Sutton's default removal letters

See answers to your points in red:

angelcakes wrote: »

Hello all, just found this thread and slowly readingthrough it, I have some defaults on my file 2 are with the same company RBOS current account closed november 2004 - presumely will fall off next year.

Correct - they will fall off 6yrs from the date of default. If not, write to the CRA's telling them it is their duty to remove them, not that of the DCA/Lender.

angelcakes wrote: »

The other a loan which is p/s but is still showig on file from sept 2002 any idea when this will fall off?? This was a joint loan and it does not show anymore on the other persons credit file.

This will fall off 6yrs from last payment, or default/settled date whichever is sooner. If you last paid in 2002 then it will drop off in sept 2009 (6yrs) - if they refuse to remove then it'd be statute barred, under appeal thus s.10 would kick in meaning they remove data whilst in appeal. win win situation.

angelcakes wrote: »

I finished paying a credit card default to hillesden securities in Jan 2007 it is showing as satisifed but should I persue the removal of default now.

Maybe this will prove to be a thorn in your side - bottom line they do not have to remove them, you should have negotiated removal at the time you agreed to pay the debt. Personally, i'd send a CCA request and request proof of default and assignment, see if you can get it sorted via unenforceability. However, the data may remain for 6yrs. If settled default it won;t be as bad, but still bad enough to affect you for 6yrs from default date or last payment date (whichever occurred sooner)

Hope this helps.......:D

melissa'smoney wrote: »

*breathes sigh of relief*
thank you very very much! It's appreciated xxx

Hiya

As your problem lies with utilities, I'm not going to lie to you - I'm not going to be much use I'm afraid as utility companies do not conform to the Consumer Credit Act which is the area I am familiar with.

That said, I do feel you have grounds for appeal and could help you with that - moreso as the DCA and/or BG still had to issue you a default notice, the debt should have been properly assigned and you should have received a default notice and confirmation from BG/DCA that they were planning on defaulting you. They can't just decide one day 'i'll defult these accounts' - lol, it just doesn't happen - there are strict processes in place.

Can you help me with the following then i'll be back later:

- Who issued the default? (BG/DCA - please name the DCA)
- When did you last pay
- Did you get a copy of default notice?
- Were you warned your account was in default?
- Did you move from the address that the debt refers to?
- If yes to above, was that after or before the default date?

Come back to me and i'll sort you with something to send over, should be enough to raise some eyebrows but won't be guaranteed as utilities do not work the same, although we can use certain DPA rules such as processing of data / account in dispute etc so we can kick them into gear which is a start I guess.....

melissa'smoney wrote: »

Just been reading the CAG pages and came across details for Ian White & Privacy Unit, Uxbridge to send default letters to...is this still applicable? I can't seem to find any letters specific to utilities, they all seem to be bank related.

I just read above "negotiating removal of the debt at payment" however i didn't know i had a default!?

Never in doubt - you said in reply to my post BG can't do that, can you explain that further for me please and do i have a chance of removing them?

**wanted to add, both are paid in full defaults, the £50 is showing as satisfied and the £24, even though it's been paid for several months is still showing as active

xx

Ian White - now there's a name I have heard of.... a few years ago I remember reading about him.... around the turn of 2008 if I remember....

See above post for clarification as to what I meant by 'they can't do that'..... its explained above.....

never-in-doubt wrote: »

Egg will not have the CCA. Just be patient, you will not have problems from Egg for too long

Oooh, I hope so. I took out the credit card first in 2002 and then in about 2004 I remember they called me up and offered me a loan to pay off the outstanding debt - im sure I didn't sign a CCA. So Im hoping that they dont have the relevant paperwork.

I really truly don't want the money back as I settled the debt and it's all behind me - I just want rid of the defaults

Thanks NID

Sammy_Girl wrote: »

To be honest, I haven't read through the whole thread

Considering the thread was started for Sutton - what happened with his defaults? Did he get them removed? I've been off the CC boards for too long - so no gossip!!!!

I'm getting the itchy apply button again tho lol

LOL, sutton hasn't come back to me yet! I put him on hold and he is still waiting - good job i'm not an 0870 isn't it LOL