Sutton's default removal letters

digitalphase

never-in-doubt wrote: »

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.

I don't know if I want to stop paying entirely TBH I wish I'd been making the minimum payments whilst I was disputing the account as I wouldnt be in this mess now :mad: Surely they can't default the account again - I thought accounts could only be defaulted once?

I don't have any qualms about going to court though - I think I have a fair case.

never-in-doubt

never-in-doubt wrote: »

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

Can you answer the above please......

If you don't want to stop paying then pointless arguing cos they have won. The law says you stop paying if they are in default - they are.

I refer to the banking code again for you:

The current Banking Code (Section 13.6) states:

"We may give information to Credit Reference Agencies about the personal debts you owe us if:

• You have fallen behind with your payments,
• The amount owed is not in dispute; and
• You have not made proposals we are satisfied with for repaying your debt, following our formal demand."

wwwtom

jon_boy75 wrote: »

...

Hi Jon,

Thanks for the message of support, I wish you all the luck with your battle too.

It's reassuring to know that it's not just my case where Abbey fail to pull their finger out, although I just wish there was something that could be done about their continual delayed responses.

I began contesting this notice at the begining of this year, albeit down the wrong path. I believe it was actually you who pointed me in the right direction by suggesting that I request a SAR, not quite sure where I'd be if it wasn't for yours and NiD's help. I seriously appreciate it guys

I've also put off applying for a mortgage at the advice of an IFA who failed to get a Mortgage in Principle for me from Halifax.

Its interesting that you mention your opinion of Abbey. I too share the same opinion despite banking with A&L, who have been really good to me (I've got nearly £30k worth of savings / current acc with them)

I'm hoping my SAR pack comes through soon, although at the advice of NiD I've put that to the back of my mind and am focusing on my current letter.

Maybe we should all petition our Muppets of Parliment to come up with a bill of Common Sense. The Common Sense Act 2010.

Thanks again for your support and help so far, and the same goes to you Mr NiD

Good luck,

Tom

never-in-doubt

wwwtom wrote: »

I'm hoping my SAR pack comes through soon, although at the advice of NiD I've put that to the back of my mind and am focusing on my current letter.

Maybe we should all petition our Muppets of Parliment to come up with a bill of Common Sense. The Common Sense Act 2010.

Tom

Don't worry about the SAR - it means little in the grand scheme of things - read digitalphase above to see that just having proof doesn't mean they will act. The SAR won't achieve anything so trust me, just ignore that and when it comes have a laugh whilst you read it!

Agree with the Common Sense Act 2010 - think we could get 500 names to start a petition LOL :rotfl::rotfl:

pinkerton_angel

pinkerton_angel wrote: »

Thank you a million times, will update as soon as I get a reply.

Hi N-i-d
RIght, Next/Cabot letter all sent off, thought whilst I was waiting I would start tackling Littlewoods too, I've sorted all my paperwork now and;


Account started:01 Sept 06
Arrears letter received dated 15th Jan 07, arrangement agreed to pay. (total owed £786.08)
Confirmation of agreement letter received dated 20th Jan 07. (to pay £106 each month for 6 months)
Letter received dated 14th Feb07 stating I had failed to keep to agreed plan, immediate payment of £205.20 due.
Letter received dated 24th Feb07 from Collections Dept (balance £838.08)
Letter received dated 26th Feb07 from Payment Helpline, must pay £328.00
£42.80 paid on 18th Mar 07
Letter received dated 13th Apr07 from Payment Helpline - account in arrears by £400, giving final opportunity to pay arrears before transferring debt to Nationwide Debt Recovery Ltd.
16th Apr07 I wrote to them informing them of financial difficulties, asking them to hold any action on the account and to freeze interest and charges for at least 28 days.
Letter received from NDR dated 27th Apr07 informing me of transfer, minimum payment £607.60 (balance of £817.28)
I sent CCA request to them (Littlewoods) on 17 May07 - recorded delivery.
Letter received from NDR dated 21st May07 giving 7 days notice of default unless payment or satisfactory arrangement is made.
Letter received from NDR dated 13th Jun07 giving further notice of default being issued if I do not pay within 14 days.
Statement received from NDR (produced on 16 Jun07) detailing my payment of £1 (from CCA request) dated 23 May07.
Letter received from Littlewoods dated 5th July07 in response to CCA request giving a blank copy with my name and address typed in. Letter states "With reference to your letter, requesting a copy of the credit agreement. Under sections 77 and 78 of the Consumer Credit Act 1974 we are required to provide a copy of the executed agreement (if any). On the assumption that you have signed the agreement supplied to you at the time of opening your account. We enclose a copy of our agreement, which complies, with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983." - Balance on letter stated £828.28

I replied on 14th Jul 07 telling them they hadn't fulfilled my request or their requirements under the CC Act 1974, telling them they are now in default of my request for not supplying in time. Telling them I would not be making any further payments until they provided me with the document I had requested and they were not permitted to take any action against my account.

