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Sutton's default removal letters
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Nice thread, will be keeping this one on my favorites!0
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Duggie, thanks for your compliments! I take it you got defaults? I don't know where everyone is?? I am going to keep up bumping this thread to get folk's attention as i think it is a very worthwhile thread.0
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Oh it is worthwhile for sure. Ive not even tried to get any of my defaults removed as I thought it was pointless as there was not much chance of it. I am gonna give it a go now as it does seem worthwhile.
Noah what benefit asking for my CCA do me?0 -
I'm currently trying to get a satisfied default removed from Three myself.
When I settled the outstanding balance I actually asked for the default to be removed as I had paid off the debt, to which I was told it would be . However, it was never done and when I challenged them later about it they simply said 'The default has indeed been updated and marked now as satisfied. However, it will not be removed as a true reflection of how the account was maintained must be shown'.
As the the agreement for the removal was verbal only, I don't really have a leg to stand on. Having contacted them again regarding this they claim they have no recallection of such an agreement and say how I was told it would stay on file to 'show a true reflection'. What's more, the CCA doesn't even apply to mobile companies, yet they are able to place defaults :mad:. I'm tempted to do a Subject Access Request but don't see how it will make a difference either.
Guess I'll have to ride out the 3 years till it drops off
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Parki, What type of defaults do you have? Credit cards/loans??
Basically the whole point about CCAs is that if they are found to be invalid, incomplete or even missing, then under DPA Act 1998, it breaches the principles of the DPA Act 1998 and it is possible therefore to get it removed as CRA's have no right to continue processing the data.
You need to start off the process by asking for CCA and then follow it up with the letters supplied on the previous page of this thread.
Hope this make it more sense to you?0 -
noah271007 wrote: »Parki, What type of defaults do you have? Credit cards/loans??
Basically the whole point about CCAs is that if they are found to be invalid, incomplete or even missing, then under DPA Act 1998, it breaches the principles of the DPA Act 1998 and it is possible therefore to get it removed as CRA's have no right to continue processing the data.
You need to start off the process by asking for CCA and then follow it up with the letters supplied on the previous page of this thread.
Hope this make it more sense to you?
Oh I see and yes now it makes complete sense. I just could not see the point of obtaining it before but I do now. I am trying to get 1 credit card default and 1 loan default removed. They expire in February and May next year. Both satisfied.0 -
MasterSimit wrote: »I'm currently trying to get a satisfied default removed from Three myself.
When I settled the outstanding balance I actually asked for the default to be removed as I had paid off the debt, to which I was told it would be . However, it was never done and when I challenged them later about it they simply said 'The default has indeed been updated and marked now as satisfied. However, it will not be removed as a true reflection of how the account was maintained must be shown'.
As the the agreement for the removal was verbal only, I don't really have a leg to stand on. Having contacted them again regarding this they claim they have no recallection of such an agreement and say how I was told it would stay on file to 'show a true reflection'. What's more, the CCA doesn't even apply to mobile companies, yet they are able to place defaults :mad:. I'm tempted to do a Subject Access Request but don't see how it will make a difference either.
Guess I'll have to ride out the 3 years till it drops off.
If you have exhausted the complaints procedure, you can either or both (i recommend) formally complain to Ofcom or start county court legal action! You will be suprised how quickly they will remove the default once they received the court summons! I succeeded removing 02 default this way.
You got nothing to lose, but for now I advise you to get SAR now and get the letters rolling, so it would stand out in court if you have to. Legal proceedings should and always be a final resort. Hope this helps0 -
Oh I see and yes now it makes complete sense. I just could not see the point of obtaining it before but I do now. I am trying to get 1 credit card default and 1 loan default removed. They expire in February and May next year. Both satisfied.
Oh so they haven't got long to be deleted. If you are desperate to have your credit file clean ASAP, I advise you to start this off now. Once your lenders know you are being serious challenging the defaults, they might as well cut their losses and remove it as it has been on there for 5 years!
I take it you found life difficult getting credit for simple things in the past five years? In my experience, it is almost the same as someone who has been bankrupt (with no assets).
Defaults can be on file for UP to 6 years, since there is no statute or law saying this! It just basically a rule made up! It will not stand in court as there is no basis for defaults to be held for 6 years!
CRA's/Lenders/DCAs have been lying through their teeth to us for many years!
HTH0 -
Well for the past 5 years I just havent got credit and not even been applying just didnt see the point. I have just done without things and paid off as much off my debts as possible. Been hard work but im glad its out of the way. Least I got through it in one piece
I will fire the first letter off this weekend
The defaults dont have long to go but I dont know why the defaults are not off by now with the rest of them when I joined my DMP.0 -
noah271007 wrote: »If you have exhausted the complaints procedure, you can either or both (i recommend) formally complain to Ofcom or start county court legal action! You will be suprised how quickly they will remove the default once they received the court summons! I succeeded removing 02 default this way.
You got nothing to lose, but for now I advise you to get SAR now and get the letters rolling, so it would stand out in court if you have to. Legal proceedings should and always be a final resort. Hope this helps
I'd be more than willing to go court if I had any grounds to do so. I got no proof the removal was agreed between myself and them (they claim it's on file that I was informed it would NOT be removed). Plus it's within their right to keep it on file anyway.
If anything I'll still do a SAR and see what I can find.
Cheers for the help though.0
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