Sutton's default removal letters

UncleSimit · 26 June 2009 at 12:58PM

MasterSimit wrote: »

So I'm still waiting for my files from Three so I can dig deep and find some errors to use against them to get this default removed. [FONT=&quot]
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Received a letter from Three today.

The letter states -

I write you further to your letter dated 19th May 2009 which was received by us on 18th May 2009.

I have received confirmation from our Chief Executive's Office that they have been unable to contact you to help resolve any issues which you may have recently face.

Please be advised that we are in the process of gathering the information you have requested under your Subject Access Request and we seek to send this data to you in the next 14 days.

King regards

Yours sincerely

Data Protection Compliance Executive

Now I'm thinking/hoping the part refering to the Chief Executive's office trying to contact me is regarding my previous letter asking for them to remove the default.

We'll soon see I guess.

never-in-doubt · 26 June 2009 at 8:08PM

MasterSimit wrote: »

Received a letter from Three today.

Now I'm thinking/hoping the part refering to the Chief Executive's office trying to contact me is regarding my previous letter asking for them to remove the default.

We'll soon see I guess.

Remember with a mobile company they are not like other lenders, they prefer to be paid and if you pay then they will remove the default.

Maybe if you tell us the background we can help? I'm not sure what good issuing a SAR will do, either the default was lawful or unlawful and a SAR will not assist you deternine this - only your memory will (did you pay or didn't you?)......

Mobile contracts don't form CCA so there will be no credit agreement nor will there be prescribed terms.

If you'd paid the default then they should remove default, if you still owe then hold fire and we'll sort it for you....

never-in-doubt · 26 June 2009 at 8:09PM

just_about wrote: »

NID - Waiting for your updated letter !!

Am reffering to the barclays default removal letter. Just want to live a normal life, which seems impossible for now with the default.

Please help me out. Thanks once again NID.

Mate you have never given me any background so can't do much i'm afraid! You need to tell us what has happened and why you have a default, how old, who issued it etc etc.....

UncleSimit · 26 June 2009 at 10:19PM

never-in-doubt wrote: »

Remember with a mobile company they are not like other lenders, they prefer to be paid and if you pay then they will remove the default.

Maybe if you tell us the background we can help? I'm not sure what good issuing a SAR will do, either the default was lawful or unlawful and a SAR will not assist you deternine this - only your memory will (did you pay or didn't you?)......

Mobile contracts don't form CCA so there will be no credit agreement nor will there be prescribed terms.

If you'd paid the default then they should remove default, if you still owe then hold fire and we'll sort it for you....

Sorry, thought I'd explained the situation. Must have done in a different thread or something then.

Basically - I had two accounts with Three in 2005 which as a result of some finacial problems ended up in arrears. A change of address also didn't help in the matter. When I finally got back on my feet, few months down the line, I contacted Three to make arrangements to pay the outstanding balance on both accounts. I caught one account just before the default stage but was not so lucky with the other one. Nonetheless, I spoke to customer services and told them I'd be willing to pay the balance on the defaulted account if they agree to fully remove the default, to which they said yes. However, this was not done and I've been at war with them since as they claim they agreed no such thing and that marking it as 'Satisfied' is the most they can do as a true reflection of how the account was maintained must be shown.

The reason I did a SAR was to see if any mistakes had been made during the defaulting process that I can pick up on and use. What's more, they did verbally agree to remove it in the first place so I'm hoping this is on file somewhere too. Strangely enough though, since I sent a letter asking for them to follow through with their original agreement to remove the default (which they denied to do), the default no longer appears on my Equifax file

.

So yeah, thats basically it.

never-in-doubt · 26 June 2009 at 10:24PM

MasterSimit wrote: »

Sorry, thought I'd explained the situation. Must have done in a different thread or something then.

Basically - I had two accounts with Three in 2005 which as a result of some finacial problems ended up in arrears. A change of address also didn't help in the matter. When I finally got back on my feet, few months down the line, I contacted Three to make arrangements to pay the outstanding balance on both accounts. I caught one account just before the default stage but was not so lucky with the other one. Nonetheless, I spoke to customer services and told them I'd be willing to pay the balance on the defaulted account if they agree to fully remove the default, to which they said yes. However, this was not done and I've been at war with them since as they claim they agreed no such thing and that marking it as 'Satisfied' is the most they can do as a true reflection of how the account was maintained must be shown.

The reason I did a SAR was to see if any mistakes had been made during the defaulting process that I can pick up on and use. What's more, they did verbally agree to remove it in the first place so I'm hoping this is on file somewhere too. Strangely enough though, since I sent a letter asking for them to follow through with their original agreement to remove the default (which they denied to do), the default no longer appears on my Equifax file .

So yeah, thats basically it.

Hiya

Ok so does the default show on experian or has it been removed? They could have removed it purely whilst they investigate what has happened....

I can sort you a letter to make them remove it once-and-for-all but if you say its gone then leave sleeping dogs sleeping. Surely this is the best thing to do, isn't it? Unless of course the default appears somewhere else like Experian.

So when you say its 'gone' from Equifax, do you mean the whole account has vanished or just the default itself, i.e. changed from default to settled etc?

Main point here, did you ever get a default notice or ever see the one they purport to have sent?

Cheers

**dancingbutterfly** · 27 June 2009 at 10:38AM

never-in-doubt wrote: »

Hiya,

Ok you want to send this letter off now - just add the dates in first couple of paragraphs and remember to amend the cheque / postal order bit. If you sent a PO then delete the text at the end of para 1 that reads: and my cheque was cashed XX/XX/2009:

Letter to send:

Dear Aktiv Kapital,

Ref: XXXXXXXX

I do not acknowledge any debt to your company.

