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Sutton's default removal letters

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  • wwwtom
    wwwtom Posts: 39 Forumite
    never-in-doubt wrote: »
    ABBEY NATIONAL PLC Loan Default Satisfied 01/04/2007 (why this date when you paid 30th Jan 2007?)

    I don't know. Is this something I could query?

    never-in-doubt wrote: »
    ENTRY NUMBER: C2 (this is a second default - what is entry C1 - lol?


    C1 relates to a closed account which is "Satisfied".

    Closed about the same time due to the same issues. Abbey were the only one to default me.

    never-in-doubt wrote: »
    Special Instruction Indicator: Arrangement (am I right to think you agreed repayments of £302 over 3yrs but then fell behind or was this the original loan repayments?)
    Special Instruction Start Date:01/10/2006 (see above)
    Special Instruction End Date:01/12/2006 (see above)

    Yes, there were no other agreements apart from the original payment schedule.
    never-in-doubt wrote: »

    Started:07/10/2005 (loan start date? - please confirm)

    Correct
    never-in-doubt wrote: »
    Defaulted On: 05/01/2007 (so it was defaulted less than a month?)

    Not quite sure what you mean there?
    never-in-doubt wrote: »
    do you remember when you got these warning letters? Was it about 2wks before the default date, i.e. 01/01/07?

    I believe I had one in Oct 06, and one in Nov 06.

    never-in-doubt wrote: »
    Accepted - I guess this is the family help you refer to?

    Correct.
    never-in-doubt wrote: »
    sorry just realised that I sounded rude - apologies :beer:

    No need, I was kidding!

    never-in-doubt wrote: »

    Both PO's were cashed.

    This is wrong and shows that they don't know what they're doing! Did you get exact same copies of stuff with same cover letter just date changed?

    Yes, right down to the skewed logo on the letter head!
    never-in-doubt wrote: »

    Ok, can you confirm what CRA's the defaults are registered with?

    I have only checked my Experian and Equifax.

    Experian clearly shows the default, the above was copied from my latest report (today)

    Equifax does not report any defaults:

    Active Accounts: 4
    Closed Accounts: 6
    Defaults Registered: n/a

    however it does have a delinquent date, and my understanding is that this is the same?

    Would you like me to copy that info as well?

    If you need me to, I'll be checking in tomorrow.

    Going to call it a night now. Thanks for your help NID, good to know there are people out there like you making the world a safer place :)

    Tom
    abbey : default B]balance: £0[/B || Mint B]balance: £0[/B || CapitalOne B]balance: £0[/B
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 4 August 2009 at 1:00AM
    wwwtom wrote: »
    .....

    Tom,

    Thanks for the info - can you confrim then you were paying the loan at the agreed amounts and then stopped paying when? When did you last make a payment?

    Also, from this last payment was that it or did you ever make payments once they'd got in touch? I am asking this cos arrangement suggests that you'd spoke to them and agreed an arrangement to pay!

    Can you confirm is the other account that you called settled actually showing as closed or does it show default/settled? i.e. are the payment indicators all green 0's or any late numbers like 1-8 (8 = default by the way)

    What is the delinquent account? who is it with and is there a debt on it? please explain more...... :confused:

    Have you ever dealt with a DCA or always abbey? i'll do letter for you when I get the data required...... i need to pretend to be you so anything you think I need to know please tell me, such as phone cals or pre arranged agreeements? For instance i'll say you never received a default notice or warning - something that isn't 100% true, so if you've ever admitted this in the past I need to know and i'll omit it! lol
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • scarednshakin
    scarednshakin Posts: 277 Forumite
    NID thanks for that. I will talk to him and see what he wants to do, what a mess!!!! Just out of interest what was BOS letter about? Reading your post again you said ignore letters etc, how would this work with letters re legal action?
    :idea: Had lbm, switched it off too many times. Now am trying to sort my life out :T:T

    :T Proud Supporter of Niddy :T
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    scarednshakin wrote: »
    NID thanks for that. I will talk to him and see what he wants to do, what a mess!!!! Just out of interest what was BOS letter about? Reading your post again you said ignore letters etc, how would this work with letters re legal action?

    See here: http://forums.moneysavingexpert.com/...html?t=1837507

    legal action is a threat that all DCA's use - they have NO power!

    Read the link above, its only one page but very useful........
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • scarednshakin
    scarednshakin Posts: 277 Forumite
    Thanks just finished reading it just now. Will call it a night now. Thanks for all your help you r a star.
    :idea: Had lbm, switched it off too many times. Now am trying to sort my life out :T:T

    :T Proud Supporter of Niddy :T
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    scarednshakin wrote: »
    Thanks just finished reading it just now. Will call it a night now. Thanks for all your help you r a star.

    Let me know tomorrow what you decide. Remember living with no credit for 5yrs is hard to some people but you have no debt to pay either so you start back at basics again!

