Sutton's default removal letters

never-in-doubt

Ninjapig wrote: »

Hi all,
according to my experian report I defaulted on a loan with Abbey July 2006, then settled the default September 2006, I'm roughly 3 years into my 6 years before the default is removed. Some problems though:
1. I wasn't informed of either my missed payments or that I was at risk of defaulting.
2. I was asked to clear my balance by a debt collection agency Jan 2007 (I think but not sure). I know I paid the balance in full once I received the letter (within a month to my knowledge)
3. I queried the outstanding balance prior to the default, but during missed payments but was told "Your loan doesn't exist, you must have paid it off"
4. Minor problem: Loan is registered to an address I was at for 1 year, but starts the year before I was at the address and runs for 3 years??? I informed Abbey of my change of address but through (numerous) phone calls and visits was told just once that loans are separate from accounts? Why didn't they tell me this when I was changing my address?
5. I want to obtain more details from Abbey and the debt collection agency for specific dates but Abbey have thus far been useless.

Not sure what to do but I feel I've had a default on my account unfairly as I wasn't informed until debt collection, then I paid asap so why was it recorded?

Oh dear, not looking good - why did you pay after 3yrs of not doing so? waste of money!

Default will only be removed if there is a fundamental error;

a) was it issued correctly i.e. the date?
b) did you receive a copy?
c) is the account now showing settled/default?
d) when did you last make a payment?
e) have you anything in writing from DCA?
f) have you requested the lender provide copy of deed of assignment of the debt to prove they sold it legitimately to the DCA?

Lots to dwell over and lots of scenarios - can you try and explain briefly what has happened so we can follow it and guide you in right direction!

Ninjapig

never-in-doubt wrote: »

Oh dear, not looking good - why did you pay after 3yrs of not doing so? waste of money!

Default will only be removed if there is a fundamental error;

a) was it issued correctly i.e. the date?
b) did you receive a copy?
c) is the account now showing settled/default?
d) when did you last make a payment?
e) have you anything in writing from DCA?
f) have you requested the lender provide copy of deed of assignment of the debt to prove they sold it legitimately to the DCA?

Lots to dwell over and lots of scenarios - can you try and explain briefly what has happened so we can follow it and guide you in right direction!

Thanks for the quick response.
From the dates I've stated it's a bit misleading. My first contact was the debt collection agency in January 2007 (needs verified) saying "pay £x.xx or court proceedings". I phoned them and they told me I'd defaulted (verbally only). I was then advised to pay asap so I did. All this happened in one month as a family member paid the amount for me.
Whilst it looks like I paid after 3 years, I only found out the details 1-2years after my payment, the last year has been trying to get things resolved. I know I'm in the worst position by paying but I actually thought I'd avoid any problems. It was only in April 2008 when I was refused car finance that I made lots of calls and complaints and found out it was this default that stopped the finance application.
I've since verified that I was at the address the loan was registered to roughly June 2003 - 2004. I'm very confused by the dates...

a) Was it issued correctly i.e. the date?
I have never received a default notice.
b) Did you receive a copy?
As above
c) Is the account now showing settled/default?
Settled as of September 2006, interestingly it was updated on March 2007 two months after I believe the debt collection agency got in touch with me
d) When did you last make a payment?
Last recorded payment February 2006, after that just the debt collection agency (paid in full)
e) Have you anything in writing from DCA?
There's a couple of letters but I've moved to Manchester from N.Ireland so not able to get my hands on them til June when I visit
f) Have you requested the lender provide copy of deed of assignment of the debt to prove they sold it legitimately to the DCA?
Nope. How?

never-in-doubt

Ninjapig wrote: »

Thanks for the quick response.
From the dates I've stated it's a bit misleading. My first contact was the debt collection agency in January 2007 (needs verified) saying "pay £x.xx or court proceedings".

when did you take the account out - rough date? can you name the company who you took account out with and also the DCA - makes it easier for me to work with....

