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Sutton's default removal letters

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  • Hi, I am looking for a bit of help with a default registered against me by Orange in March 2004; for an amount of £253. There were several issues with the account etc, and eventually they registered a default against me, around the same time that the account was actually settled, it was more like a retrospective default.

    In terms of my credit files currently, this is the only default that I have against me, and it is creating some problems for me, i.e. I was recently looking to borrow money from a main lender to pay off a loan with Welcome finance to reduce the interest and repayment term, and obviously have found this near impossible. Spoke to Orange today, as a side issue was when the default was actually registered as it is different across all three CRAs, however I was asking about getting a copy of my credit agreement. Firstly she told me that I was a web customer, which I wasn't, then told me I had made a verbal agreement, then said I could request it but the answer would be the same; I then asked to her to email me the customer services address which she did saying I also owed a further £70.52 as they had "once refunded me that in a cheque". Needless to say I phoned up disputed it, and she said she would credit it on my account so balance is now £0; allegedly, she was supposed to send me an email to confirm but have received nothing.

    Really I am wondering if this was enforceable in the first place as a CCA, also to I have any grounds for getting it removed, and lastly how would I go about it all?

    Any help much apprecited, thanks
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 13 August 2009 at 9:28PM
    jlucy wrote: »
    Hi, I am looking for a bit of help with a default registered against me by Orange in March 2004; for an amount of £253. There were several issues with the account etc, and eventually they registered a default against me, around the same time that the account was actually settled, it was more like a retrospective default.

    So you've actually paid the amount owing then right? What date, what amount and who did you pay (orange or a debt agency).....
    jlucy wrote: »
    In terms of my credit files currently, this is the only default that I have against me, and it is creating some problems for me, i.e. I was recently looking to borrow money from a main lender to pay off a loan with Welcome finance to reduce the interest and repayment term, and obviously have found this near impossible.

    That's why they add defaults - you'll get no credit with a default registered, settled or unsettled. Unfortunately that is just the way they are - hopefully the law will change in the near future :cool:
    jlucy wrote: »
    Spoke to Orange today, as a side issue was when the default was actually registered as it is different across all three CRAs,

    Post details of all three CRA records - excluding your name and DOB (just the other data) so I can compare them please.

    Like this:
    Company name:
    Account type:
    Started:
    Default Balance :
    Current Balance :
    Defaulted On :
    File Updated for the Period to:
    Status history: D
    jlucy wrote: »
    however I was asking about getting a copy of my credit agreement.

    No such thing with mobiles. These are utilities so no credit agreement and they do not conform to the Consumer Credit Act.
    jlucy wrote: »
    Firstly she told me that I was a web customer, which I wasn't, then told me I had made a verbal agreement, then said I could request it but the answer would be the same; I then asked to her to email me the customer services address which she did saying I also owed a further £70.52 as they had "once refunded me that in a cheque". Needless to say I phoned up disputed it, and she said she would credit it on my account so balance is now £0; allegedly, she was supposed to send me an email to confirm but have received nothing.

    This makes no sense! From here on in, NO PHONE contact - you have to promise that everything from now is done via letter - letter = proof. Phone = no proof.
    jlucy wrote: »
    Really I am wondering if this was enforceable in the first place as a CCA, also to I have any grounds for getting it removed, and lastly how would I go about it all?

    Any help much apprecited, thanks

    No CCA - however unlikely it was enforceable - not many are - as they do not follow default issuance procedures which is what we'll try and fight over, i.e. a technicality. Please post details of dates and the CRA entries so I can look at this for you.... if you want some help of course? I need to pretend i'm you so give lots of data but nothing personal about you of course.

