Sutton's default removal letters

Cahoot_hater wrote: »

Hi Guys,

I wounder if anyone could advise, I defaulted on a natwest credit card back in mayn 2005, even though the debt was fully repaid within the month Natwest decided to put the dreaded red marker on my credit report. Now I want to remove this default as soon as possible as I am looking to buy a house very soon but worry this would go againts me when apply for a mortgage even though I have a credit score of 900. Two weeks ago I sent of a letter requesting a CCA (first letter in this thread) today I received a responce back from natwest with the following:

"Your request for documents contains some misconceptions about your entitement to information in a specified form and our obligation to supply that information.

As you are aware this account has been fully repaid, and therefore, there is no active agreement between Natwest Credit Cards and you with regards to the above account.

The Consumer credit Act is for active agreements and therefore there we are under no obligation to provide you with the requested documents as your obligation to us under the agreement has ended.

I trust the above clarifies matters for you"


Now this is where I am stuck I don't know what letter to fire off now, can anyone advise, pleaseeeee.

Hiya

This is correct, they do not have to provide data after the account is cleared, however they do have to supply a default notice and notice of termination (when they closed the account and put it into default).

Have a read here and send the SAR letter ( #6 ) - http://forums.moneysavingexpert.com/showthread.html?t=1868507 -add a bit in there about wanting the default notice included in the SAR pack - it does cost a tenner but at least you'll be able to prove whether a default was issued or not.

If it was issued (i.e. one is with your SAR) then sorry, you need to sit it out for the 6yrs from default date.

Cahoot_hater wrote: »

Thanks for the advice 'Never-in-doubt- , will send of SAR first thing tomorrow. Hope they don't have it, lol
:beer:

Hold fire - dont send it off just yet, lets try another approach.....

Are you online tonight, will you have some time to spend cos it may be worth sending a reply to their letter advising them of the law - see how they like it...

Its up to you, can do no harm?

If you'll be around then we'll do it, i'll get some info from you and then sort you a specific letter to send.....

pinkerton_angel wrote: »

Hi,
Wondering if some of you fabulous people could help me with my Cabot?next defaults please, I'm at the end of my tether now. Thread is here http://forums.moneysavingexpert.com/showthread.html?p=24085863#post24085863

Thanking you in advance
pinky

Hiya,

I've had a read through your original post and you're spot-on for not paying anything. Few things we need to establish and then i'll post you a letter for each lender that will kick them into gear. Just remember, you cannot speak to any of them on the phone again and you must stick to the script laid out on here for you! Deviate and it'll put you back 10 steps....

Right, going from your post - my comments are in red next to your original point.

.......................................................

I'm in desperate need of some help with 2 defaults I have. I got into some problems a few years ago, 2 redundancies, a very draining ex!! and took some really bad advice so is basically all my fault and I can accept that.

Don't worry ;-)

I had some debts with Next and Littlewoods and asked both if I could reduce payments but they said no, asked both for copies of credit card agreements, neither of which could supply,

Can you confirm the following;

1. Next - was this a newxt catalogue account and did you ever get the next storecard?

2. Littlewoods - was this an LX Direct or Littlewoods account and did you ever get the LX storecard?

3. What did you send, when you asked for agreements, was it the CCA letter? Did they respond in writing, if so what did they say or did they just ignore you?

the bad advice was to stop paying as there were no CCA's

This is good and correct advice. Without a CCA then the debt cannot be enforced thus you're throwing good money away.

so I did and was then defaulted on both accounts.

What do you mean 'defaulted on both accounts'? It cannot just happen, they should send you a temination notice (NOT) then a default notice (DN) with 14 days to pay. Afterwards, assuming they sell the debt to a DCA they must send an assignment notice (NOA).

Have you moved house since the debt, if not, can you confirm no notices were ever received? Have you had it in writing they cannot supply them or verbally?

My issues are (certainly with Next) that at the time of default I a) didn't receive a default notice

Ok, fair point. This is the crux of the argument, along with the next part.....

and b) was disputing my account for non delivery of goods at the time of default.

If an account is in dispute they are acting unlawfully adding a default, this simply cannot be done and they will soon be told this (watch this space lol). My letter will make it abundantly clear where they have breached the CCA so don't worry too much about this or the lack of default notice for the time being.

I have written numerous letters to them, they have admitted not having a CCA and also that they cannot prove which items I've received,

You're saying they have written confirming that they have no CCA? Please be 100% accurate with this answer.

at one point they offered a reduced amount for me to pay and would remove the default (how I wish I'd accepted this now)

Who did, Next? You done right to decline - see above point about wasted money.

but I still disputed the amount, I offered a much lower amount, they refused.