Ninjapig wrote: »

I phoned them and they told me I'd defaulted (verbally only). I was then advised to pay asap so I did. All this happened in one month as a family member paid the amount for me.

Ok, so from this i'm reading that say you rung in march 2007, you paid the full amount by april 2007? You were still living at address of debt or had you moved? did you receive a physical default notice?

Ninjapig wrote: »

Whilst it looks like I paid after 3 years, I only found out the details 1-2years after my payment, the last year has been trying to get things resolved.

So it was deffo in 2007 then yes? what month roughly did you make the payment and how much was it?

Ninjapig wrote: »

I know I'm in the worst position by paying but I actually thought I'd avoid any problems. It was only in April 2008 when I was refused car finance that I made lots of calls and complaints and found out it was this default that stopped the finance application.

Its a lesson learned - but paying means you have more to bargain with and we'll get this removed - trust me

Ninjapig wrote: »

I've since verified that I was at the address the loan was registered to roughly June 2003 - 2004. I'm very confused by the dates...

dates are key here - try and work out rough dates (timelines) so it gives me something to work with when making your letter......

see red bold text below.....

Ninjapig wrote: »

a) Was it issued correctly i.e. the date?
I have never received a default notice.
This is wrong - can't default without notice
b) Did you receive a copy?
As above
as above
c) Is the account now showing settled/default?
Settled as of September 2006, interestingly it was updated on March 2007 two months after I believe the debt collection agency got in touch with me
can you clarify - the CRA report shows settled with a date on 09/06 but you paid March/April 2007? this doesn't matter too much right now though.....
d) When did you last make a payment?
Last recorded payment February 2006, after that just the debt collection agency (paid in full)
Ahh ok so regards to the above, it was settled and sold to DCA 09/2006. Therefore the lender should have a copy of assignment notice - this will be wrong, most are! We'll come back to this later...
e) Have you anything in writing from DCA?
There's a couple of letters but I've moved to Manchester from N.Ireland so not able to get my hands on them til June when I visit
no probs.... but never got an agreement to remove data upon payment? I guess not.... shame
f) Have you requested the lender provide copy of deed of assignment of the debt to prove they sold it legitimately to the DCA?
Nope. How?
dont worry - we'll deal with this later

Ok answers shown above - i'll come back to this when you post answers for me......

Innocent_Guy

Just a quick update for you all. I have been assisting a friend of mine with the removal of a default from an old Halifax loan from 2003. Well he requested CCA from DCA and they have written to him advising him Halifax cannot find the CCA.

Now his problem is not the repayment of the debt it is the impact on his credit file.

I am assume that since there is no CCA there is no authority from him to share his data with the CRA.

I will tonight send him a copy of the section 10 to request the removal of all data.

There is light at the end of the tunnel guys!

never-in-doubt

Innocent_Guy wrote: »

Just a quick update for you all. I have been assisting a friend of mine with the removal of a default from an old Halifax loan from 2003. Well he requested CCA from DCA and they have written to him advising him Halifax cannot find the CCA.

Now his problem is not the repayment of the debt it is the impact on his credit file.

I am assume that since there is no CCA there is no authority from him to share his data with the CRA.

I will tonight send him a copy of the section 10 to request the removal of all data.

There is light at the end of the tunnel guys!

This letter

After 12 days and non-supply of the agreement send them this letter.

[FONT=&quot]ACCOUNT NUMBER: XXXXXXX [/FONT]

[FONT=&quot]Dear Sirs [/FONT]

[FONT=&quot]Re: Account in dispute [/FONT]

[FONT=&quot]I refer to my letter dated XXXXXX in which I made a formal request under the Consumer credit act 1974 sec 77-79 for true copies of the regulated agreement refered to in the above account number. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this account.[/FONT]

[FONT=&quot]To date you have failed to comply with my statutory request and have defaulted in respect of this account. This means that under the CCA you have now committed an offence punishable upon conviction, by a fine, or imprisonment.[/FONT]

