Sutton's default removal letters

never-in-doubt

jon_boy75 wrote: »

Hey NID, this one's for you!
I'm kind of dreading this because it's gonna look like I haven't followed your advice, but bear with me.

Fair play to you mate - remember when you file these things, they usually get judgements made within 28 days lol..... maybe the poor court usher had a bad day!

Right, so as things stand you won by judgement right? LOL - that is sooo funny (told you CPR 31.16 works) - which means that they had to provide a copy of said document or they would have defaulted, they did and so judgement has been passed in your favour.

So, did you request costs and/or were any granted? If so then you can seek an enforcement against it (it'd be soooo funny watching the bailiffs walk into the registered office and threaten to remove goods unless they pay up) otherwise you wait for them to set it aside which we both know they will do, eventually.

Personally. i'd be reading this thread on CAG for helpful hints - come back if you need help afterwards.

smt37 vs Morgan Stanley - WON!

By the way, well done :T - it means little right now but it is after all, a small victory and they show the lenders that we mean business!

For anyone wanting to know what the hell we are talking about - read this for an idea of how to deal with the injunction side of things: Useful Info

jon_boy75

never-in-doubt wrote: »

Fair play to you mate - remember when you file these things, they usually get judgements made within 28 days lol..... maybe the poor court usher had a bad day!

Right, so as things stand you won by judgement right? LOL - that is sooo funny (told you CPR 31.16 works) - which means that they had to provide a copy of said document or they would have defaulted, they did and so judgement has been passed in your favour.

So, did you request costs and/or were any granted? If so then you can seek an enforcement against it (it'd be soooo funny watching the bailiffs walk into the registered office and threaten to remove goods unless they pay up) otherwise you wait for them to set it aside which we both know they will do, eventually.

Personally. i'd be reading this thread on CAG for helpful hints - come back if you need help afterwards.

smt37 vs Morgan Stanley - WON!

By the way, well done :T - it means little right now but it is after all, a small victory and they show the lenders that we mean business!

For anyone wanting to know what the hell we are talking about - read this for an idea of how to deal with the injunction side of things: Useful Info

Hmmm, I hope this isn't a slip up that's gonna come back to haunt me. Anyway, I wouldn't say I've 'won' by default yet, just that Judgment has been made by default. This hasn't even made it to court, and they will request to set aside Judgment, because it's Abbey and they haven't made any concessions so far!

I am seeking costs. I actually don't think much will change, as I will still end up in court, unless they request to set aside and the judge tells them to !!!! off for wasting everyone's time.
I haven't used CPR 31.16 just yet, but will do that as soon as I'm allocated (if...?). So, perhaps a small victory. I'm hoping things will be delayed long enough for the FOS to make a decision on the case as that would help me immensely in court.

So, it's a waiting game once more! The fun literally never ends.
I did enquire about the baillifs, but sadly our dream scenario will never happen...it's just some court appointed peeps who send out enforcement letters, over and over again! Rubbish!

jon_boy75

Incidentally, I've never received a copy of my credit agreement, but I'm guessing these don't apply to current account overdrafts...?

J

jon_boy75

jon_boy75 wrote: »

Hmmm, I hope this isn't a slip up that's gonna come back to haunt me. Anyway, I wouldn't say I've 'won' by default yet, just that Judgment has been made by default. This hasn't even made it to court, and they will request to set aside Judgment, because it's Abbey and they haven't made any concessions so far!

I am seeking costs. I actually don't think much will change, as I will still end up in court, unless they request to set aside and the judge tells them to !!!! off for wasting everyone's time.
I haven't used CPR 31.16 just yet, but will do that as soon as I'm allocated (if...?). So, perhaps a small victory. I'm hoping things will be delayed long enough for the FOS to make a decision on the case as that would help me immensely in court.

So, it's a waiting game once more! The fun literally never ends.
I did enquire about the baillifs, but sadly our dream scenario will never happen...it's just some court appointed peeps who send out enforcement letters, over and over again! Rubbish!

quite worryingly, I've read of cases elsewhere where the FOS actually DOES NOT find in favour of the infividual even when the default notice doesnt exist!

makes me believe more and more in the benefits of going to court

ds11

Hi

hope you can help??

I have taken your advise and used your template letters to apply for copies of my cca's to several companies.
These being
Egg x 2 (who have now put the interest rate up to nearly 30%!!!!)
Cahoot (flexible loan)
Capital One
Barclaycard (originally Morgan Stanley then Goldfish then BC) I originally took this out as a balance tranfer on a fixed rate of 4.9% for the life of the balance, they have put the rate up to 25%!!!!

