Sutton's default removal letters

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  • jon_boy75
    jon_boy75 Posts: 364 Forumite
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    send the letter on this thread (go back a couple of pages) and look for the account in dispute & s.10 letter. Failing that, have a read here: http://forums.moneysavingexpert.com/showthread.html?p=20459909#post20459909 and send this letter: #32

    hey, cheers NID, once again

    I thought i was losing track of the process there, so just needed clarification! Still no reply from Abbey. Surely it would be simpler for them just to correct their mistakes, without going through this ordeal? It doesnt make any sense to me, aside from the fact they are co-dependent on the CRAs for the credibility of their data.

    Interestingly, I spoke with someone at Experian and asked what they did to verify the data provided by the banks...to which they replied, "given the volume of info coming from the banks, they take it in good faith". I then asked them why they couldnt take it in 'good faith' from me that it was incorrect. He totally agreed with me. Guilty until proven innocent...that's the way it is.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    jon_boy75 wrote: »
    hey, cheers NID, once again

    I thought i was losing track of the process there, so just needed clarification! Still no reply from Abbey. Surely it would be simpler for them just to correct their mistakes, without going through this ordeal? It doesnt make any sense to me, aside from the fact they are co-dependent on the CRAs for the credibility of their data.

    Interestingly, I spoke with someone at Experian and asked what they did to verify the data provided by the banks...to which they replied, "given the volume of info coming from the banks, they take it in good faith". I then asked them why they couldnt take it in 'good faith' from me that it was incorrect. He totally agreed with me. Guilty until proven innocent...that's the way it is.

    Mate the CRA's don't know their ars from their elbow - of course they take it in faith but when we query data they say they don't own it so cant change it. My argument then boils down to if you are the data processor then you must change it - not the supplier, they then get confused and usually say 'uh'?

    LOL

    What have you sent shabbey and why have you sent whatever you did? enlighten me matey....?
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • jon_boy75
    jon_boy75 Posts: 364 Forumite
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    Mate the CRA's don't know their ars from their elbow - of course they take it in faith but when we query data they say they don't own it so cant change it. My argument then boils down to if you are the data processor then you must change it - not the supplier, they then get confused and usually say 'uh'?

    LOL

    What have you sent shabbey and why have you sent whatever you did? enlighten me matey....?
    • In March this year I sent them a nice letter asking them to remove a default from my CallCredit file posted in 2006, as it was false and I never defaulted or received a notice. I only noticed it this year as I was accessing all my files after cleaning up my act many years ago. Also, to check the accuracy of everything. It's scary how often mistakes are made!
    • Their response was to ignore me, but post a default with Experian also for the same closed account!
    • In April I sent them a request, including payment, for all statements and default notices. When I realised the slight gap in my request, I followed this up with a full SAR
    • They responded saying they have the notices, but have failed to send them to me. They havent responded at all to my SAR.
    • 40 days will be up (unless it should be 28) in about 10 days time, after which I will send them a warning that they're in breach of the DP Act.
    • I'm hesitant about going to the ICO as I would rather just go to court. I dont believe they will respond to anything except a court order
    • Plus, I would love to get a mortgage soon after I get married. Not a lot to ask for is it?
    As a footnote, and some historical context as to why Abbey are doing this, I challenged them over bank charges back in 2006, settled out of court for £2,600. I then closed the account after paying off the full balance.

    Sad but true...this is their petty revenge.
  • melissa'smoney
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    :kisses::T3 cheers for Never in Doubt!!:T:kisses:

    You did it!! I got a phone call this afternoon from the head of complaints at British Gas to apologise for what has happened and that it was inexcusable and should never have happened!!! :beer:
    She said the way it has been handled was appauling and is ringing Experian personally to get both default's removed, this can take up to 28 days but it will happen and is sending me written proof.
    She is also sending me a cheque for £40 to compensate the goodwill gesture they never actaually gave me!!

