Sutton's default removal letters

never-in-doubt

Parki wrote: »

I have sent a CCA request off to Tesco to try and get my default removed as this was a loan. I am quite sure that the dates are wrong for this default as it was a year after I went on a Debt management program.

I decided to phone them up as I also wanted to know the balance just to make sure that it was not overpaid. In the last 5 years I have not recieved any correspondence from them at all. Even though I was using a dmp company at the time other companies continued to send me statements to show the money was being paid off. When I phoned them up they could not find me on the system at all. It appeared after 15 minutes of searching that my address was not on the system or my bank details. It seemed that they had got my address and bank details as that of the dmp company and therefore could not help me. I told them that it was MY account and I should have access to it. They said I would have to phone back, but I do know they keep a lot of their information with a third party supplier.

To cut a long story short I have a feeling if they had changed my details to that of the DMP as soon as I went on it, so I would not have recieved a Default notice.

Is that illegal as it seems very wrong as I was never informed.

Lots to ponder with your 501 questions so best advice first off is to read this link here: #90

Regards to whether the default was lawful depends on numerous things, you can put account into dispute whilst you argue the legalities of course - but if the last payment was 5 years ago then wait another year and use Statute Barred process.

Pointless trying to fight over a technicality if you don't have to mate :beer:

Parki_2

Yeah I am not too fussed about it. I would like the default removed but I was just intending to ask and no more. It only has a year left to run. But I would like to know the balance.

noah271007

Parki wrote: »

Yeah I am not too fussed about it. I would like the default removed but I was just intending to ask and no more. It only has a year left to run. But I would like to know the balance.

Get it checked out mate.... if it has a year left, why don't you hassle the lender to remove it. You would be surprised how easy for them to back down and remove the default! Good luck, if need help, you know where to go!

Parki_2

Well I have wrote to them anyway as I want access to some information as they cant seem to help me on the phone. I would like to know when it was paid off and make sure it has not been overpaid so I have enquired about the default in my letter. Perhaps I should have done it a while ago. I wont go too far to get it removed but I would want to know why they have not got my address on their system and why they havent ever sent me any correspondence.

donmonster

Never-in-doubt many thanks for the advice - and I will look into the bank account link now - apologies for not replying to thank sooner but couldn't find the thread - then realised i could search by user name!!

Nationwide said i could get an account but only with a cash card which seems to be all I get offered but as I said I will check that link now.

Thanks

never-in-doubt

donmonster wrote: »

Never-in-doubt many thanks for the advice - and I will look into the bank account link now - apologies for not replying to thank sooner but couldn't find the thread - then realised i could search by user name!!

Nationwide said i could get an account but only with a cash card which seems to be all I get offered but as I said I will check that link now.

Thanks

Cheers for the update - we're here to help anytime

The link you want is here: http://forums.moneysavingexpert.com/showthread.html?t=1626277

But try different banks as Nationwide isn't the best for basic banking; i'd be looking at HSBC (Visa debit card) or Barclays (Visa Debit Card).....

xgingerx

HI, I have read loads of threads on removing defaults but have only heard of an elite few who appear to have had success in them been removed.

I think we would all be interested as to the success rate and how they had success.

Thanks

duggie1982

xgingerx wrote: »

HI, I have read loads of threads on removing defaults but have only heard of an elite few who appear to have had success in them been removed.

I think we would all be interested as to the success rate and how they had success.

Thanks

I think as long as you keep on top of things as it can take a good few months to get results.

never-in-doubt

xgingerx wrote: »

HI, I have read loads of threads on removing defaults but have only heard of an elite few who appear to have had success in them been removed.

I think we would all be interested as to the success rate and how they had success.

Thanks

Its not so much that there aren't success stories but a lot of one time posters come to MSE/CAG and get the help and never return, also a lot of them enclose gagging orders in that they will remove the default but you mustn't say anything public (scared of opening floodgates).

TBH it does work, judges do act on enforceability and lenders are losing money as a result but there are a select few taking the mickey and as such a distict judge in cheshire has requested a test case go though, similar to bank charges.

Now this judge could be seen as one of two;

a) consumer friendly so he is trying to get judgement so that will speed up future claims

or

b) anti consumer so he is trying for judgement that will allow lenders to win, i.e. you had a card; you used the card? Yes? well then you owe it so repay it - court adjourned! Get the scenario?

Anyway, luckily the judge cannot pick option b as there have been too many high profile cases to date namely wilson and rankine.

Hope this clears up for you.

Ninjapig

Hi all,
according to my experian report I defaulted on a loan with Abbey July 2006, then settled the default September 2006, I'm roughly 3 years into my 6 years before the default is removed. Some problems though:
1. I wasn't informed of either my missed payments or that I was at risk of defaulting.
2. I was asked to clear my balance by a debt collection agency Jan 2007 (I think but not sure). I know I paid the balance in full once I received the letter (within a month to my knowledge)
3. I queried the outstanding balance prior to the default, but during missed payments but was told "Your loan doesn't exist, you must have paid it off"
4. Minor problem: Loan is registered to an address I was at for 1 year, but starts the year before I was at the address and runs for 3 years??? I informed Abbey of my change of address but through (numerous) phone calls and visits was told just once that loans are separate from accounts? Why didn't they tell me this when I was changing my address?
5. I want to obtain more details from Abbey and the debt collection agency for specific dates but Abbey have thus far been useless.

Not sure what to do but I feel I've had a default on my account unfairly as I wasn't informed until debt collection, then I paid asap so why was it recorded?