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Sutton's default removal letters

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  • wwwtom
    wwwtom Posts: 39 Forumite
    Hi Tom,

    Just hold fire until they actually reply to your main letter, just post anything you do get and i'll keep my eyes open for it. Have been away all weekend sorry for the delay!

    Thanks dude,

    I was just worried that they wouldnt progress unless I called them but I dont want to call them!

    Hope you had a nice time away,

    Tom
    abbey : default B]balance: £0[/B || Mint B]balance: £0[/B || CapitalOne B]balance: £0[/B
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Tom

    Just remember your letter takes precedence over any of their internal customer complaints procedure so if they fail to meet your deadline we then pressure them for a reply. You're using the law to fight them, they are using internal policies. You will always get your own way, if you go to court of course!

    Basically their letter is saying ring to give us your number, so we can speak to you if needed. You are under no obligation to and this is why the rest of the letter still goes on to say that it will be passed to a complaint handler who will contact you. Did you send it to my contact Linda Leslie? She is usually quite good but may be a diff dept in all fairness.

    Just sit tight and do not speak if they do ring you, just say please write to me got to go and hang up! LOL

    I went to a wedding, nice break and needed the beer mate - lol.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • wwwtom
    wwwtom Posts: 39 Forumite
    Tom

    Just remember your letter takes precedence over any of their internal customer complaints procedure so if they fail to meet your deadline we then pressure them for a reply. You're using the law to fight them, they are using internal policies. You will always get your own way, if you go to court of course!

    Basically their letter is saying ring to give us your number, so we can speak to you if needed. You are under no obligation to and this is why the rest of the letter still goes on to say that it will be passed to a complaint handler who will contact you. Did you send it to my contact Linda Leslie? She is usually quite good but may be a diff dept in all fairness.

    Just sit tight and do not speak if they do ring you, just say please write to me got to go and hang up! LOL

    I went to a wedding, nice break and needed the beer mate - lol.

    bonjourno,

    Thanks for that, thats reassuring. Reason I don't want to talk on the phone is

    a) no proof of whats said
    b) I'm likely to get muddled up, say something that will then put me back 10 spaces or agree to something I shouldn't

    I did address it to Ms. Leslie, but as you can see the letter came back from someone else (although it looks like a standard print out to me?)

    its only 3 weeks to wait so I've put it to the back of my mind for now, the house I was looking at has now been sold, but there are others available still being built and so I've got plenty of time now.

    You're weekend away sounds nice, beer is always good. There'll be plenty more if we get this default removed! thats a promise! haha :T

    Thanks again for all your help.

    Tom
    abbey : default B]balance: £0[/B || Mint B]balance: £0[/B || CapitalOne B]balance: £0[/B
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    wwwtom wrote: »
    bonjourno,

    Thanks for that, thats reassuring. Reason I don't want to talk on the phone is

    a) no proof of whats said
    b) I'm likely to get muddled up, say something that will then put me back 10 spaces or agree to something I shouldn't

    I did address it to Ms. Leslie, but as you can see the letter came back from someone else (although it looks like a standard print out to me?)

    its only 3 weeks to wait so I've put it to the back of my mind for now, the house I was looking at has now been sold, but there are others available still being built and so I've got plenty of time now.

    You're weekend away sounds nice, beer is always good. There'll be plenty more if we get this default removed! thats a promise! haha :T

    Thanks again for all your help.

    Tom

    Hiya Tom

    Shame about the house but you know how it is, best not to rush and do things right. If i'd klnown that you were house hunting i'd have been able to get the default removed for a set period whilst you make offer and buy as your credit file would be clear, but the default would reappear..... this may be an option if they point-blank refuse which they shouldn't.....

    Mate if they remove the default then great - abbey are quite bad but can be, on occasion, quite good with other things. As I said, I got a gift and £75 for absolutely nothing just for moaning about them messing up my application! I didn't ask for anything, I only wanted them to check what went wrong! lol
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • wwwtom
    wwwtom Posts: 39 Forumite
    edited 17 August 2009 at 10:28PM
    ...

    Wow, I guess it really does pay to speak up.

    I'm kinda hopefull (although I'm not getting my hopes up too much) because the SAR still hasn't turned up. If anyone at Abbey had any sense and this default notice really did exisit, you'd think they'd read my letter...think "oh, he wants to see a copy of his default notice...one momment...here it is, stamp, envelope...done"

    and if they don't have it, then just a simply "oh wait, we never actually sent you one, my bad!, I'll just get that removed for you"

    I know it doesn't work like that, and admittingly, working as a web developer, I'm always coming up with ways to automate the most mundane daily tasks, but it does seem that we have losts the whole "personal touch" when it comes to banks.

    Take for example, Orange. Don't get me wrong, I do like Orange because they have been really good to me, I get 50% off my line rental (I had a nice friendly chat with some girl from Orange and she said she would sort it out...nice!). Anyway, I called them up the other day to change my Direct Debit date. The nice chap on the phone had to access at least 5 different systems just to get my account details up. I feel bad saying this, since it is my career, but I do think we rely on technology far too much.

    Sorry for drifting off topic,

    I shall await Abbey's delightful response!

    Thanks again.

