Sutton's default removal letters

never-in-doubt

whipped wrote: »

Don't know if I am on the right forum but here goes.

Last week I was contacted by a claims company which I completley forgot about. They wrote saying that the broker fee that I paid was added to the loan but was shown seperate
The secret commission Blemain (lender) paid to my broker (Ocean Finance) was not in the loan agreement. I did not know anything about this until I received my subject access request back from Blemain, in which the underwriting sheet was enclosed.

I contacted Blemain about this and they said that I should read their terms and conditions in which it states that the lender may pay the broker an extra commission on top.

Even though it may state this in the terms and conditions I never knew anything about this extra commission neither is it stated in my loan agreement with them.

The claims company I have dealing with my claim have advised me that I should be able to get back this commission plus the broker fee that I paid with interest. What they should I believe be doing is try and wipe of all the interest on my loan and then spread the payments out throughout of the loan term.

I am not trying to wriggle out of this but at the same am a bit peeeeed off with what they have done

Blemain could pay off this claims company with a few thousands and get them to try and convince me to take the broker and secret commisson fee with interest back, but I believe that my whole loan agreement should be changed in front of the judge.

This is copied from CAG......

whipped

Yes, I was just trying to get as much advice as possible,

never-in-doubt

pinkerton_angel wrote: »

I couldn't wait till Thursday anyway lol! Been sifting through everything all night. I've just concentrated on the Next one for now as have done most with them, was trying to tackle one at a time, I need to find out all the Littlewoods stuff.
Please find my responses in blue, I hope it's enough info but I do have various letters etc. if you need anything else.
Thanks N-i-D, you truly are an angel :A
pinky

My god! That was hard work! I need a cig......

Ok, so can you post details of the entries from the credit file - so I can see exactly what is there?

I assume at the minute you only want to sort next out? So we'll leave littlewoods until the next letter has been posted yes?

I also need to know amounts you owe, paid, default date etc etc.... see last page for an idea of the info I need!

Right, they are talking rubbish anyway cos they do have to send a default notice and they cannot ask for the money if it is unenforceable, dont they realise unenforceable means they cannot enforce it! LOL, muppets!

Come back to me with details of the default entries off the CRA's and so indication of the letters you have from next, i.e. are you dealing with next or cabot - who did you pay? Who is agreeing to a F&F?

never-in-doubt

whipped wrote: »

Yes, I was just trying to get as much advice as possible,

Have you had a response? The guys on CAG are decent - they can sort this for you as well..... That is why I asked, I dont want to duplicate things as most of the newer people on here dont use CAG....

whipped

Thanks N-I-D I was advised to write to my lender and see what they say, I am bit worried that if I rock the boat then maybe they might call in their loan

never-in-doubt

whipped wrote: »

Thanks N-I-D I was advised to write to my lender and see what they say, I am bit worried that if I rock the boat then maybe they might call in their loan

Sorry mate i'm confused, what and who is a claim company and what exactly is the problem? Are you telling me you have used a claim company? WHY?

Have you defaulted, paid it off what? I'm confused what you're asking for..... if its to reclaim PPI or other 'hidden extra's' then you'd be better going to the right forum..... please advise in laymans terms for me what you are trying to do and what is the problem.

Is this who you got the loan through? http://www.blemainfinance.co.uk/customerservice/index.html i.e. the broker but it was Ocean that gave the money? It is a secured loan on your house isn;t it?

pinkerton_angel

never-in-doubt wrote: »

My god! That was hard work! I need a cig......

Ok, so can you post details of the entries from the credit file - so I can see exactly what is there?

I assume at the minute you only want to sort next out? So we'll leave littlewoods until the next letter has been posted yes?

I also need to know amounts you owe, paid, default date etc etc.... see last page for an idea of the info I need!

Right, they are talking rubbish anyway cos they do have to send a default notice and they cannot ask for the money if it is unenforceable, dont they realise unenforceable means they cannot enforce it! LOL, muppets!

Come back to me with details of the default entries off the CRA's and so indication of the letters you have from next, i.e. are you dealing with next or cabot - who did you pay? Who is agreeing to a F&F?