The 14 days are up now and I have recieved replies from Cahoot which enclosed a copy of the original agreement which seems to contain the prescribed terms but not sure, and Capital One who sent me the following

This is an exact quote from the letter they sent me;

"Please find enclosed a copy of your credit agreement as requested. In accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983, this is your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been omited from the copy provded as permitted under Regulation 3 of the Consumer Credit (Cancellation Notices and Copy Documents) Regulations 1983."

I looked up the Regulation 3 and it does seem to say this?

On one page of the agreement it says 'Terms of your Capital One Agreement'
Then overleaf 'CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974'
followed by what seems to be the prescribed terms?
This is not the original agreement and there is no signature or date? (I could scan it?)

I was wondering if you had a template letter I could use to respond to this?

Again, I hope you dont mind me asking you for help but you seem to be the most clued up about all of this (although you must be a saint to spend so much time helping everyone like you do!!)

Anyway thanks so much in advance for any advice you can give me. I would be really grateful.

never-in-doubt

ds11 - i'll come back to this later tonight, just busy right now :-)

Don;t panic - will sort it later for you.

ds11

Thanks - you are good

pinkerton_angel

pinkerton_angel wrote: »

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

Sorry N-i-d, don't mean to bug you but don't suppose you've had chance to have a look at this for me? You truly are magnificent :j
Also, was interested in the clearing credit file temporarily to be able to buy a house and wondered how that worked.

Hope all you DFW's are having a good start to the weekend :beer:

never-in-doubt

Hiya

send a copy of the letter below for a start - see how they swallow that one! At this stage we're not being totally up-front so anything you see that is missing or may not be 100%, don't worry - it's for a reason! PM me for details lol....

Send this recorded - make sure you get a signature as you will need it if it goes to court!

Good Luck.....

---

Letter to send Littlewoods

---

Dear Littlewoods,

Re: XXXXXXXX

I wrote to you on 16th Apr 2007 informing you of my financial difficulties, asking you to hold any action on the account and to freeze interest and charges for at least 28 days. I then received a threatening letter from NDR dated 27 April 2007.

Then, on 17 May 2007 I requested a copy of the executed agreement under the Consumer Credit Act (1974) along with a statement of the alleged account, to include an executed deed of assignment documenting NDR’s involvement, which neither, has ever been received.

I then received a statement from NDR, dated 16 June 2007 detailing my payment of £1 (from my CCA request) dated 23 May 2007 followed by a letter from you dated 5 July 2007 in response to my CCA request giving a blank copy of an agreement with my name and address typed in. The 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."

The balance on this letter shows £828.28 yet a letter 2 weeks later showed a balance of £840.28 - how can it just increase for no reason?

The document you sent, purporting to be a credit agreement, does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required.

Suffice to say none of the terms are present in the document. Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

“127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).”

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

I replied on 14 July 2007 advising you that you had not fulfilled my request or their requirements under the CCA (1974), also advising you that you were in default of my request for non compliance. I also confirmed that no future payments would be made until you provided me with the requested documents, as required by law and also reminded you of your legal obligation not to take any action against me nor report anything to the credit agencies whilst the alleged account was in dispute.

Things seemed fine; 5 March 2008 I received a letter from Equifax confirming the unlawful default was removed from my credit file. Worryingly, I then received an exact replica of the letter you sent with another dodgy copy of an alleged agreement and then the default reappears on my credit file.

Enough is enough. This matter has run its course, Littlewoods have shown that they cannot keep their own records in order and if I am forced to pursue litigation then I will ensure the full wraith of the justice system is brought down on you for the farcical way in which I have been treated. Littlewoods have broken law after law and punishment will be forthcoming if you do not resolve this matter immediately.

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for you to write the debt off and remove the unlawful default. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I expect to hear from you within 12 working days from the date of this letter. Failure to do so will be taken that you failed to comply with my request and I will consider the matter closed and look forward to checking my credit records.

Yours faithfully,

never-in-doubt

pinkerton_angel wrote: »

Sorry N-i-d, don't mean to bug you but don't suppose you've had chance to have a look at this for me?

Sorry took a few days to get my head round it (lol - just kidding) :beer:

pinkerton_angel wrote: »

You truly are magnificent :j

Thats what all the ladeeeeze say :rotfl::rotfl::rotfl:

pinkerton_angel wrote: »

Also, was interested in the clearing credit file temporarily to be able to buy a house and wondered how that worked.

Letter above should make them remove it, albeit for at least a few weeks so when it comes off get applying!.