Sutton's default removal letters

noah271007

Hello everyone!

I am starting this thread to help Sutton to get defaults removed from his credit files. So I appreciate if anyone can input some suggestions to give Sutton his best chance of removing those dreaded defaults. I would ALSO encourage anyone reading this to start their own process if they have tried and failed to remove default(s) from their credit files.

NID very kindly gave me the letters to start off the process.

The process starts as follows:

1.CCA Request

2. Non Compliance

3. Dispute letter

4. Section 10 - Cease and Desist from processing data.

noah271007

To request CCA:

Dear Sir/Madam

Re:

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the Credit Agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

Yours Faithfully

noah271007

Non response follow up letter:

Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore; You are aware that the Consumer Credit Act allows 12 working days for a requestto be carried out before you enter into a default situation.

This limit has expired. As you are no doubt aware section 77(4) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may 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 any CRA's.

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 within 21 days I expect that this means you agree to
Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear 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.
* 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.

I will be reporting your actions to any such regulatory authorities as I see fit.

noah271007

Dispute letters....

Send this letter to your bank if they threaten to issue a default notice:

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.


The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:
You have fallen behind with your payments,
The amount owed is not in dispute; and
You have not made proposals we are satisfied with for repaying your debt, following our formal demand.
I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

Yours faithfully,

---

Send this letter if the bank or DCA threaten court proceedings:

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

I refer to your letter of **/**/** , in which you advise of your intention to issue court proceedings with regard to the outstanding balance of my account.

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients ******** department and on **/**/** I received a letter from ******** , which acknowledged no such action should be taken on a disputed account and did in fact apologise for previously suggesting otherwise. A copy of the correspondence to which I refer is enclosed for your reference.

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

I look forward to your prompt response.

Yours faithfully

---

Send this letter asking a second DCA to return the account in dispute to the original creditor:

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.
If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines. I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully

---

Alternatively, use the following simplified letter:

After 12 days and non-supply of the agreement send them this letter.

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

I refer to my letter dated XXXXXX in which I made a formal request under the Consumer credit act 1974 sec 77-79 for true copies of the regulated agreement refered to in the above account number. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this account.

To date you have failed to comply with my statutory request and have defaulted in respect of this account. This means that under the CCA you have now committed an offence punishable upon conviction, by a fine, or imprisonment.

Additionally this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.

Consequently I am ceasing all payments to your company until such time as this matter is resolved. It is also my intention to report this matter to the appropriate enforcement authority.

I await your prompt response.

Yours faithfully,

noah271007

Failing that, send a s.10 notice:

Your reference................ .......


Legal notice under the Data Protection Act 1980


To; The Data controller/compliance Manager.................. .................


Dear Sir/Madam,


Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980
I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and
organisations.In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.

In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.
Specifically because;

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to unfair charges currently in dispute,and found by the Office of Fair Trading to be unfair. You can also add other stuff here as is applicable and any or all of the following that apply (since you need to show reasons as to why continual processing will or is likely to cause distress harm or damage)

(ii)That recorded defaults on my credit files by yourselves are in dispute.

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.

(iiiii)That as a data controller/compliance officer,you have a responsibility under the Data protection act to observe all principles set out therein,within the act.


I expect an acknowledgement of your intentions to comply,and if you do not agree,your reasons for being unable or unwilling to do so.

I will give you 14 days to forward this to me in writing.


Under the Data Protection Act,a county court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.

Should you fail to comply,or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.

Yours Faithfully

sutton111

Before I start I would Like to point out I have paid these defaults. Just in case anybody thinks I'm trying to get out of paying them.

sutton111

Noah I've requested the CCA's. Shall I move to step 2 then?

Capital One have supplied my CCA. Not within the prescribed time limits but have supplied it.

Cabot Financial haven't supplied any data.

noah271007

sutton111 wrote: »

Noah I've requested the CCA's. Shall I move to step 2 then?

Capital One have supplied my CCA. Not within the prescribed time limits but have supplied it.

Cabot Financial haven't supplied any data.

Hey Sutton, yes you can move on to step 2. Have you kept all the emails ive sent to you regarding letters? My email account for some reason has wiped off!! No emails in inbox, no emails sent! I think i know who is the person responsible for this!:mad:

Can you scan your CCA from Capital One?

sutton111

noah271007 wrote: »

Hey Sutton, yes you can move on to step 2. Have you kept all the emails ive sent to you regarding letters? My email account for some reason has wiped off!! No emails in inbox, no emails sent! I think i know who is the person responsible for this!:mad:

Can you scan your CCA from Capital One?

I'll scan it later tonight as I'm in the middle of cooking tea.

What time are you going to be online too?

noah271007

sutton111 wrote: »

I'll scan it later tonight as I'm in the middle of cooking tea.

What time are you going to be online too?

Half ten pm i should think i will be available for a good part of an hour or so!

sutton111

noah271007 wrote: »

Half ten pm i should think i will be available for a good part of an hour or so!

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