We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Sutton's default removal letters
Options
Comments
-
Just as an aside, I dont think CPR 31.16 is much use to me given that Abbey have already admitted they dont hold a copy of the Default Notice. Is that right?
CPR 31.16 is only usually used when trying to establish the existence of certain documents. I think
Yes it is, as I told you in my first post. But of course it is relevant! If you take action using CCA and then at trial they produce the Default Agreement from 'file' or 'microfische' then you lose the case and the judge can (and will) issue a CCJ to you there and then.
Using CPR 31.16 means that you're demanding producting 'legally' and therefore when they cannot produce it, judgement is yours in which case they must remove the default as you have judgement to that effect (i.e. the judge will award removal if they cannot provide it)....
As i've said on numerous occasions, I think you're heading for a fall if you carry on with this as you're not quite grasping the legalities. Trust me when I tell you that legal action is the LAST resort.
You still have 4 other options plus 3 follow-ups before legal action and if you've jumped the gun they will laugh at you and disregard your letters - you need to be factually 100% correct in everything you write.
See my last response for an idea of how you talk to them - you have to be firm and accurate and don't mix laws up lol....
Just hold fire for their reply after you respond to the point raised..... :beer:
and calm down!
2010 - year of the troll
Niddy - Over & Out :wave:
0 -
ok, fair enough....i am caaaaaaaaaaaaaaaaaaaalm!
I am defo stopping court action, I've written the CPR 31.16 request and will send it to Abbey tomorrow. Sorry for all the questions, the CPR info took me by surprise and I was at a loss. I'm gonna go do some work now and stop hogging the forum.
cheers0 -
ok, fair enough....i am caaaaaaaaaaaaaaaaaaaalm!
I am defo stopping court action, I've written the CPR 31.16 request and will send it to Abbey tomorrow. Sorry for all the questions, the CPR info took me by surprise and I was at a loss. I'm gonna go do some work now and stop hogging the forum.
cheers
Glad you're calm haha
what cpr info are you sending to abbey mate? you're starting to confuse me..... CPR is legal action, you have to issue NOC outlining the details - the lot!
I am saying this is all threats at the moment....... maybe i'll take a back seat and leave you to go for it.
CPR31.16 is a very serious claim and should not be taken lightly...... 2010 - year of the troll
Niddy - Over & Out :wave:
0 -
never-in-doubt wrote: »Glad you're calm haha
what cpr info are you sending to abbey mate? you're starting to confuse me..... CPR is legal action, you have to issue NOC outlining the details - the lot!
I am saying this is all threats at the moment....... maybe i'll take a back seat and leave you to go for it.
CPR31.16 is a very serious claim and should not be taken lightly......
Yeah, that wasn't very clear was it. It's not a court action, but a letter intended for Abbey requesting the documents and quoting the CPR "this is pursuant to CPR etc..."
However, I'm holding fire until i get a response from Experian and I've done my homework more fully. I am rushing a bit and getting in a muddle, as you can guess!
I only need to go down that road if I intend to take court action again, which I dont for now.0 -
Hi mate
Exactly. Just remember that Abbey are the Data Contollers and CRA's are the Data Processors and you are the Data Subject.
Check the response that I done in red to make sure I have listed them right as I sometimes call the processor the controller (habit)...... i'll go in now and amend them but you do need to send a reply using the red quotes I made (copy the whole thing and ping it back to the CRA with the letters from Abbey as back up).
Good luck! - keep us updated and forget legal action for now! 2010 - year of the troll
Niddy - Over & Out :wave:
0 -
good man, cheers
have a great weekend0 -
Hi everyone, having read through your entire post; which is fantastic, i really need to tap into some of your wisdom! (Hope you dont mind!)
The jist of it is; I have just checked my partners credit file and oh dear... basically about 6/7 years ago my partner had an account with Lloyds, being young and stupid he had a few charges in there for about £150 that he ignored, Lloyds eventually contacted him, saying they had closed the account and wanted no more to do with him, no mention of repayment etc...
About 3/4 years ago he tried to open an account with barclays and they refused him, a manager at barclays (a friend of ours) advised him that Lloyds had defaluted him and advised him to pay the outstanding debt, which he did, but he does not remember who he paid this to (not so young, definetly still stupid!!)
Well i recently got hold of his credit file and he has two defaults for this debt; First is courtesy of Aktiv-Kapital - issued in June 2004 - described as Settled. Lloyds promptly followed suit the following month July 2004 -described as Unsettled, hmmmm??!!
Firstly can you have two defualts like this for the same debt?
Can Lloyds do this - assuming they must have passed the debt to Aktiv Kapital?
I doubt very much these can be removed, obviously this would be helpful, but if i could get it down to one, it would be a bit better, really hope this makes sense, many thanks in advance.
Plum.0 -
Hi everyone, having read through your entire post; which is fantastic, i really need to tap into some of your wisdom! (Hope you dont mind!)
The jist of it is; I have just checked my partners credit file and oh dear... basically about 6/7 years ago my partner had an account with Lloyds, being young and stupid he had a few charges in there for about £150 that he ignored, Lloyds eventually contacted him, saying they had closed the account and wanted no more to do with him, no mention of repayment etc...
About 3/4 years ago he tried to open an account with barclays and they refused him, a manager at barclays (a friend of ours) advised him that Lloyds had defaluted him and advised him to pay the outstanding debt, which he did, but he does not remember who he paid this to (not so young, definetly still stupid!!)
Well i recently got hold of his credit file and he has two defaults for this debt; First is courtesy of Aktiv-Kapital - issued in June 2004 - described as Settled. Lloyds promptly followed suit the following month July 2004 -described as Unsettled, hmmmm??!!
Firstly can you have two defualts like this for the same debt?
Can Lloyds do this - assuming they must have passed the debt to Aktiv Kapital?
I doubt very much these can be removed, obviously this would be helpful, but if i could get it down to one, it would be a bit better, really hope this makes sense, many thanks in advance.
Plum.
Hiya
Nope only one default and they will remove them if you send the right stuff through to them (i.e. the right threat!) - if you can wait til tomorrow night (Sunday) i'll be here and will do you a letter to send over which kick them into gear but will need you to be online so I can gather the info required.....
Offer is there if you want it - i'll be here from 7pm
2010 - year of the troll
Niddy - Over & Out :wave:
0 -
nid i ve pm you0
-
Hi never-in-doubt, thank you that would be an enormous help, i will get my self on here for 7pm.
Thanks again. Plum.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 598.9K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards