Sutton's default removal letters

catwoman150

never-in-doubt wrote: »

Hiya

Can you tell me is the account defaulted or just in arrears? Have you seen your credit report, what is the debt? have you got an agreement in place? When did you take the facility out? Is is a citicard (credit card) or loan?

Please tell me as much as poss and i'll do you a letter to send off

I took the citicard credit card out about 1999 ish the account is now in default (i have not looked at my credit report) only that they have sent me a default notice out and a letter of termination letter. An agreement - i dont know i think that i ahould of signed one when i took the card out, but that was a long time ago.

never-in-doubt

catwoman150 wrote: »

I took the citicard credit card out about 1999 ish the account is now in default (i have not looked at my credit report) only that they have sent me a default notice out and a letter of termination letter. An agreement - i dont know i think that i ahould of signed one when i took the card out, but that was a long time ago.

so you've had a termination and default notice then? Have you ever admitted this to them on the phone or in letter? Bummer! Thats doesn;t help much....

BUT, chances are the CCA will be wrong, that said they can still leave the default - just not chase you for the debt, please confirm amount of debt and whether you have an arrangement to pay and if so what amount. Although to be fair, i'd be sending the CCA to citi and let them send you it. You stop paying whilst you are querying but to do that you have to put into dispute, so what would you be disputing other than the CCA? Its up to you what you do, either stop paying or carry on paying. I cannot suggest either but I know what i'd do - but thats only cos I know they cannot touch me and if my credit file is already defaulted then sod it, why pay!

catwoman150

never-in-doubt wrote: »

so you've had a termination and default notice then? Have you ever admitted this to them on the phone or in letter? Bummer! Thats doesn;t help much....

BUT, chances are the CCA will be wrong, that said they can still leave the default - just not chase you for the debt, please confirm amount of debt and whether you have an arrangement to pay and if so what amount. Although to be fair, i'd be sending the CCA to citi and let them send you it. You stop paying whilst you are querying but to do that you have to put into dispute, so what would you be disputing other than the CCA? Its up to you what you do, either stop paying or carry on paying. I cannot suggest either but I know what i'd do - but thats only cos I know they cannot touch me and if my credit file is already defaulted then sod it, why pay!

I had a verbal arrangement to pay xxx a month for 12 months on a blalance of xxxxx, before that it was just how much the % of th balance. If thats what you mean.

catwoman150

No i havent told them about the termination or the default notice to either citi or moorcroft.

never-in-doubt

catwoman150 wrote: »

I had a verbal arrangement to pay 130.00 a month for 12 months on a blalance of 14000, before that it was just how much the % of th balance. If thats what you mean.

Sorry, a balance of £14k or £1.4k? Please clarify lol

Ultimately you need to decide if you want to pay it or not, regardless they have no powers to enforce anything so its up to you. If it was £14k i'd ignore them. If £1.4k then you need to be negotiating (letter only) that in order for payment, the default will be taken off. I can sort this for you but you really need to spend some time telling me the info -- its like extracting teeth from a killer shark! lol

catwoman150

xxk I know that its not much. If I decided on paying. Would I be paying citi?


edit the amount so cetain people cant see it

never-in-doubt

catwoman150 wrote: »

14k I know that its not much. If I decided on paying. Would I be paying citi?

£14k is much! LOL.

Ok, why would you want to pay? The default stays for 6yrs and will mean you cannot get credit til it comes off. So pay or don't it will have no difference.

If you want to repay then stick to the original post you made on DFW and send the CCA letter to Citi - you'll pay whoever they allocate, in this case Moorcroft.

Cease payments, and then i'll be able to help so post here.

Hope that helps

catwoman150

i will send a cca request to citi and see what comes of that. The thing that is worrying me os the fact that moorcroft want to take me to court. :eek::eek: and they want full payment or a payment plan that I can't afford at the moment.

jon_boy75

never-in-doubt wrote: »

Jon,

Post a copy up of what you sent mate and i'll have a look at it to get upto date.... my PM's all got deleted as I was full inbox so accidentally emptied it lol.

Cheers mate - catch you laters.....

Dear Mr AbbeyMan,
After recent and numerous communications with you it appears you are still unwilling to remove the default which appears on my credit file and which is wholly unsubstantiated.

I feel this default entry was not only added unlawfully but also without merit as I was in dispute over the majority of the charges, as indicated by your records. Please do not respond and tell me the details I already know. I’m aware I was overdrawn and I’m aware by how much and on which dates. What I’m not aware of, nor have ever been, is the fact you were planning to default me. Usually this would require 2 warning letters followed by an actual default notice, giving me another 14 days to settle the matter.

As you are fully aware I received nothing, which immediately puts Abbey liable to a breach of Consumer Credit Act 1974, in particular s.87(1) of said Act; I quote the relevant parts for your perusal:

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes


·[FONT=&quot] [/FONT]a statement saying the notice is a default notice served under section 87(1) of the 1984 Act
·[FONT=&quot] [/FONT]the name and address of both the debtor and the creditor
·[FONT=&quot] [/FONT]details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;



As is clearly evident from all previous communication between us regards to this default, I never received any such notice and as a result I contest the accuracy of the default and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency (CRA).

If you continually fail to provide this notice you will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notice, I cannot argue the authenticity, enforceability or execution and therefore will use this as my claim if I am forced into continuing legal action, all costs will also be claimed.
I would suggest that Abbey is prone to making mistakes, like in this instance. For example, you failed to respond to the Subject Access Request, you failed to respond fully to my CCA request, your colleagues failed to return my calls about 12 times, incorrect dates were placed on my file. The reason you failed to respond to my SAR and CCA requests for so long is because you are fully aware you have no default notice. I’m certain you wish you did have one, but you don’t.
I do not owe Abbey anything and I do not want anything, except to be fairly represented from a credit perspective.

It would be in both our interests if you simply agree to remove the default being that I did actually make full payment many years ago AND never defaulted in the first place. The original default information posted with Abbey shows that I defaulted, settled and closed the account all on the same day! How is that possible? It’s increasingly obvious that the information posted is arbitrary.
I do feel that leaving the default notice intact only goes to show considerable efforts on your behalf to remain libellous. There are so many inconsistencies with the default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?
As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notice) then the actual default notice that is shown on my credit file is unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day Abbey has acted unlawfully by not issuing a fully compliant and correctly executed legal document.

Therefore, assuming you are happy with my proposal please confirm, in writing on letter headed paper, the following points 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)
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

Failure to agree will result in more formal papers being sent, by return and in the meantime, I look forward to your response within the next 7 days.

Yours faithfully,

never-in-doubt

catwoman150 wrote: »

i will send a cca request to citi and see what comes of that. The thing that is worrying me os the fact that moorcroft want to take me to court. :eek::eek: and they want full payment or a payment plan that I can't afford at the moment.

They cannot do anything - read this! http://forums.moneysavingexpert.com/showthread.html?t=1837507