[FONT=&quot]Additionally this alleged agreement is unenforceable until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.[/FONT]

[FONT=&quot]Consequently I am ceasing all payments to your company until such time as this matter is resolved. [/FONT][FONT=&quot]It is also my intention to report this matter to the appropriate enforcement authority.[/FONT]

[FONT=&quot]I await your prompt response.[/FONT]

Yours faithfully,

never-in-doubt

Mate you say its for a loan dated 2003 - then it will drop off this year so you need do nothing! what are you upto matey ????? come to n-i-d for help.....

never-in-doubt

never-in-doubt wrote: »

Letter to send is below

Once the 12+2 deadline has passed send them the following letter:

Ensure the words Account in Dispute are clear at the top of the page!

---

Account in Dispute + s.10 Cease & Desist Letter all in one!

---

Account In Dispute

Ref:

Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.
(date = 12+2 days after you sent the CCA request - delete this text)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore;

You are aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 14 days.


Yours faithfully,
Print name do not sign

Ninjapig

It was an Abbey loan because I banked with Abbey (still do strangely...)
DCA - I'll need the original letters for details of who they are and the exact dates

From my credit report:
Jun 2003 - Moved to address on loan
Dec 2003 - Loan Started
June 2004 - Moved to different address (informed Abbey)
Feb 2006 - Last recorded payment made
Jul 2006 - Loan Defaulted
Sep 2006 - Loan Settled

Until this next bit I have no knowledge of a default:
Jan 2007 - Received Debt Collection Letter (First contact that money was owed)
Next day - Phoned to query, "Abbey instructed us to collect outstanding balance"
1 week later - Cheque for full amount £848.00 sent to Debt Collection Agency

Unless the Debt Collection Agency's first letter to me was my notice of default I've received nothing from Abbey which is why I'm contesting this: I was not informed of anything until the debt collection agency sent me their letter. Once I received the letter it was paid asap to avoid further charges.

Mar 2007 - Credit report shows this date as the date that the loan details were updated, but this may not be relevant.

never-in-doubt

Ninjapig wrote: »

It was an Abbey loan because I banked with Abbey (still do strangely...)
DCA - I'll need the original letters for details of who they are and the exact dates

From my credit report:
Jun 2003 - Moved to address on loan
Dec 2003 - Loan Started
June 2004 - Moved to different address (informed Abbey)
Feb 2006 - Last recorded payment made
Jul 2006 - Loan Defaulted
Sep 2006 - Loan Settled

Until this next bit I have no knowledge of a default:
Jan 2007 - Received Debt Collection Letter (First contact that money was owed)
Next day - Phoned to query, "Abbey instructed us to collect outstanding balance"
1 week later - Cheque for full amount £848.00 sent to Debt Collection Agency

Unless the Debt Collection Agency's first letter to me was my notice of default I've received nothing from Abbey which is why I'm contesting this: I was not informed of anything until the debt collection agency sent me their letter. Once I received the letter it was paid asap to avoid further charges.

Mar 2007 - Credit report shows this date as the date that the loan details were updated, but this may not be relevant.

Ok, to be honest your best bet here is to write to them asking if they are prepared to remove all data due to the errors encountered to date, such as no default notice served by original lender nor by the DCA; then go on to say if necessary i'll go to court and have them enforce judgement of removal plus my costs as you are in clear breach of the DPA.

Mention you may also put in a claim for all interest and retrospectively put the account into dispute and meanwhile demand a refund of the £848 paid.

There are a lot of options but to begin, i;d try the soft approach and ask nicely for them to remove data from CRA due to your full compliance and promptness. If they decline then post what they say up here......

Innocent_Guy

never-in-doubt wrote: »

Mate you say its for a loan dated 2003 - then it will drop off this year so you need do nothing! what are you upto matey ????? come to n-i-d for help.....

I think DCA never chased it until 2005. He is going to send me his credit expert file login so I can check it out