Sutton's default removal letters

never-in-doubt · 22 May 2009 at 8:04PM

cifpower wrote: »

This is the same account. I rang them last week to set up a payment plan of £10pm to clear the debt and, as a result, they registered a default against me.

Sods.

Why you go and do a silly thing like that then mate? Sometimes it is best not to be so honest, and play the game.

never-in-doubt · 22 May 2009 at 8:07PM

Sammy_Girl wrote: »

Thanks NID - you're very helpful.

I already sent the 2 letters today. I used the first letter - the CCA request. Do you think that's ok? Also, even though I settled the debts via a DCA, both defaults have been registered on my file by Egg - so I sent the letters to Egg. Do I need to involve the DCA as well?

I really don't want the money back - I spent it - no issues there. But if I can prove there's no valid CCA or Default Notice, I really hope that they can knock the records off my file as its killing me getting a half decent remortgage

Incidentally, I check both Equifax and Experian regularly, and the 2 defaults are on the one CRA (Equifax) but not on the other one. So I have one really good report and one really bad lol

Ok, luckily for you Egg will not supply the data, by rights they should refer you to the DCA that you paid (or did you never deal with the DCA?) In fact - who registered the default? Was it Egg or XXX DCA?

Please confirm.

We can't do anything til they respond, when they do WAIT! Don't rush into things or you could end up like cif (sorry mate) whereby they screw you for doing the right thing!

Just PM me when you get a reply and i'll sort your reply for you - this will make them sit up and listen. :beer:

cifpower · 22 May 2009 at 8:08PM

never-in-doubt wrote: »

Why you go and do a silly thing like that then mate? Sometimes it is best not to be so honest, and play the game.

I'm just that kind of person. Sorry.

The direct debit did switch and the charges were incurred - it was all my fault. I just didn't think they would be as quick to slap me with a default though. I could have just ignored their letters.

Sammy_Girl · 22 May 2009 at 8:09PM

never-in-doubt wrote: »

Ok, luckily for you Egg will not supply the data, by rights they should refer you to the DCA that you paid (or did you never deal with the DCA?) In fact - who registered the default? Was it Egg or XXX DCA?

Please confirm.

We can't do anything til they respond, when they do WAIT! Don't rush into things or you could end up like cif (sorry mate) whereby they screw you for doing the right thing!

Just PM me when you get a reply and i'll sort your reply for you - this will make them sit up and listen. :beer:

Both defaults on the CRA reports were registered by Egg - not the DCA. I was making regular monthly payments to the DCA then made 2 lump sums to settle the 2 debts. As far as I recall - the debts weren't sold on to the DCAs as I still had contact from Egg

Thank you

never-in-doubt · 22 May 2009 at 8:17PM

Sammy_Girl wrote: »

Both defaults on the CRA reports were registered by Egg - not the DCA. I was making regular monthly payments to the DCA then made 2 lump sums to settle the 2 debts. As far as I recall - the debts weren't sold on to the DCAs as I still had contact from Egg

Thank you

What on earth do you mean that the debts were never sold to a DCA? If not then what the hell were you doing ever talking to them?

Ok, straight away we're now looking to get the data removed only.

I'd have sent something along the lines of this: Bear it in mind and see where you went wrong, this letter incorporates 3 different clauses of various acts which kinda screw them whatever way you look at it. The basic CCA leaves them provision to say 'sorry, we don't have one'.

Anyway, if they come back to you PM me or send something like this - to Egg - not the DCA. Ignore the DCA from here-on-in.

Remember to send a £1 cheque/postal order.

Hope that helps - good luck!

N-i-D

Letter to send:

Account in dispute

Request for a copy of the Original Credit Agreement under the Consumer Credit Act 1974

Dear Sirs

Re: ACCOUNT NUMBER: XXXXXXX

Further to paying the alleged debt off last year, I have since found out that the agreement may not have been enforceable in the first place. I am more than happy to draw a line under this if you agree to immediately remove all data registered against me with all the credit agencies. I do feel this is a more than reasonable request being I did pay the funds without question and now the account is clear, I feel removal of the adverse/account data is only fair.