    Whilst I say thats what i'd do, i'm obviously not condoing you do this :D but if you were to, i'd stand by that decision and assist you with any help you may need at a later date. :beer:

    g'nite.....

    pm me if you need anything else :D
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • wwwtom
    wwwtom Posts: 39 Forumite
    never-in-doubt wrote: »
    Tom,

    Thanks for the info - can you confrim then you were paying the loan at the agreed amounts and then stopped paying when? When did you last make a payment?

    Also, from this last payment was that it or did you ever make payments once they'd got in touch? I am asking this cos arrangement suggests that you'd spoke to them and agreed an arrangement to pay!

    Can you confirm is the other account that you called settled actually showing as closed or does it show default/settled? i.e. are the payment indicators all green 0's or any late numbers like 1-8 (8 = default by the way)

    What is the delinquent account? who is it with and is there a debt on it? please explain more...... :confused:

    Have you ever dealt with a DCA or always abbey? i'll do letter for you when I get the data required...... i need to pretend to be you so anything you think I need to know please tell me, such as phone cals or pre arranged agreeements? For instance i'll say you never received a default notice or warning - something that isn't 100% true, so if you've ever admitted this in the past I need to know and i'll omit it! lol

    I can confirm that I paid on time up until July 06 (when I lost my job)

    I didn't receive any offers to a new payment plan or anything like that, just warnings. I vaugely remember speaking to them on the phone once regarding one missed payment, but I can't confirm that. (Perhaps the SAR will confim any communication?)

    For reference, at the time this all started i had the following:

    HSBC CC - Settled @ £2500 (Limit)
    Status History: 0 4 3 2 1 0 0 0 0 0 0 0

    HSBC OD - Settled @ £250 (limit)
    Status History: 0 2 1 0 0 0 1 0 0 0 0 0

    Goldfish CC (Now Barclay Card)- Settled @ £1000 (Limit)
    Status History: 0 0 0 0 0 0 0 0 0 0 0 0

    Virgin CC (Now MBNA) - Settled @ £5300
    Status History: 0 0 0 0 0 0 0 0 0 0 0 0


    All of the above were settled and closed and are no concern any more (apart from them ever existing!)

    The delinquent account is the Abbey account in question, it shows the same information Experian does apart from it doesn't have "Defaulted Date" it has "Delinquent Date".

    I've never delt with any DCA, none of my debt has ever been passed on to my knowledge.

    This whole "experience", writing letters to abbey, is the first thing I have done, I haven't spoken to anyone until this year, and the steps I have taken are listed in the other post.
    abbey : default B]balance: £0[/B || Mint B]balance: £0[/B || CapitalOne B]balance: £0[/B
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 4 August 2009 at 1:26AM
    wwwtom wrote: »
    I can confirm that I paid on time up until July 06 (when I lost my job)

    I didn't receive any offers to a new payment plan or anything like that, just warnings. I vaugely remember speaking to them on the phone once regarding one missed payment, but I can't confirm that. (Perhaps the SAR will confim any communication?)

    For reference, at the time this all started i had the following:

    HSBC CC - Settled @ £2500 (Limit)
    Status History: 0 4 3 2 1 0 0 0 0 0 0 0

    HSBC OD - Settled @ £250 (limit)
    Status History: 0 2 1 0 0 0 1 0 0 0 0 0

    Goldfish CC (Now Barclay Card)- Settled @ £1000 (Limit)
    Status History: 0 0 0 0 0 0 0 0 0 0 0 0

    Virgin CC (Now MBNA) - Settled @ £5300
    Status History: 0 0 0 0 0 0 0 0 0 0 0 0


    All of the above were settled and closed and are no concern any more (apart from them ever existing!)

    The delinquent account is the Abbey account in question, it shows the same information Experian does apart from it doesn't have "Defaulted Date" it has "Delinquent Date".

    I've never delt with any DCA, none of my debt has ever been passed on to my knowledge.

    This whole "experience", writing letters to abbey, is the first thing I have done, I haven't spoken to anyone until this year, and the steps I have taken are listed in the other post.

    Hiya

    Ok that makes sense. So to date you're awaiting SAR? Thats where you're at right?

    We'll supercede this with another letter, ok? I'll do it later today or tonight (i.e. Tuesday night) and will be here by wednesday morning ok?

    Regards to the HSBC accounts (both of them) the late payments will remain for a while and will affect you getting credit. Just so you know that :D

    Regards to delinquent date, I assume you mean this appears on equifax? Delinquent usually means the same as default, i.e. you failed to meet the terms of the agreement.....

    To clarify this fact, being in default is simply not being up to date with payments (i.e. delinquent), a default notice is a legal statement and will have been sent to you from the creditor. make sense now? lol
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • wwwtom
    wwwtom Posts: 39 Forumite
    edited 4 August 2009 at 1:32AM
    never-in-doubt wrote: »
    Hiya

    Ok that makes sense. So to date you're awaiting SAR? Thats where you're at right?