    I just want to say a huge huge thank you and i couldn't have done it without you :T:T:T:T

    Quidco to date = £1224 cashback
  • sammylou100
    sammylou100 Posts: 386 Forumite
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    Hi all, I hope this hasn't already been covered, I read the first 6 pages of the thread then read the last page and got so excited by Melissa's Money & her victory that I didn't make it through the rest of the pages!!

    Basically here is the background - I have a default from HSBC from a student account which amassed hundreds in charges, as I was a student I stopped using the account because of the charges (stupid!). The account was over the overdraft limit for a year or so and just sat there. In Jan 08 I tried to call HSBC to start a payment plan because I knew the problem needed sorting,I had finished uni and started working. HSBC wouldn't take my money as they said I wasn't in a position to make payments. My account was then handed to their debt collection agency and has been defaulted since March last year. During this time I moved and they although I called them THREE times to give them my new address they never kept it and I never got a letter informing me of the default. My letters to HSBC were ignored (unfortunately a year ago I had no idea about MSE otherwise I would have been in a much better position). I now pay the debt collecting agency £20 a month to clear the debt, I still owe around £1100 and I have had most of the charges refunded. In September I started a complaint with the ombudsman to get the default removed, I am now in a queue waiting for the ombudsman's review, this queue is 3 months long.

    Basically I was wondering whether it would be a better idea to just contact HSBC again and ask them to remove the default, but while I am in the process of going through the ombudsman would I be shooting meself in the foot? None of the letters I sent HSBC following the default were official ones like the ones shown in this thread, would it be worth a shot?
  • sammylou100
    sammylou100 Posts: 386 Forumite
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    Just realised I didn't explain why I am going through the ombudsman:

    Basically when they would not accept my payments HSBC told me that so long as I made a payment every 30 days my account would show activity and not default, a month later i discovered the default through CreditExpert. HSBC have admitted to the ombudsman that they gave me false info, it turns out that in order to avoid a default I would have had to clear my debt by 10%. During the course of my review from the ombudsman HSBC have also lied to the ombudsman (they said that one of my payments did not count as it had been made with a HSBC credit card - I don't have one!). It's one big mess!
  • Sammy_Girl
    Sammy_Girl Posts: 3,412 Forumite
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    NID - The 12 days is up tomorrow (Wednesday) for the first CCA request letters that I sent to Egg CC and Egg Loans. Should I wait til next week to send the next letter or should I give them bang on 12 days.

    Many thanks :)
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    :kisses::T3 cheers for Never in Doubt!!:T:kisses:


    There you go, they do listen if you just persevere! Glad they have sorted things for you, that wasn't hard was it - send a letter and watch them squirm lol

    Out of interest was the call from that guy I mentioned to write to or someone else? I thought the name I gave was head of consumer complaints but they change staff daily its hard to keep up lol

    Well done - nice one :T
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
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    Sammy_Girl wrote: »
    NID - The 12 days is up tomorrow (Wednesday) for the first CCA request letters that I sent to Egg CC and Egg Loans. Should I wait til next week to send the next letter or should I give them bang on 12 days.

    Many thanks :)

    Just wait a few more days - always best to be generous with times as a lot actually reply on day 14 (should be 12+2) or slightly after - i'd say always give them an extra few days then send follow up letter for failing to respond.....
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 3 June 2009 at 10:32AM
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    Just realised I didn't explain why I am going through the ombudsman:

    Basically when they would not accept my payments HSBC told me that so long as I made a payment every 30 days my account would show activity and not default, a month later i discovered the default through CreditExpert. HSBC have admitted to the ombudsman that they gave me false info, it turns out that in order to avoid a default I would have had to clear my debt by 10%. During the course of my review from the ombudsman HSBC have also lied to the ombudsman (they said that one of my payments did not count as it had been made with a HSBC credit card - I don't have one!). It's one big mess!

    Can you clarify, are you currently in discussions with the ombudsman? i.e. has HSBC issued a final response and you've now taken the case up with the Ombudsman?
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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