Sutton's default removal letters

never-in-doubt

I think you're getting confused with the actual 'acts'. The specific element of the CCA I refer to is aimed at unenforceability, i.e. lack of Credit Agreement.

You seem to be arguing against online fraud therefore you need to go direct to the bank that issued the card and start from scratch and then go via the legal channels (ICO/FOS/FSA/OFT the lot!). Regards to CCJ, if it was issued incorrectly you need to write to courts surely and explain that it was never your fault and you're not liable. I'd deffo be seeking legal advice - not forum advice.

This seems totally unlawful and you need more specific help - sorry but i'd hate to be in your shoes, what a bloody nightmare.

Who was the bank that allowed the payment to go through and why, at this point did you just not do a chargeback? This would then have sorted everything in one swoop. I am slightly confused with the intricacies of the matter but haven't read it all cos it's not something i'd be able to help with.

Good Luck.

daryus

N-i-d,

Nightmare is an understatement as this nonsense has spanned 5+ years!!
My bank did do a chargeback and the merchants bank informed the merchant, in writing, that they were liable for the chargeback. I have a copy of that letter. Why should that "have sorted everything in one swoop"? Am I missing something? The merchant then circumvented the chargeback process and took me to court. The bank advised me, over the phone, not to correspond with anyone, including the courts, regarding this matter. I followed the banks advice and got the CCJ by default.

Currently, I'm going through the Legal Complaints Service and the Solicitors Regulation Authority to sort out the Solicitors, on both sides, failure to comprehend the merchants breach of Regulation 21, Distance Selling Regulations.

I cannot find any Solicitors who are proficient in this avenue of law so I'm just hacking away at it.

never-in-doubt

daryus wrote: »

N-i-d,

Nightmare is an understatement as this nonsense has spanned 5+ years!!
My bank did do a chargeback and the merchants bank informed the merchant, in writing, that they were liable for the chargeback. I have a copy of that letter. Why should that "have sorted everything in one swoop"? Am I missing something? The merchant then circumvented the chargeback process and took me to court. The bank advised me, over the phone, not to correspond with anyone, including the courts, regarding this matter. I followed the banks advice and got the CCJ by default.

Currently, I'm going through the Legal Complaints Service and the Solicitors Regulation Authority to sort out the Solicitors, on both sides, failure to comprehend the merchants breach of Regulation 21, Distance Selling Regulations.

I cannot find any Solicitors who are proficient in this avenue of law so I'm just hacking away at it.

Mate go to CAG and speak to the court that issued the CCJ cos if it was done illegally (i.e. the bank was in your favour) then show them the proof and they can wipe the default.

Deffo go to CAG - full of lawyers who love a legal battle mate.....

http://www.consumeractiongroup.co.uk/forum/#black-consumer-forums-center

ds11

never-in-doubt wrote: »

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

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

Hi NID
sorry to bother you again but have you had a chance to look at my problem yet??

never-in-doubt

ds11 wrote: »

Hi NID
sorry to bother you again but have you had a chance to look at my problem yet??

Hi mate - sorry will do am extremely busy at mo so not been here much.

You need to check that the CCA's you have been sent contain the prescribed terms. A signature/date is not necessary and all Capital One are doing is telling you that, i.e. if you remember back to the CCA request you do tell them that you want a 'true copy' this means a similar one.

Read post one here and compare prescribed terms and throughout the thread for full details. http://forums.moneysavingexpert.com/showthread.html?t=1868507

A credit card should have the following:

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

Tigerlilley1980

Hi there I have read this thread with interest. I am trying to sort my OH's credit file. He doesn't ever get finance or anything like that but has a default from a stupidly forgotten to be paid Ikea card. He has rang the people that deal with this and they have said they will not remove it. The outstanding baance was paid within a year yet it doesn't say this on the credit file.We are goingt o recheck this tomorrow. The reason for us wanting it removed is we desperately need new windows and can't get any money from the house until the credit file is sorted. He has paid the mortgage religiously for 9 years and Halifax say this is the only thing stopping us getting some money.

What do we do next?

Thanks Tiger xxx

dukey

Never In Doubt you are a super star! I have just checked Equifax and the default has gone!!!! I presume it will update on Experian tomorrow.

Brilliant!
Brilliant!
Brilliant!
Brilliant!
Brilliant!

never-in-doubt

dukey wrote: »

Never In Doubt you are a super star! I have just checked Equifax and the default has gone!!!! I presume it will update on Experian tomorrow.

Brilliant!
Brilliant!
Brilliant!
Brilliant!
Brilliant!

This letter - #1013

Excellent - don't hold all your breath at once mate it could come back! I hope not but lets wait and see eh?

Keep us posted matey :T :T :T

dukey

Yes thats the one. I amended it slightly as I added a bit at the begining saying how disappointed I was with their previous correspondence as they hadn't left a name and contact number but in the main it was the same.

How might it come back?
I'm hoping they will have sent me a cheque as compensation but doubt that lol.

Thanks very much for your help it's really really appreciated!

never-in-doubt

dukey wrote: »

Yes thats the one. I amended it slightly as I added a bit at the begining saying how disappointed I was with their previous correspondence as they hadn't left a name and contact number but in the main it was the same.

How might it come back?
I'm hoping they will have sent me a cheque as compensation but doubt that lol.

Thanks very much for your help it's really really appreciated!

Hiya

It shouldn't come back actually, me thinks it's now gone forever! Well done you -see, with the right choice words you got to them in the end.

Well done. :T :T