Sutton's default removal letters

nurse-money

missed payment in May too...

never-in-doubt

nurse-money wrote: »

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.

Hiya

That all makes sense. Ok, so can you confirm did you ever get a copy of the default notice or termination notice? Did you ever get a copy of a notice of assignment (this would tell you that vanquis sold the debt to impact collections)....

These 3 notices form the legal basis of issuance of default and if no paperwork was received they have defaulted! so please ensure you get this right - if you have ever received them please be honest! It wont help telling porkies, just makes you look daft when they reply.

nurse-money

I received from them:

warning that a default would be issued,
the default issued,
Warning that it would be passed to Impact Collections
I was not informed that it actually had been passed to Impact collections until yesterday when I rang Vanquis to sort out next payment...

hope that makes sense, (thank you so much!!)

pinkerton_angel

never-in-doubt wrote: »

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.....

Hi N-i-D, online now for the evening.
Sorry it's all a bit confusing, I've not really known what I've been doing so have just sent letters and tried to get help here and there
The problem with the dispute is that I didn't get the statements I asked for so wasn't aware (and still not) of what I've been charged, hence the dispute.

never-in-doubt

nurse-money wrote: »

I received from them:

warning that a default would be issued,
the default issued,
Warning that it would be passed to Impact Collections
I was not informed that it actually had been passed to Impact collections until yesterday when I rang Vanquis to sort out next payment...

hope that makes sense, (thank you so much!!)

This makes it almost impossible to get out of saying they messed up with non compliance, so therefore an offer sounds best. Are you happy with an offer of £300, for now? Its starts the negotiations.....

never-in-doubt

pinkerton_angel wrote: »

Hi N-i-D, online now for the evening.
Sorry it's all a bit confusing, I've not really known what I've been doing so have just sent letters and tried to get help here and there
The problem with the dispute is that I didn't get the statements I asked for so wasn't aware (and still not) of what I've been charged, hence the dispute.

Hiya

Ok, will be back shortly - let me catch up with everything cos its all scattered throughout the thread.... am a little confused to say the least!

nurse-money

yes £300 for now sounds good, thanks!

never-in-doubt

Hiya,

Start by sending the letter below, as you can see this kinda says that you want all trace of the default removed in exchange for payment of £300. If they refuse, then you'll try for unenforceability and also consider non-payment due to hardship.

Don't worry, it won't get that far (we hope).... remember you cannot speak to them on the phone anymore, everything has to be done in writing. If they respond, post back to give us an update

Good Luck

---

Letter to send to Impact Collections (Vanquis)

---

Impact Collections Ltd
Commercial Collections Dept
Po Box 216
Evesham
Worcestershire
WR11 7WE

Dear Impact Collections,

Ref: XXXXXXXX

I write with reference to previous communication regarding an outstanding balance on the account and your offer to me, to pay a reduced amount. I'd like to make a counter-offer to you, in hope that this will suitably please both parties.

I am prepared to offer a single, one-off payment for the sum of £300 to clear the balance in full, with the removal of the default notice in its entirety as an addition.

As the balance outstanding was disputed, the balance was never paid as I was awaiting additional correspondence and feel that you were too hasty in issuing a default in the first place. As such, I feel a comprimise should be reached that suits both parties. The balance was never left due to any kind of fraud or negligence but due to the amount being in dispute. As a result, should I decide to take this through the County Court there is a high probability that this will become enforced and so to save us both the time and hassle of litigation, I confirm I am more than happy to settle at the agreed rate of £300 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 acceptance of £300 to close this account and I will send a cheque by return.

I look forward to your response.

Yours faithfully,

Sign here

nurse-money

Thank you so much!!!! You have been so helpful, (and patient with me!!)

I will be in touch and let you know how I get on! Thanks again! :-)

never-in-doubt

nurse-money wrote: »

Thank you so much!!!! You have been so helpful, (and patient with me!!)

I will be in touch and let you know how I get on! Thanks again! :-)

LOL, you're welcome - anytime.

I've added a link to your original thread, pointing people here for an update if thats ok with you? This thread gets a lot of views and any replies will help other people out :-)

http://forums.moneysavingexpert.com/showthread.html?p=24135449&posted=1#post24135449