Exact same letter received from Littlewoods dated 17th Jul07 with same dodgy copy attached, this time balance had increased to £840.28!

Letter received from Littlewoods dated 3rd Aug07 stating "the entry recorded is an indicator..... The account is recorded as defaulted as payments were not received in accordance with t&c's. The absence of a signed agreement does not mean the debt does not exist, merely that it cannot be enforced.

I wrote to Littlewoods on 26 Feb08 giving notice of intended legal action offering them a full and final settlement of £310.24

5th Mar 08 received a letter from Equifax following a complaint saying that the account no longer appeared on their records, however is now back on again.

10th Mar 08 letter received from Littlewoods exact replica of the one from 3rd Aug07.

That was the last of the correspondence with them, I assume they have executed the default correctly so not sure if anything can be done, however I didn't actually receive a default notice (well nothing to say it had actually been placed although did get the 2 initial ones giving me the notice, is that the same thing?)

Sorry there's so much but really wanted to give as much info as possible this time! Have I missed anything?
Default is listed by Shop Direct Finance Company ltd with a default date of 25th Aug 07

Thank you so much in advance, sorry for giving you more work:o

pinky

never-in-doubt

pinkerton_angel wrote: »

Hi N-i-d
RIght, Next/Cabot letter all sent off, thought whilst I was waiting I would start tackling Littlewoods too, I've sorted all my paperwork now and;

Thank you so much in advance, sorry for giving you more work:o

pinky

Let me get to grips with this lol

never-in-doubt

pinkerton_angel wrote: »

Hi N-i-d
pinky

Hiya

So in a nutshell you had an arrangement to pay, failed to keep to it, they then sent you the default notice (yes you have it), but all the time you had put the account in dispute and claiming hardship?

If so then you already know they cannot add a default or take action if you are claiming hardship and certainly not whilst the account is in dispute. So that is what you want to work on right?

Did you sign up to SDG online or did you ring for a catalogue? How did it all start?

Am I right to assume then that the only payment you made was that £42.80 on 18.03.07?

digitalphase

never-in-doubt wrote: »

Can you answer the above please......

If you don't want to stop paying then pointless arguing cos they have won. The law says you stop paying if they are in default - they are.

I refer to the banking code again for you:

Sorry - the balance is about £680 and I'm paying them £25 a month.

Can they default my account again if I stop payments?

pinkerton_angel

never-in-doubt wrote: »

Hiya

So in a nutshell you had an arrangement to pay, failed to keep to it, they then sent you the default notice (yes you have it), but all the time you had put the account in dispute and claiming hardship?

If so then you already know they cannot add a default or take action if you are claiming hardship and certainly not whilst the account is in dispute. So that is what you want to work on right?

Did you sign up to SDG online or did you ring for a catalogue? How did it all start?

Am I right to assume then that the only payment you made was that £42.80 on 18.03.07?

That's it in a nutshell yes.
I think I signed up online but I honestly can't remember, I don't normally phone anyone if I can help it lol.
Yes, I made a payment in Jan 07 before the arrears and then just that one for £42.80 (and then the £1 from the CCA request credited to my account)
I'm just not sure how to word the correct letter to stop them sending me the same standard reply again.

They've also added in quite a few admin charges since the arrears started, obviously I've not paid these as I've not paid anything but thought it was worth noting.

Thanks
pinky

pinkerton_angel

never-in-doubt wrote: »

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.....

oo just read this N-i-d, very interesting, how does this work then?
The reason I'm so desperate to get these defaults removed is that I'm hopefully about to buy a house -well I own a house currently, no mortgage thanks to fantastic parents who will be paid back when house sells, am moving in with my fiance this weekend and then we hope to sell both houses and buy something new between us, well actually we would love to buy some land and get something built but I'm worried that it's already going to rely on the funds and what we'll be able to get but we may need something like a bridging loan and although we both have well paid jobs I know my credit file is likely to screw everything up.
If this is an option (and sorry if I've misunderstood it) it would be ideal for me. tbh I probably shouldn't be sharing this as these damn defaults have caused me nothing but trouble for the past few years BUT the fact I've got them has stopped me getting credit and I've had no choice but to sort myself out and for me in a way they've been a blessing - as a complete shopaholic if I'd been able to get more and more credit I'd have probably kept taking it but this way I've physically not been able to and had to go cold turkey for a while lol, but now I'm completely reformed and actually glad I've not been able to get any more credit to add to my problems, although obviously I'd rather not have them!!
Sorry for waffling