Well done for disputing it, they are allowed to refuse - no big deal. I hope all these negotiations were done in writing - if you say it was verbal forget it, no proof. That is why my point at the very top if imperitive - no phone contact!

I wrote to the FOS who have spent months and months investigating, just this week I have received a response from them saying that Next cannot provide them with a CCA either but that because the default was before April 2007 (was in March 07) they cannot even look at it!!

That's about right, pre 04/07 and unenforceability issues are not for the FOS to deal with. Don't worry too much about this, forget the FOS - that was duff advice wasting time going to them in the first place - never go to the FOS, they are a waste of space!

What on earth can I do now?

Ask N-i-D for some help lol :rotfl:

I feel like I'm going round in circles.

You are - it is normal and they do it in the hope you'll give up. From now on we'll stick to structured responses and writing. They will soon act properly, wait and see. It may take some threats but they should listen - eventually.

Can I check, do you have a balance on both accounts and could you pay it off, sometimes if we offer a full and final they may accept - but i'd get the default wiped completely as part of the deal.

Please confirm this.

I've acknowledged that I do owe them some money (albeit not the full amount) and I'm happy to pay this but I desperately want the default removed as it's causing me huge problems.

Ive asked about this in above point

I've tried all the usual letters for removal of defaults, none have worked. Do defaults only 'disappear' 6 years after you've paid the balance or do they write off the amount after this time.

They disappear after 6 years and also become statute barred after 6yrs of non payment. Don't worry, we'll sort this soon enough for you. Nothing ever gets written off, there is a huge difference between being unenforceable and written off.

Unenforceable means you owe the money, but it cannot be enforced, i.e. you don't have to pay - legally. Write-Off happens after 6yrs (Statute Barred) where it cannot ever be repaid and is ignored.

I'm guessing the next stage is court but I really don't know what to do.
Please can someone help
Thanks

Nope, court is the last option and threats will work. Post back some info and a copy of entries in your credit file with some dates of correspondence etc and i'll sort you the letter to send.

The more info you give the better - I need to pretend to be you so need all the details but nothing personal such as name/account details etc....


When will you be online next, i'll do this one night this week so confirm a time and we'll get together. The sooner you give me the info the sooner the defaults will be gone lol

Cheers

N-i-D

never-in-doubt wrote: »

Hiya,

Yes - the standard SAR request, the link I sent you, i.e. MY SAR request hahaha. That is fine to get it but i'd try a different approach, just to annoy them lol.

Ok, can you tell me as much as you can about the events surrounding the default and also post a copy of the entry from your credit file....

This is a good example of the info I need: #925 but really I need to know what you paid and when you paid it, what they sent you (default notice etc) has it ever been sent to a DCA or always Natpest, did they agree to anything in writing or did you ring and pay over the phone, etc etc.... as much as possible.

Are you around for the next hour - we'll get it done if you are?

Thank for this N-I-D much appreciated.

Well back in 2004- 05 when I was a student i applied for a c/c from natwest with £500 limit, within less than two months I maxed out the card and fell into a hole where I couldn't keep up with payments (stupid on my part i know which I am regretting) , I was paying the minimum payment but sometime i could not afford too thats when natwest started sending me numerous letters which I use to ignore (i know it was not a good thing) but i finally did have the courage to call them to sort this out once in for all, when I fanlly came round to calling them they explained to me what options I had which was if I agreed to pay the minimum fee each month until I pay off the full balance they will not default me, I did keep to their offer however one month I was late in paying the minimum payment by a few days they than phoned me and told me that because I didn't keep up with the arrangement they have no option to default me and I had to pay the whole amount off in full, think it was around £454. (I have no recollection of ever seeing a copy of this default notice) .The payment arrangement with Natwest was made over the phone, and no letter was sent out either.

If I am honest I can't remember what I when I paid them.

Recently I did apply for all my bank charges back which they agreed to pay back in full with interest but me being a fool didn't try to get the defualt removed at the same time. The total charges added up to £265.00.

Below is what it shows on my Experian report:

Company name: NAT WEST CREDIT CARDS
Account type: Credit card / Store card Started: 10/07/2000
Default Balance: £454
Current Balance: Satisfied

Defaulted On: 11/07/2005 File Updated for the Period to: 29/04/2007

Notice of correction Reference: Y1
THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA.

never-in-doubt wrote: »

Hiya,

I've had a read through your original post and you're spot-on for not paying anything. Few things we need to establish and then i'll post you a letter for each lender that will kick them into gear. Just remember, you cannot speak to any of them on the phone again and you must stick to the script laid out on here for you! Deviate and it'll put you back 10 steps....

