Sutton's default removal letters

pinkerton_angel

never-in-doubt wrote: »

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.....
I said no deal late last year and then again in March/April (will confirm exact date when I get home), they received my last letter on 6 May 09, but things seem to take forever to get to them or be actioned. They then wrote to me on 21st May saying they had my complaint (about them phoning up all the time requesting money when I didn't owe it) and that they would respond within 8 weeks. I'm pretty sure they didn't send a response after that but again I'll double check when I get home.

I guess I could afford to clear it if I had to (altho am saving for my wedding next year :j) however my concern is that I'm disputing how much I owe them because of non-delivery etc. and have already offered them a reduced amount in full and final settlement and wouldn't want this to look like I was accepting I owed that much.

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.

Thanks again
pinky

never-in-doubt

Dukey,

Try sending the following letter and see what happens. Make sure you send it to the address i've quoted and add your old mobile/account number where prompted. They should not leave the default standing and it may mean getting a court order for removal but we'll try the threat for now and see what happens.

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Letter to send to Orange Communications

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Orange Personal Communications Services Limited
Serious Complaints Department
St James Court
Great Park Road
Almondsbury Park
Bradley Stoke
Bristol
BS32 4QJ


Dear Orange,

Ref: XXXXXXXX

I write with reference to previous communication regarding an unlawful 'Default Notice' registered against me, by Orange.

The background of my complaint all stems back to when I signed up with Orange as a new customer at the back-end of 2006, on a 12 month contract at £35 per month. This bundle included provision for free texts/minutes etc as requested.

In the summer of 2007 I changed banks and wrote to you confirming my new details and also telephoned customer services, just to confirm everything was okay and that my request had been successful which was confirmed to me at the time by one of your CSO's. Then, rather surprisingly a few days after the payment date I get a letter advising that the payment had not gone through and to call and pay the arrears, which I immediately did - the day I received the letter in fact. I was told that my account had been brought up-to date and that the Direct Debit would be collected as usual, the following month.

However, not long after the next months payment, I received a letter advising me that I was in fact £47 in arrears which was wrong, because i'd just paid the bill via Direct Debit. I was being passed from pillar-to-post with a host of different staff picking up the case, requesting payment, refusing to confirm what the debt was for and pretty much just not having a clue; how could I make payment when nobody at Orange could tell me what the payment was for?

Then, out of the blue, my phone was disconnected. This was the final straw and so I telephoned yet again and this time spoke to a manager for some time, still unable to confirm why my account showed a debit balance of £47. Obviously, with no clear explanation as to why the account was in arrears I was advised not to make payment, by your own staff. Eventually though, you 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 actually paid off the folowing bill meaning all future bills were paid on time but the one missed remained unpaid.

As a result of this one small mistake, 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, actions both of which are unlawful when an account is in dispute which mine clearly was. Then, to make matters worse, you refund me (by cheque) £17.63 confirming that I was actually in credit with you, to later find out you issued me a default (Oct 2007) for £47 when in fact I was in credit by £17.63 the whole time.

It would be funny if not so serious.

I therefore demand immediate removal of this default, that should never have been placed against me. I also feel that as a gesture of goodwill, due to the fact this has been libellous against me for over 2 years and was wrong in every sense, even as far as liability of alleged debt, you should make a suitable offer of recompense for my troubles.

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"

As a result of all the above, I feel it would be in both our interests for you simply remove the default forthwith, make me a suitable offfer of compensation and respond with your appropriate apology.

I should be looking to report this matter to the relevant authorities, however I am more than happy to give you one last change to sort things out, so to save us both the time and hassle of litigation, I confirm I am more than happy to leave things as they are 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 of compensation you are prepared to offer and I will respond by return. In any case, the default should be removed immediately, without delay.

I look forward to your response.

Yours faithfully,

Sign digitally

nurse-money

I have a credit card with Vanquis, which has been passed over to Impact collections. It has a balance of £1000, they have me to set up a payment plan to get rid of it.

Can I still write and request the CCA etc...?

I took out the credit card in 2006 and filled in all the forms I'm sure over the internet, so dont think I will have ever signed a CCA?

I have defaulted and they have issued it and it has been passed to Impact collections. When I spoke with them they offered me to pay 50% (1/2 of £998 balance) in total to have the account closed off, so £498. I said I would think about it.

Otherwise I would have to pay 6 instalments of £166 to settle the full outstanding debt of £1000.

Would you recommened I take the payment of £498 and just settle it, but asking for the default to removed?

Thanks in advance...

never-in-doubt

pinkerton_angel wrote: »

Thanks again
pinky

Hiya

deffo need more info, you need to come online and spend an hour answering the points otherwise it'll be impossible to do this for you. Its already getting confusing enough.... try and give me all relevant info in one post

Also, what are you querying regards to non delivery, how much exactly.....

never-in-doubt

nurse-money wrote: »

I have a credit card with Vanquis, which has been passed over to Impact collections. It has a balance of £1000, they have me to set up a payment plan to get rid of it.

Can I still write and request the CCA etc...?

I took out the credit card in 2006 and filled in all the forms I'm sure over the internet, so dont think I will have ever signed a CCA?

I have defaulted and they have issued it and it has been passed to Impact collections. When I spoke with them they offered me to pay 50% (1/2 of £998 balance) in total to have the account closed off, so £498. I said I would think about it.

Otherwise I would have to pay 6 instalments of £166 to settle the full outstanding debt of £1000.

Would you recommened I take the payment of £498 and just settle it, but asking for the default to removed?

Thanks in advance...

Hiya,

can you afford to make a payment? If so what is the maximum you can afford? Personally, i'd make an offer - i'll do you a letter now, if you tell me the maximum you can afford.

I wouldn't fight this, its still too early in and with them offering you the option, i;d take it.... on your terms of course....

How much can you afford, and would you be happy to make a payment?

nurse-money

Thanks,

I have £380 cash I can get my hands on now to settle it? I will be so glad when I can finally say I dont have a Vanquis card anymore!

A letter would be fab thanks!

never-in-doubt

nurse-money wrote: »

Thanks,

I have £380 cash I can get my hands on now to settle it? I will be so glad when I can finally say I dont have a Vanquis card anymore!

A letter would be fab thanks!

Just do me one last fave - confirm this £380 is not a payday loan as they are actually worse than Vanquis and i'd hate to encourage you to get into debt with those muppets

Have you actually been defaulted or are you simply in arrears? Please confirm..... are there late payments registered or an actual default or neither?

I'll be back at 9.30 ..... smoke time!

nurse-money

No I have opted NOT for the payday loan!!

I dont want another one of those again ever, if I can avoid it. I have a little left over from this month's salary and I have been given some money from my family, = £380

I have had a default notice issued...

never-in-doubt

nurse-money wrote: »

No I have opted NOT for the payday loan!!

I dont want another one of those again ever, if I can avoid it. I have a little left over from this month's salary and I have been given some money from my family, = £380

I have had a default notice issued...

Ok, so when did you miss paying and when was the default notice issued? Who added the default, the DCA or vanquis? Who made you the offer, vanquis or the DCA....

You know what details I need, lol, read the thread - stop making me fish for answers!

nurse-money

Sorry! I'm not very good with stuff like this...! :-(

The default has been issued by the DCA, I missed paying in Feb/March/April. Default issued in June. The debt was £1250+ and I paid them £250 in July and then £60 on August 1st, although these payments were made to Vanquis...Were the account now lies with a balance of £998

The DCA has made the offer, which is Impact Collections, Vanquis will no longer speak with me regarding it.