I wrote to you and sent the letter by Recorded Delivery on XX/XX/2009 asking for a true copy of the Conumer Credit Agreement together with the relevant information under Sections 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque / postal order as the fee payable. This letter was delivered and signed for on XX/XX/2009 and my cheque was cashed XX/XX/2009.

The Consumer Credit Act allows 12 working days for this request to be carried out before you enter into a default situation. This occurred on XX/XX/2009.

I have still neither received a copy of the agreement as required by s.78 of the Consumer Credit Act 1974, nor any other information relating to the account and as such, this account has become unenforceable by law. As you are no doubt aware ss.6 of the CCA states:
"If the creditor under an agreement fails to comply with ss.1 (CCA.1974) then (a) He is not entitled, while the default continues, to enforce the agreement"
As the 12 working days have now expired, from your receipt of the request for the agreement and supporting documents until now, the account is now formally in dispute and whilst it remains in dispute, the agreement is unenforceable.

Whilst it is unenforceable, no interest can be added to the account and no action can be taken against me such as defaults or adverse data registered at any of the credit reference agencies. As you have already added a default against me, I hereby give you 30 days in which to remove the default or supply me with the Consumer Credit Agreement to enforce the default.

There is no debt as there is no agreement and therefore the default that you registered against me is unlawful and will be defended by demanding enforcement of removal via the county courts, if necessary. We both know without a true copy of a CCA then the chances success are slim, to say the least, for Aktiv Kapital.

Furthermore, under the Data Protection Act (s.10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 30 days confirming that you have complied with this request.

Yours faithfully,

Sign here digitally

Hiya Nid,

hope your well mate!

well things have been a little rough for me and i didnt manage to get this letter sent off (the one above:D)

however i recieved this letter this morning.....

''we refer to your request for a copy of the original credit agreement pertaining to the above referenced account.

in accordance with the consumer credit act 1974

subsection (1) of section 77 states: ''The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after recieving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it...''

subsection (3) of section 77 states: ''Subsection (1) does not apply to- (a) an agreement under which no sum is, or will or may become, payable by the debtor...''

as your account shows a zero balance and we can confirm that there are no sums outstanding, we do not have an obligation to supply you with documents under the consumer credit act 1974.

with regard to your request that we remove all data registered against you with all the credit agencies, the default recorded on your credit file in respect of the above referenced account is a correctly recorded default, becuase you breached the terms and conditions of the credit agreement. however, the default entry should show the account as satisfied.

yours faithfully

blah blah.''

the other letter for the other account is exactly the same.

well what do you reckon mate?

sorry all for the long post!

UncleSimit · 27 June 2009 at 11:35AM

never-in-doubt wrote: »

Hiya

Ok so does the default show on experian or has it been removed? They could have removed it purely whilst they investigate what has happened....

I can sort you a letter to make them remove it once-and-for-all but if you say its gone then leave sleeping dogs sleeping. Surely this is the best thing to do, isn't it? Unless of course the default appears somewhere else like Experian.

So when you say its 'gone' from Equifax, do you mean the whole account has vanished or just the default itself, i.e. changed from default to settled etc?

Main point here, did you ever get a default notice or ever see the one they purport to have sent?

Cheers

Having just checked one of my Equifax reports again, the account altogether seems to be no longer listed as well as my previous address it was listed at

. So to be honest I can't if the default has even been removed at all but I do know it was on there back in 2007.
The account/default is still on my Experian file though.
With regards to receiving a default notice, I was moving house around the time so I can’t say for sure. Though this is another reason I did a SAR. Saying that, they don’t even have to supply me with a default notice anyway do they, because they are not covered by the CCA.

Thanks for the help btw.

**dancingbutterfly** · 27 June 2009 at 4:51PM

bumpy bump!

never-in-doubt · 27 June 2009 at 9:22PM

**dancingbutterfly** wrote: »

well things have been a little rough for me and i didnt manage to get this letter sent off (the one above:D)

Mate - come on! You need to get it sent like last month! What stopped you.....?

**dancingbutterfly** wrote: »

however i recieved this letter this morning.....

Ok, thats a standard letter - looking back at the letter you never sent, there is a section that mentions the date you originally requested the CCA - did you ever request if (formally) whilst the account was open or did you ever query anything whilst the account was open?

**dancingbutterfly** wrote: »

with regard to your request that we remove all data registered against you with all the credit agencies, the default recorded on your credit file in respect of the above referenced account is a correctly recorded default, becuase you breached the terms and conditions of the credit agreement. however, the default entry should show the account as satisfied.

Yea - usual response - we'll come back to this later......

So in essence they have responded to your original request so the letter above is now of no use. Obviously they missed the deadline. So really just waiting to know if you ever disputed anything when the account was live etc......

Was this the original letter here? http://forums.moneysavingexpert.com/showthread.html?p=21627641#post21627641

never-in-doubt · 27 June 2009 at 9:30PM

Katie,

You originally sent the letter above right? Well the first park of this is quoted as:

Further to paying the alleged debt off last year, I have since found out that the agreements may not have been enforceable in the first place.

So in essence they have ignored that element, so we'll be looking to retrospectively put the account into dispute because you query the legitimacy of the actual assignment and issuance of said default. They do have to provide proof of this, whether paid or not.

Remember you can restrospectively do anything, especially because you can always say you rung and requested it - how can they prove or disprove you?

Don't worry - just stay chilled :-)

Sutton's default removal letters

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