    Tom
    abbey : default B]balance: £0[/B || Mint B]balance: £0[/B || CapitalOne B]balance: £0[/B
  • jon_boy75
    jon_boy75 Posts: 364 Forumite
    Part of the Furniture Combo Breaker
    wwwtom wrote: »
    Wow, I guess it really does pay to speak up.

    I'm kinda hopefull (although I'm not getting my hopes up too much) because the SAR still hasn't turned up. If anyone at Abbey had any sense and this default notice really did exisit, you'd think they'd read my letter...think "oh, he wants to see a copy of his default notice...one momment...here it is, stamp, envelope...done"

    and if they don't have it, then just a simply "oh wait, we never actually sent you one, my bad!, I'll just get that removed for you"

    I know it doesn't work like that, and admittingly, working as a web developer, I'm always coming up with ways to automate the most mundane daily tasks, but it does seem that we have losts the whole "personal touch" when it comes to banks.

    Take for example, Orange. Don't get me wrong, I do like Orange because they have been really good to me, I get 50% off my line rental (I had a nice friendly chat with some girl from Orange and she said she would sort it out...nice!). Anyway, I called them up the other day to change my Direct Debit date. The nice chap on the phone had to access at least 5 different systems just to get my account details up. I feel bad saying this, since it is my career, but I do think we rely on technology far too much.

    Sorry for drifting off topic,

    I shall await Abbey's delightful response!

    Thanks again.

    Tom

    Hi Tom

    I wish you all the luck in getting this removed, but take it from me, it wont happen anytime soon. I really hope it does for you, but I've been battling Abbey for 6 months now and nothing has happened. They even admitted they dont have the default notice, but claim I still defaulted.
    I didnt receive it, they dont have it, you would think common sense would prevail, but no. I dared challenge them for bank charges years ago, so I can only conclude this is their revenge. I'm serious too, I cannot think of another reason why they wannt to screw me like this.
    Anyway, I am in the final stages before a decision is taken by someone else. I have complaints outstanding with the ICO and FOS, plus just about to start court proceedings.
    AND, for the last 3 months I've had NID helping, who has been amazing all along. I am now waiting for a reply to this letter to decide how I proceed.

    It all takes a great deal of patience, so much so that I postponed even trying to get a mortgage for a year. All this will come out in court of course if it get's to that, which is looking increasingly likely day by day.
    I feel I'm at the end of the 'diplomacy' route. I also got a reply to my SAR...nothing in their to indicate the existence of a default or default notice. I even have a letter from 2006 stating they have no record of adverse info being recorded, not to worry.

    My opinion of Abbey could not be lower. Good luck fella. NID will sort you out for sure, just listen to him!!
    Jon
  • digitalphase
    digitalphase Posts: 2,087 Forumite
    Hi NID, I have finally got a reply from Marbles about removing the 5 late payment marker. They are still saying they won't do it. They seem to think I am asking them to remove it because of the charges being refunded to me, but the reason I want it removed is because it shouldn't have been put on there while my account was in dispute.

    I have attached a scanned copy of their letter for you to look at, and wondered if you'd be good enough to help me with a reply.

    I intend to keep fighting them to get this removed. Is contacting the FOS the next stage? Should I write back enclosing a copy of the banking code where it mentions about accounts being in dispute?

    img095a.gif
    img096.jpg
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 19 August 2009 at 7:46PM
    Hiya

    Have you actually claimed charges and had them repaid? If so when...?

    I'll do the letter for you, ignore their 'final response' as it matters little when they misinterpret your whole complaint!

    It may be an idea to send a copy to the FOS as well as Marbles..... just confirm whether you have had charges. I need to catch up a bit with the history as i'm unsure what has happened to date lol... :confused:
    Ok letters sent etc are all here for refreshing:

    Letters

    1st - #610
    reply - #707

    2nd - #710
    reply - #1068
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • digitalphase
    digitalphase Posts: 2,087 Forumite
    Hiya

    Have you actually claimed charges and had them repaid? If so when...?

    I'll do the letter for you, ignore their 'final response' as it matters little when they misinterpret your whole complaint!

    It may be an idea to send a copy to the FOS as well as Marbles..... just confirm whether you have had charges. I need to catch up a bit with the history as i'm unsure what has happened to date lol... :confused:

    Yeah, basically my account was in dispute as I was disputing the sum owed as more than half of it was made up of charges.
    They did refund them, after months of letters too-ing and fro-ing and going through the small claims court.
    They say they did it as a goodwill gesture, which is !!!!. They did it because I'd take them to court otherwise, and they know their charges were unfair and unlawful.

    I had to use the money I got back, so was unable to clear my account. I still have a debt with them which I am paying a few pounds over the minimum payment each month. They replaced the default '8' with a '5' late payment marker.
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    edited 19 August 2009 at 7:49PM
    Ive edited my last post

    How much are you paying them? what is the balance? What did they refund you?

    I'll do your letter later and it'll be here to send by midnight lol....

    We'll do two, one to the FOS and one to Marbles - as your 'final response' at which point you HAVE to stop paying. Are you prepared to do this, bear in mind they could default you and the only option then would be court (gulp) but its so glaringly obvious you'd win.
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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