Ok, here's the entry from Experian:
C17
Name: MISS PINKY
Address: XXXXXXXXXXXX
Date of birth: XX/XX/XXXX
Company name: CABOT FINANCIAL (UK) LTD
Account type: Bank
Started: 27/12/2004
Default Balance : £973
Current Balance : £841
Defaulted On : 23/03/2007
File Updated for the Period to: 05/07/2009
Status history: (this is an 8 - wouldn't copy)
Note:
A defaulted account is removed from your report after six years whether or
not you have paid the debt in full. If you have paid some of the debt off, the
balance should show how much you still owe.

I've actually not long cancelled my Call Credit account (was monitoring all 3) as nothing was changing hence waste of money for the time being.

I'm dealing only with Cabot now. Default given was 23rd Mar 07, debt sold on in Feb 07.

Amount was £973.95
Since default I've paid;
£32.72 18th Mar 07
£100.00 12th May 07
£19.85 13th June 07
£11.47 credited for non receipt of goods/returns.

More things I've just found:
23rd Jul 07 - letter from Lewis Debt Recovery, amount owed £830.16 (not sure how they've arrived at this figure) stating "We have been advised by our client that they are unable to obtain a copy of your credit agreement. However, they are able to provide proof that goods have been ordered and signed for and that you have been making payments." When I asked for this proof they couldn't provide it.

Letter from Cabot - 29 Jan 09 - "We recently advised you that we have been unable to attain a copy of the credit agreement or statements for the account detailed opposite. We would advise that although these documents are unavailable and therefore unenforceable, we are legally obliged to report on this outstanding debt.
In light of this, we are in a position to offer you the following options:
* You can offer a settlement figure: We can come to an agreement to clear your balance for a reduced figure and once the payment has cleared we will update your default status to show as satisfied.
* We can move your account to irresolvable disputes. We would take no further action to collect on this outstanding balance. However, the default would remain on your credit file until the six year default period has elapsed.

I replied saying no deal.

never-in-doubt

the above is for next, right?

when did you say no deal, when did you last have any communication from them? also, can you afford a payment to clear this, even though you dont have to? sometimes its best to make an offer for exchange of removal.....

However first off, i'd be looking to prove legality of default notice issuance but handy to know if you'll be able to offer anything.....

Will be here Tuesday night.... if you answer the queries regards to dates of last correspondence and ability to make payment, that should be enough for me to do your letter tomorrow.

dukey

never-in-doubt wrote: »

They do, however, have to provide a copy of the default notice. Although regards to CCA this is true because they are not issuing credit, it is a utility.

If you give a brief explanation what is wrong and what has happened cos i've been busy, i'll take a look for you. Not promising anything cos utilities are a nightmare unless you owe a balance and can pay it off - then we can bargain with them.

Hi NID,

Sorry for not getting back, I'll do my best to explain below...

I entered a contact with Orange in 2006 / early 2007. I purchased a new phone through P4U on thier website and the tariff was £35 a month for so many minutes and so many texts.

Towards mid 2007 I missed a DD payment as I changed the account I was paying from. They sent me a letter and I paid up (or at least I thought I had). I then paid by DD again as all seemed in order. I got a further letter from Orange stating that I owed then £47. I queried this as I thought that I was up to date. I was given various reasons for the debt but nothing clear so I asked for a copy of what I owed in writing. This went on for weeks. Their customer service is rubbish!
Eventually Orange disconnected my phone which I no longer wanted as I was fed up of them!
After a long drawn out conversation with a manager after I had been disconnected I told them I would pay whatever I owed so long as I could see what it was for as I thought that I was up to date. They sent me a copy of my bills and it appeared that after I missed the DD then rang to pay, the person who I spoke to didn't clear my missed DD. They paid off the next bill. All future bills were paid on time but the one I missed remained unpaid. By the time I had received the copy bills, Orange had sent my account to a debt collection company and put a default on my credit file. As far as I can remember I didn't receive a warning or copy of the default notice. I was willing to pay bills throughout but was not willing to pay for something when I didn't know what it was for.

Orange now claim that I didn't query the bill and are refusing to remove the default. To add insult to this, they recently sent me a cheque for £17.63 as I was in credit with them! They issued the default in Oct 2007 for £47 and I was in credit by £17!! Therefore the most I could've owed was £30. I was hoping that the fact I was in credit was enough to remove the default but they're having none of it.

Any help is appreciated!

jon_boy75

hi NID

I wrote my own version of that letter and PMd you. Let me know if there's anything else you need to progress. I will just send that off for now