If you refuse, then I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77/78 of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (21 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a personal cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

You should also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days, provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond then I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* Any payment previously made should be refunded immediately.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.

Yours faithfully
Sign digitally

Sammy_Girl · 22 May 2009 at 8:25PM

Thanks NID - you're a star :A

TBH, when I dealt with the DCAs it was my pre-MSE days so I was none he wiser really. I always found them to be quite polite and helpful - but now I see thats only because i was making payments

Anyway, the debts have been settled - I've been keeping my file clean for 2 years and really want my hard work to pay off.

I'm really cross that I was so hasty to send off my letters today - I just wanted them off before the bank hol weekend.

Your letter above is very very good. When and if I receive a reply I will let you know - and hopefully we can word a similar letter to the above that works in my favour. The lady at Egg on the phone today was quite snooty when I just asked of they would consider removing it. So I've asked politely on the phone - lets kick their asses now lol

Thank you so much for your help - it really is appreciated :beer:

never-in-doubt · 22 May 2009 at 8:25PM

In case you missed it the above post does demand a refund of premiums paid to dat - this remember is only pertinent should they refuse to remove the data, like I say - its similar to poker and calling bluffs.....

You're kinda saying remove it OR I could do this......

never-in-doubt · 22 May 2009 at 8:27PM

Sammy_Girl wrote: »

Thanks NID - you're a star :A

Thank you so much for your help - it really is appreciated :beer:

Trust me, she won't be so snooty next time! Never ever speak to them, everything must be in writing now as there are deadlines and these are paramount (you want them to miss the deadline as it helps you lol)

Just remember to PM me when you get a reply and post on here.... deal?

I love fighting these scum and will help anyone (as you guessed) cos they think they are beyond the law and tbh, they couldn't be further from the truth. As cif has just proved for us, they are shameless.

Sammy_Girl · 22 May 2009 at 8:35PM

never-in-doubt wrote: »

Trust me, she won't be so snooty next time! Never ever speak to them, everything must be in writing now as there are deadlines and these are paramount (you want them to miss the deadline as it helps you lol)

Just remember to PM me when you get a reply and post on here.... deal?

I love fighting these scum and will help anyone (as you guessed) cos they think they are beyond the law and tbh, they couldn't be further from the truth. As cif has just proved for us, they are shameless.

Deal 100%

So what happened with Cif - what's the story there?

naijapower · 22 May 2009 at 8:37PM

never-in-doubt wrote: »

Beacuse she can't! If she claims back all she has paid because of unenforceability/account in dispute then the data will still remain for 6yrs.

You know how it works don't you? I'll briefly explain:

In order to utilise unenforceability you have to realise that even if you get the debt unenforced the data will remain on your Credit File for 6yrs. This is because the debt still remains legally outstanding but just means no1 can enforce payment, i.e. it sits in limbo for 6yrs then falls off or becomes statute barred whichever happens first.

So in the case where someone doesn't pay for say 3yrs and then they get a default, the data would go 3yrs into the default as Statute Barred occured first.

Regardless of whether the agreement is unenforceable, the debt does remain thus an entry must remain on your credit file.

Now, the exception to the rule is if the account or default was registered incorrectly or the debt was sold on incorrectly (no assignment or errors within the assignment) then you can again have the data removed and the debt made unenforceable.

In Sammy's case, by paying she can argue to get the dosh back but this isn't what she is asking - she needs a clean credit file so i'd be looking to barter with the DCA along the lines of 'i'll not claim unenforceability and demand a refund of monies if you erase the data from the CRA' - the DCA may agree to this as it is better than losing the money and losing in court when they enforce removal.

In Sammy's case the DCA would not refund and remove the data - why would they? They do not have to, therefore she would have to take to court and this is expensive and slow. I suggest she simply looks to bargain and strike a deal for removal of bad data.

Does that help matey?

Okay...i see where you are coming from. Many thanks NID

Sutton's default removal letters

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