Right, going from your post - my comments are in red next to your original point.

.......................................................

I'm in desperate need of some help with 2 defaults I have. I got into some problems a few years ago, 2 redundancies, a very draining ex!! and took some really bad advice so is basically all my fault and I can accept that.

Don't worry ;-)

I had some debts with Next and Littlewoods and asked both if I could reduce payments but they said no, asked both for copies of credit card agreements, neither of which could supply,

Can you confirm the following;

1. Next - was this a newxt catalogue account and did you ever get the next storecard?

2. Littlewoods - was this an LX Direct or Littlewoods account and did you ever get the LX storecard?

3. What did you send, when you asked for agreements, was it the CCA letter? Did they respond in writing, if so what did they say or did they just ignore you?

the bad advice was to stop paying as there were no CCA's

This is good and correct advice. Without a CCA then the debt cannot be enforced thus you're throwing good money away.

so I did and was then defaulted on both accounts.

What do you mean 'defaulted on both accounts'? It cannot just happen, they should send you a temination notice (NOT) then a default notice (DN) with 14 days to pay. Afterwards, assuming they sell the debt to a DCA they must send an assignment notice (NOA).

Have you moved house since the debt, if not, can you confirm no notices were ever received? Have you had it in writing they cannot supply them or verbally?

My issues are (certainly with Next) that at the time of default I a) didn't receive a default notice

Ok, fair point. This is the crux of the argument, along with the next part.....

and b) was disputing my account for non delivery of goods at the time of default.

If an account is in dispute they are acting unlawfully adding a default, this simply cannot be done and they will soon be told this (watch this space lol). My letter will make it abundantly clear where they have breached the CCA so don't worry too much about this or the lack of default notice for the time being.

I have written numerous letters to them, they have admitted not having a CCA and also that they cannot prove which items I've received,

You're saying they have written confirming that they have no CCA? Please be 100% accurate with this answer.

at one point they offered a reduced amount for me to pay and would remove the default (how I wish I'd accepted this now)

Who did, Next? You done right to decline - see above point about wasted money.

but I still disputed the amount, I offered a much lower amount, they refused.

Well done for disputing it, they are allowed to refuse - no big deal. I hope all these negotiations were done in writing - if you say it was verbal forget it, no proof. That is why my point at the very top if imperitive - no phone contact!

I wrote to the FOS who have spent months and months investigating, just this week I have received a response from them saying that Next cannot provide them with a CCA either but that because the default was before April 2007 (was in March 07) they cannot even look at it!!

That's about right, pre 04/07 and unenforceability issues are not for the FOS to deal with. Don't worry too much about this, forget the FOS - that was duff advice wasting time going to them in the first place - never go to the FOS, they are a waste of space!

What on earth can I do now?

Ask N-i-D for some help lol :rotfl:

I feel like I'm going round in circles.

You are - it is normal and they do it in the hope you'll give up. From now on we'll stick to structured responses and writing. They will soon act properly, wait and see. It may take some threats but they should listen - eventually.

Can I check, do you have a balance on both accounts and could you pay it off, sometimes if we offer a full and final they may accept - but i'd get the default wiped completely as part of the deal.

Please confirm this.

I've acknowledged that I do owe them some money (albeit not the full amount) and I'm happy to pay this but I desperately want the default removed as it's causing me huge problems.

Ive asked about this in above point

I've tried all the usual letters for removal of defaults, none have worked. Do defaults only 'disappear' 6 years after you've paid the balance or do they write off the amount after this time.

They disappear after 6 years and also become statute barred after 6yrs of non payment. Don't worry, we'll sort this soon enough for you. Nothing ever gets written off, there is a huge difference between being unenforceable and written off.

Unenforceable means you owe the money, but it cannot be enforced, i.e. you don't have to pay - legally. Write-Off happens after 6yrs (Statute Barred) where it cannot ever be repaid and is ignored.

I'm guessing the next stage is court but I really don't know what to do.
Please can someone help
Thanks

Nope, court is the last option and threats will work. Post back some info and a copy of entries in your credit file with some dates of correspondence etc and i'll sort you the letter to send.

The more info you give the better - I need to pretend to be you so need all the details but nothing personal such as name/account details etc....


When will you be online next, i'll do this one night this week so confirm a time and we'll get together. The sooner you give me the info the sooner the defaults will be gone lol

Cheers

N-i-D

NID you are amazing!! How do you find the time to help everyone???
I will get everything together and get back to you later this week, probably be Thursday.
Thank you soooooo much, you've given me hope
pinky