    We'll supercede this with another letter, ok? I'll do it later today or tonight (i.e. Tuesday night) and will be here by wednesday morning ok?

    Regards to the HSBC accounts (both of them) the late payments will remain for a while and will affect you getting credit. Just so you know that :D

    Regards to delinquent date, I assume you mean this appears on equifax?

    Sounds perfect, I'm awaiting the SAR response so that should be here some time end of this week / next week.

    I understand about the HSBC accounts, however I have recently (March 09) had a new car on HP (needed a new car + rebuild good credit), my plan with this is to pay for 2 years and then pay it off early (I have savings to cover it already)

    Back in 06, when all of this happend, apart from loosing my job, I was a bit care free and decided that not opening the monthly statements would make the problem go away. Now I am alot better at managing my money and seem to be getting better at understanding things like ISA's and Mortgages (oh wait...no scrub that!), paying on time etc.

    I have a Mint Card with £350 limt, £0 balance on it, thats my "emergency card", I also have a Cap1 card with £1600 limit that I use only for petrol, paying off the balance every month 10 days before its due (I get a txt message to make sure of it!!)

    Thanks again for your help, :beer:

    Good night!

    Tom
    abbey : default B]balance: £0[/B || Mint B]balance: £0[/B || CapitalOne B]balance: £0[/B
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 4 August 2009 at 2:14AM
    wwwtom wrote: »
    ABBEY NATIONAL PLC

    Hi Tom,

    I'd be looking to send them the letter below, bear in mind if something doesn't ring 100% true it's in there for a reason so don't worry too much about it ;)

    See what they say when they get this, obviously it is a letter pleading for forgiveness at this stage - the fact I just noticed you actually bank with them affects the way I was going to write to them (I cannot believe you bank with the same company you have a large default with regardless of the fact you paid the debt!).....

    Remember and spell check this letter as I type faster than I can think at times lol, copy and past it into Word then spell check, add the details you need and send it off to Abbey at the address quoted as it will be seen and dealt with by the right people then!
    Do a spell check before you print it as I type too fast for my own good!

    Letter to Send Abbey


    Linda Leslie
    Customer Resolution Manager
    Abbey
    Complaints Department
    PO Box 5129
    Milton Keynes
    MK9 2YN

    Dear Abbey,

    Ref: XXXXXXXX
    After recently obtaining a copy of my credit file from Experian, I was extremely concerned to note that you'd added a default notice against me on 05 January 2007.

    I feel this default entry was not only added unlawfully but also without merit as I agreed to settle in full a few days prior to the actual default date which immediately puts Abbey liable to a breach of Consumer Credit Act 1974, in particular s.87(1) of said Act; I quote the relevant parts for your perusal:
    Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes
    • a statement saying the notice is a default notice served under section 87(1) of the 1974 Act
    • a description of the agreement
    • the name and address of both the debtor and the creditor
    • details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;
    As is clearly evident from all previous communication between us regards to this default, I never received any such notice and as a result I contest the accuracy of the default and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency (CRA).

    I have even gone as far as to issue SAR to Abbey, dated 15 June 2009, which I am hopeful will include a copy of said default notice which if it is missing, will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notice, I cannot argue the authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

    It would, however, be in both our interests if you simply agree to remove the default being that I did actually make full payment of several thousand pounds. Coincidentally, the default date shows as 5th Jan 2007 but I paid the full balance on 30th Jan 2007 so I do feel that leaving the default notice intact only goes to show considerable efforts on your behalf to remain libellous. It should also be noted that the actual settled date is incorrect as it was settled 30th Jan 2007 not 1st April 2007, similarly there was never an arrangement to pay and so this element is also incorrect.

    There are so many inconsistencies with the default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

    I paid the default balance, in full, within a fortnight of the default notice appearing on my file (which I was not aware of until recently, may I add), which clearly would not have been allowed because as CCA(1974) s.87(1) (ss.iv) states that you have to give me notice to pay - I did pay, voluntarily, without even seeing any default notice and in line with this legislation, I paid within the time constraints suggested by the act.
    As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notice) then the actual default notice that is shown on my credit file is unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day Abbey has acted unlawfully by not issuing a fully compliant and correctly executed legal document.

    Therefore, assuming you are happy with my proposal please confirm, in writing on letterheaded paper, the following points will be carried out;
    • The Default Notice will be removed
    • The Status of the account will change from “Defaulted” to “Settled”
    • The Current Balance will appear as £0.00
    • The Default / Delinquent Balance will be set to £0.00
    • There will be no date in the “Defaulted Date” field (as it will be removed)
    • There will be no date in the “Date Last Delinquent” field on the report
    • This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit
    Failure to agree will result in more formal papers being sent, by return and in the meantime, I look forward to your response within the next 21 days.

    Yours faithfully,

    Sign here digitally
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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