Sutton's default removal letters

wwwtom

**dancingbutterfly** wrote: »

hiya all!!

well thanks to the brilliant nid ive had a letter saying that my defualt is being removed!!

cheers mate! x x

Awesome news and very positive for those of us who are still waiting.

NiD should be nominated for a nobel prize...or at least a good citizen award!

He's truely awesome

nov70

Hi all, again this morning recieved letter from shop direct 2nd account (Additions) to say as they can not produce the credit agreement and they will no longer pursue me for the debt but again point blank refuse to remove the default notice from my credit file any furthur advice yet on how i can get them to remove this? ( Never even recieved one from them!!!!)Really need my credit file cleaning up lol.

never-in-doubt

nov70 wrote: »

Hi all, again this morning recieved letter from shop direct 2nd account (Additions) to say as they can not produce the credit agreement and they will no longer pursue me for the debt but again point blank refuse to remove the default notice from my credit file any furthur advice yet on how i can get them to remove this? ( Never even recieved one from them!!!!)Really need my credit file cleaning up lol.

Can you post a copy of the letter - It'd help to know exactly what they said - then i'll post you a reply....

never-in-doubt

wwwtom wrote: »

Awesome news and very positive for those of us who are still waiting.

Tom

Cheers mate - haha - Sir N-i-D sounds good

oscar52

Seems to be an absolutly ton of stuff on this thread regarding MArbles - for which I have a question.

An pursuing them for a CCA request, which is currently with FOS awaiting an Ombudsman as the adjudicator said tough titty

Any, back in April, I requested the CCA again from 1st Credit, who sent an acknowledegment letter - I have never heard anyhting from them since.

Is this normal?? - Thought DCAs usually hound people - is it worth getting my file, see if there has been anything registered (default was previously which is part of the FOS complaint) such as a CCJ - nothing has been recieved.

Dont know whether I should be worried or not.

never-in-doubt

oscar52 wrote: »

Seems to be an absolutly ton of stuff on this thread regarding MArbles - for which I have a question.

An pursuing them for a CCA request, which is currently with FOS awaiting an Ombudsman as the adjudicator said tough titty

Any, back in April, I requested the CCA again from 1st Credit, who sent an acknowledegment letter - I have never heard anyhting from them since.

Is this normal?? - Thought DCAs usually hound people - is it worth getting my file, see if there has been anything registered (default was previously which is part of the FOS complaint) such as a CCJ - nothing has been recieved.

Dont know whether I should be worried or not.

Hey Oscar,

Ok, so can you clarify have you got a default/ccj registered against you? Can you elaborate on this please:

An pursuing them for a CCA request, which is currently with FOS awaiting an Ombudsman as the adjudicator said tough titty

What do you mean?

You've complained to the FOS that they have not complied with a CCA Request? lol, sorry am slightly confused

If you can shed more info i'm sure we'll be able to help more. For instance, what is registered against you, what date was it registered, who registered it? If it was the lender (Marbles) then they must be chasing you, if the default shows 1st Credit then Marbles must have assigned the debt and so you seek sight of Notice of Assignment (NOA). Do you owe money, if so what amount and for how long (when did you last pay)....

There is a lot to take into account, all dependant upon your exact position.

However, usually if they cannot find a CCA then they will write saying nothing will be pusued but any default etc would remain. Try and post some details and i'll be able to give you specific help....

Have a mooch here - may help with letters that you send.....

http://forums.moneysavingexpert.com/showthread.html?t=1868507

oscar52

Thanks NID, would have responded earlier, but the auto email seems to have diappeared.

Default was registered in Jan this year, bt HBOS - who then owned the account, was then passed to 1st Credit.

Complaint with FOS is, quite complex. Basically comes from HFC (previous owners of account) refusing to help / lower interest - basically it was variable and they could do what they liked. Thats the reason for the CCA - which they returned an app form, no prescribed terms, with the usual "it says its a credit agreement, so it is" I have not paid since last august. For a while, marbles chased me, then first credit, but wheni asked for CCA, it all went quiet.

Balance was just under 4.3K, but due to charges and interest added when in dispute, has now climed to over 5K.

Have never had an NOA - did write to 1st credit, who advised they didnty have to supply a DOA (which is true) and quoted the rather obscure property of law act 1925.

I have also complained that the default is invalid as insufficient time was allowed to rectify it - was dated 22 December and needed to be resolved 9 jan - enough days just about, but with bank hols and crimbo post...

This is all that comes to mind at present. If you need more, just let us know. I can post up my last letters to ombudsman if needed.

never-in-doubt

oscar52 wrote: »

Thanks NID, would have responded earlier, but the auto email seems to have diappeared.

Default was registered in Jan this year, bt HBOS - who then owned the account, was then passed to 1st Credit.

Complaint with FOS is, quite complex. Basically comes from HFC (previous owners of account) refusing to help / lower interest - basically it was variable and they could do what they liked. Thats the reason for the CCA - which they returned an app form, no prescribed terms, with the usual "it says its a credit agreement, so it is" I have not paid since last august. For a while, marbles chased me, then first credit, but wheni asked for CCA, it all went quiet.

Balance was just under 4.3K, but due to charges and interest added when in dispute, has now climed to over 5K.

Have never had an NOA - did write to 1st credit, who advised they didnty have to supply a DOA (which is true) and quoted the rather obscure property of law act 1925.

I have also complained that the default is invalid as insufficient time was allowed to rectify it - was dated 22 December and needed to be resolved 9 jan - enough days just about, but with bank hols and crimbo post...

This is all that comes to mind at present. If you need more, just let us know. I can post up my last letters to ombudsman if needed.

Hiya

Whats a DOA? Sorry, maybe my mind has gone blank....? (Deed of Assignment?)

Ok, so can you confirm, you had a debt with HFC and this was then passed to the originator Halifax who sold the account to 1st Credit after you defaulted?

You then applied for a CCA and was sent a blanket application and not a true copy of your CCA? If so then they are in breach and the debt is now legally unenforceable until such time they produce said CCA. Have you agreed to a replayment plan with them or is the account sitting in limbo?

Have you reclaimed charges and fees yet?

Have you done a SAR yet?

All the above will help assist you to next levels. Am still confused as to why you're involving the FOS (FSA whatever)..... if its a variable agreement they can change the rates etc..... regards to the default notice, its always best to deny ever getting it - have you confirmed in writing to the lender you had it?

Cheers :beer:

wwwtom

Hi NiD

Hope you had a good weekend,

Abbey have now failed to send any information back from their latest letter (which, in their own words, gave them 15 business days to investigate the issue, or let me know that they need more time). The 15 days expired on Friday, giving Saturday and Today for postage (allowing for bank holiday). I have checked my CR with Expiran this morning and nothing has changed, although it would appear that my report only gets updated on the 2nd so tomorrow I'll check again.

Also, nothing back from the SAR either, although I know you keep saying to forget that.

Last communication from them was the letter I posted.

What's the next step?

Tom

oscar52

NID - will respond a little later - work computers playing, and probably no a goo idea to post when here.... However, DOA is Deed of.... will confirm rest later.