Sutton's default removal letters

maximoomoo wrote: »

You are right NID, for the most part I am wanting to offer full and final settlment inexchange for them removing the default.

My defaults range for being off (if I am correct in saying after 6 years in Scotland) from December 2009 to July 2013. I have worked these dates out from the date of default that is listed on my creditexpert report.

Hopefully my research is accurate.

My plan is to target the latest ones and work my way back so hopefully I will be knocking months off the time when my credit report will be clean.

I have only just started on this route as I have only just needed to get credit and I am unable to even get a capital one credit card!!! I have got the credit card that you are in theory taking out a loan over a year but in the meantime I would like to be doing something else.

How do you mean putting the charges in dispute? What template would I use for that? And by offering the actual balance owing do you mean the balance before I defaulted, before they put charges and interest galoure on top.

Any advise?

Thanks

Hiya,

You need to send this style of letter, do one to each company that registered the default against you. So you link this to the credit report and send all letters to the people that are updating the credit files - i.e. the DCA or the lender if they didn't use a DCA. You'll get full addresses and account numbers if you email in to the credit agency as they have to provide the data being they 'hide it from view' on their systems.

When you get a reply, let me know. Do not be too hasty as they may try and trick you into paying. You need them to agree to certain things long before you pay them!

Here we go!

Dear XXXXXXXXXX,

Ref: XXXXXXXX

I write with reference to previous communication regarding an outstanding balance on the account and wish to make an offer to resolve that will suitably please both parties.

I do have an outstanding balance on the account, as you are fully aware this is made up primarily of charges. However, a default to you and no payment will not achieve much and so I therefore write to try and resolve matters amicably, that will suit both of us long term.

I propose to offer a full and final payment to settle and close this account to the value of 50% of the original amount, which will take into account and absorb, a lot of the charges that have been added to the account throughout time.

The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, i'll probably be able to counter sue and litigate over unenforceability.

To confirm, I am more than happy to settle as much as 50% of the total amount owing so long as you can agree to, and ensure that, the following actions 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

If you're happy with my proposal, please respond confirming each of the above points on official letterheaded paper, confirming the exact amount owing and I will send a cheque by return.

Failure to agree will result in more formal papers being sent, by return.

I look forward to your response.

Yours faithfully,

Sign here digitally

maximoomoo wrote: »

Thanks NID that sounds fantastic. Can't believe I'm a complete geek and excited about getting things moving!!!

Only question I do have though is that I noticed in the vodafone letter there was a statement along the lines of, you remove the default and I will pay, whereas the letter you just posted states, tell me in writing that the default will be removed and I'll pay. Surely the first approach is better? What rights will I have if they tell me on headed paper that they will do everyting I have asked and then dont?

Thanks

Hiya

I don;t follow your question about voda letter? I have mentioned about doing it on letterhead etc - what do you mean lol?

If they say they will accept, they will accept and do it. They know not to risk messing with the laws......

Just do not respond if you see the words without prejudice anywhere - means it cannot be used in court!

never-in-doubt wrote: »

It wasn;t 21 days ago surely? was it....? You have to leave it cos you threatened them with legal action remember - unless you want to follow it through of course?

I'd give them until the end of June, personally....

Have they cashed cheque/received the letter? if so when? It was this letter, right? #266

Hi NID - I sent the first CCA request letter (your standard template) on the 22 May. We then sent your second letter as they asked for proof of ID. The second letter was sent on Monday 8 June.

I don't really want to go to court

I will take your advice and give them until the end of June. I have the recorded delivery receipts - but I sent them Postal Orders - not cheques (don't want them nicking my signature off my cheques )

Many thanks

never-in-doubt wrote: »

---

Letter to send to Barclays Bank:

---

Account in dispute

Dear Barclays,

Re: ACCOUNT NUMBER: XXXXXXX

Further to paying the alleged debt off, I have since found out that the actual debt may not have been enforceable in the first place as you issued an unlawful default against me.

This account cannot be defaulted without sight of the default notice and whilst the account is in dispute. Barclays never notified me of any such default and instead placed a default against me using inaccurate data and dates. It is also forbidden to issue a default whilst an account is in dispute, as you are well aware.

I am more than happy to draw a line under this if you agree to immediately remove all data registered against me with all the credit agencies. I do feel this is a more than reasonable request being I did pay the funds without question and now the account is clear, I feel removal of the adverse/account data is only fair.

If you refuse, then I will look to take matters further, in particular bringing into question your issuing of a default in April when I was still under an arrangement to pay (account in dispute); I was never informed of any such default, or intended repercussions; the default amount is incorrect and the default date conflicts with my existing arrangement. It should also be reiterated that I did place the account into dispute, at the point you started charging me ridiculous amounts for slightly exceeding my overdraft. As you know, I am well within my right to request a refund of excessive charges but am not interested in this - I only want what is fair and that is immediate removal of all derogatory information.

It was also verbally confirmed to me by your DCA that the data would be removed upon payment being made in full, obviously a deceitful lie which will not go unpunished if I am forced to pursue matters. Unless you agree to the immediate removal of all defaults and close these accounts down, I will seek redress through the courts, report you to the appropriate authorities for your shortcomings and seek compulsory compensation.

This account is now formally placed into dispute and you should also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the three (3) Credit Reference Agencies. Should you refuse to comply, you must within 21 days, provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond then I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The farcical way in which I’ve been treated by Barclays and associated third parties gives a clear basis for dispute and as such the following applies:

* You may not demand any payment on the account, nor am I obliged to offer any payment to you;
* Any payment previously made should be refunded immediately;
* You may not add further interest or any charges to the account;
* You may not pass the account to a third party;
* You may not register any information in respect of the account with any credit reference agency;
* You may not issue a default notice related to the account.

All I want is closure, simply remove all trace of these defaults and close the accounts and I’ll be happy to draw a line underneath this whole episode. The alternative will be far worse.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.



Yours faithfully
Sign digitally

Hiya,

Thanks NID, just came to check this letter you posted for me. You have been absolutely invaluable, great job mate.:beer:
Just wanted to ask a couple of points reards to this letter that i have some confusion about.

I never raised a dispute with the account or the amount that i owed to barclays previously - So should that point be included in the letter and will it hamper my chances of getting the dafult removed ?

Barclays did send me quite a few letters around November - January, with their usal pay up warning, or face with consequences, However the default was put up in april - so is that right?

Though I think, they actually did not send me the default letter in april when it actually was put up.

Also I put about £200 on the 30th June 2008 in my barclays account which was open till then, and got my balance (unauthorised Overdraft) down to £516 from £716 on the 30th of June.

However in the CRAs it is showing the amt defaulted is £516 (which is correct, as i did not pay after June), However the date it defaulted on is showing April of the same year.

So oviously i cant default in April for £516 aqs the balance then was £716, so barclays have got this one totally wrong for sure, ( if the default date is april then the amt defaulte should show more and I was also on an arrangement to pay with them, though i failed to pay that too a couple of times)

Sorry for blagging however my point is since barclays got the date and the defaulted amount wrong, can we make a point on that? Also they deefaulted me when the account was open and i was on an arrangement to pay with them.

So guys and NID what you think are my chances of getting that dreadful black mark removed from my file ?

Also NID should I still send them the same letter that u did for me or is there any amendment required ??

Any suggestions will be highly appreciated !! Thanks Guys nd NID:beer:

NID truly mate, you have been a star !! great job mate, :T can't thank you enough !!:beer: Also what you think are my chances now, getting the default removed ? Thanks agn mate !!