    Read this as an example - it may be similar that we'll send for you: #1013
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Ok in terms of credit files, for some reason I cant get my call credit report online, it is a while since I logged in so leave that one with me for a little while, but with regard to Experian and Equifax, these are as follows;

    Experian
    Company Orange
    Account type Communications
    Start 24/02/2003
    Default £253
    Current balance £0
    Defaulted 01/04, and D sign is in Jan 2004 box
    File updated to 17/11/2005
    Status history D
    Also says satisifed on 01/03/2004

    Equifax
    Account type Communications
    Start 24/02/2003
    Default £253
    Current balance £0
    Defaulted 01/03/2004
    File updated to 13/11/2005
    Status history 8 (i.e. default)
    Also says FCS Flag - FCS disconnected

    I paid the money through Moorcroft, I think in 2, possibly three payments.

    The other thing is I was living at another address at the time, and when I got my credit files on line I forgot to put that address on so even though it showed as a linked address the default never showed up, so I was naively linking it wasn't on there, imagine my disappointment!

    What else do you need?
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    jlucy wrote: »
    Ok in terms of credit files, for some reason I cant get my call credit report online, it is a while since I logged in so leave that one with me for a little while, but with regard to Experian and Equifax, these are as follows;

    Experian
    Company Orange
    Account type Communications
    Start 24/02/2003
    Default £253
    Current balance £0
    Defaulted 01/04, and D sign is in Jan 2004 box
    File updated to 17/11/2005
    Status history D
    Also says satisifed on 01/03/2004

    Equifax
    Account type Communications
    Start 24/02/2003
    Default £253
    Current balance £0
    Defaulted 01/03/2004
    File updated to 13/11/2005
    Status history 8 (i.e. default)
    Also says FCS Flag - FCS disconnected

    What else do you need?

    Hiya

    see the red bold above - is this the true default date, i.e. was it back in 2004?

    If so, leave it - everything will disappear after 6yrs, i'd just leave things alone cos no matter what, assuming the worse date of April 04, this will be gone altogether in April next year, i.e. 8mths time!

    Regards to call credit, dont pay to join that - no need cos they are useless and no1 uses them for new credit applications.

    Also, as nothing will change until April next year, just cancel both Experian & Equifax (save money) and wait til then, reapply using the statutory report for £2 and all should be gone.

    That's what i'd so...... :beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Ok, thanks
  • wwwtom
    wwwtom Posts: 39 Forumite
    edited 14 August 2009 at 8:05PM
    Hi NiD

    Recieved this today from Abbey

    3820557997_b56b978964.jpg

    Bigger Version

    Looks like I should be patient more often!
    abbey : default B]balance: £0[/B || Mint B]balance: £0[/B || CapitalOne B]balance: £0[/B
  • James3891
    James3891 Posts: 57 Forumite
    Hi, have posted elsewhere but no replies so wondering if no-one really knows.

    Last summer i went about £800 over my overdraft and Barclays handed me to their collections dept and i agreed to repay the money £250 a month with family help which i did.Kept my overdraft and got my card back through the post 3 days after being inside my limit again.

    My CR says 'special instruction' in the box but i've never been defaulted and the CR's confirmed this.

    Do you know if it does the same damage as a CCJ or DN? and does any paperwork need to declare thats what i'm in? Any way of removing it as it was paid in the agreed few months?

    I've looked all over the net and can't find a mention of Special instructions except a couple that were to do with following defaults.

    Thanks
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    James3891 wrote: »
    My CR says 'special instruction' in the box but i've never been defaulted and the CR's confirmed this.

    I've looked all over the net and can't find a mention of Special instructions except a couple that were to do with following defaults.

    Thanks

    Hiya

    SI indicator is not bad, if account has not got default next to it, bascially means you're in a payment plan or have been in one in the past.

    Nothing to worry about there......
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • wwwtom
    wwwtom Posts: 39 Forumite
    Hi NiD

    Hope you're having a good weekend,

    Just wondering if Abbey's letter (#1057) requires a response from me or whether it will be best just to let them get on with it?

    Thanks,

    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
    wwwtom wrote: »
    Hi NiD

    Just wondering if Abbey's letter (#1057) requires a response from me or whether it will be best just to let them get on with it?

    Hi Tom,

    Just hold fire until they actually reply to your main letter, just post anything you do get and i'll keep my eyes open for it. Have been away all weekend sorry for the delay!
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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