see what they say.
[/FONT][/FONT] 2010 - year of the troll
Niddy - Over & Out :wave:
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cheqmate06 wrote: »I currently use annual credit report dot co dot uk and my new report shows the following credit accounts:
I am not trying to claim any of these monies back as I borrowed it so was liable for it but am just trying to clear my credit file as quickly as possible.
Thanks
Hiya have a look at this letter and tweak it to suit, you need to remove the top couple of paragraphs that were specific to that MSE person and change this with your own version of events - stick to facts and no more than 2 paragraphs really! You're trying to get a copy of your CCA from the lender and see what they say. Then look to argue if things are wrong.... #187 2010 - year of the troll
Niddy - Over & Out :wave:
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never-in-doubt wrote: »[FONT=Arial,Arial][FONT=Arial,Arial]Yes mate - they only have to supply a true copy.
Ok, you;re on the right track but misinterpreting their term for the word default.
There are two defaults the first is the default with the account which means you are in arrears and the second one is an actual default status which means the CRA is told to report it as defaulted. I think this default (March) is the bank default, i.e. the account is now in default.
No, they will have to communicate if you put the account into dispute with them.
Yes, they have to by law. Even though you never got the original a copy is suffice at a later date unfortunately.
Who registered the default with the CRA? the creditor or Blair Oliver Scott (BOS)?
Its not that straight forward, they can default the account and then place a default whenever they want, even 5yrs later if they like. After 6 they cannot because it is statute barred.
Yes maybe but you'd still have late payment markers showing which would affect you the same length of time as a default so no real difference to be honest. Although after a year some lenders would ignore past payment issues.
Only one default can be placed for one debt. I think you'll find they posted one default with the CRA which would be right, but you can check this and see if it tallies with the paperwork they sent you.
Letter to send is here - just tweak it a bit:
[/FONT][/FONT]
Thanks for your help.
The default was issued by BOS before they sent it to Blair, Oliver and Scott.
I will tweak the letter now and send it out first thing tommorow - recorded delivery - I know they have a habbit of LOSING letters in the post. :rotfl:MFW 2025 #44 £0/£70000 -
Thanks for your help.
The default was issued by BOS before they sent it to Blair, Oliver and Scott.
I will tweak the letter now and send it out first thing tommorow - recorded delivery - I know they have a habbit of LOSING letters in the post. :rotfl:
LOL< yea thats right.
Good luck, see how you get on.... make sure you tidy up your spelling a bit cos there were loads of mistakes (sorry but looks bad when quoting laws and reference to acts etc)..... if anything do the top bit, post here for me to have a mooch over and then send it?
Good luck - keep us updated.
p.s. you will send the letter to the DCA (Blair Oliver) if they registered the default. If HBOS issued default then you send to them. 2010 - year of the troll
Niddy - Over & Out :wave:
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