Sutton's default removal letters

never-in-doubt

wwwtom wrote: »

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

Hi Tom,

To be honest other than court just hold fire - give them more time and let them hang themselves mate....... not much you can do but just sit tight. Give it another 2wks tops...... then head straight to ICO etc - will confirm nearer the time for you.

Dates are important but you have to realise that giving them extra time is the only way - basically, your only other option is court which is daft really. They will respond so let them do it a month later and we'll turn it against them. Also, I always say it is a slow process, can take 2 years just to get a default removed you know?......

dukey

Further great news... I was accepted for the Virgin 0% card over the weekend. Back to normal life at last!

wwwtom

never-in-doubt wrote: »

Hi Tom,

To be honest other than court just hold fire - give them more time and let them hang themselves mate....... not much you can do but just sit tight. Give it another 2wks tops...... then head straight to ICO etc - will confirm nearer the time for you.

Dates are important but you have to realise that giving them extra time is the only way - basically, your only other option is court which is daft really. They will respond so let them do it a month later and we'll turn it against them. Also, I always say it is a slow process, can take 2 years just to get a default removed you know?......

2 years? hohum...ok well basicly as you might be aware i'm trying to get all my things together and in order so that i can proceed with buying a house.

I have the money for the deposit. The developer, the IFA and solicitor are all waiting for this default to be sorted out so I can proceed with the MIP.

If it's going to take 2 years, the default comes off in 3 and so if that is the case by the time Abbey have pulled their finger out, I'll only have another year to wait (albeit with a lot more savings!)

You mentioned before about the possibility of getting the default removed for a month or so? is that still an option?

If i can obtain a mortgage then I don't mind if the default comes back the next month?

Thanks again for all you're help though. I do appreciate it massively.

Tom

oscar52

never-in-doubt wrote: »

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:

Right then. As stated earlier DOA = Deed of Assignment.

Debt - a CC - was originally with HFC, who sold it to HBOS but continued to administer it till Feb this year. HBOS then took over the running of the account. HOWEVER, default was registered on Jan 31, I also have a statement from HBOS for the account - dated March 09.

CCA was applied for in August last year, which was dealt with within the timescales, (as in response in 12 days) but as stated previously, was only a copy app and not an agreemnet - no pres. terms. Reason for the request was due to having problems meeting payments, due to their interest rates (and my reasoning at this time being if I didnt sign an agreement, then I didnt agree to a variable rate contract). Am aware this was not valid, hence stopped payment to them - there is no repayment plan.

Fees and charges have previously been claimed, but more have been added because of this.

No SAR as yet.

Default notice was written on 22 December, to be remedied by 9 Jan. Have already admitted to having this.

never-in-doubt

Oscar52, to be honest it's unlikely they will remove the default; its also unlikely they will now seek a ccj so if I were you i'd be sitting back and not worry about it. Obviously the major concern is the default itself which will, unfortunately, sit there for the next 6yrs... however Statute Barred will kick in before this assuming you've not paid since last August - so in September 2014 it'll all vanish (ages away).......

You could try a couple of things; see if they can produce all NOA's and correct paperwork for transfer between Marbles/HBOS/HFC etc etc - also, if you had the account in dispute back in August when they raised the rate of APR it would be unlawful to then add a default whilst the account is in dispute....

Lots of little things you could play with and do, but personally i'd let things lie for a few weeks and see if they ever respond to your o/s SAR etc... if not then use this as ammunition at a later date if they come back being clever with you....

Its up to you what you do, but i'd lie low for a few weeks then challenge the authenticity of the paperwork and processes involved with the actual transfer of account between lender and also challenge the actual default itself being the account was in dispute.

never-in-doubt

wwwtom wrote: »

2 years? hohum...ok well basicly as you might be aware i'm trying to get all my things together and in order so that i can proceed with buying a house.

I have the money for the deposit. The developer, the IFA and solicitor are all waiting for this default to be sorted out so I can proceed with the MIP.

If it's going to take 2 years, the default comes off in 3 and so if that is the case by the time Abbey have pulled their finger out, I'll only have another year to wait (albeit with a lot more savings!)

You mentioned before about the possibility of getting the default removed for a month or so? is that still an option?

If i can obtain a mortgage then I don't mind if the default comes back the next month?

Thanks again for all you're help though. I do appreciate it massively.

Tom

Hey Tom,

Sorry mate knew the timeline would hurt but in all honesty the only way to hurry things along is court and to be fair, no-one in their right mind would voluntarily want to take a lender to court!

I can think of a few ways to get the default removed, the easiest way is to formally put the account into dispute which would mean they will have to retrospectively remove the default whilst investigating the actual complaint - if they do this though there is no guarantee that it will be offline for a month - it could be a day. How can you tie this in to the day you apply for a mortgage?

Have you considered that you could appeal to the mortgage people and explain the default is incorrect and you're seeking help to have it removed? After all mortgages are based on entirely different criteria....

Have just re-read the letter you sent; http://forums.moneysavingexpert.com/showpost.html?p=23906265&postcount=941

What date did you post it mate and what date was it signed for? I'd be prone to leave them a few more days but whatever, you are in a waiting game cos there is nothing you can do to speed things up - they need to realise their error and fix it. But I think a cpy of this letter with your appeal at the mortgage would suffice - it clearly shows that Abbey were in the wrong and not you......

Come back to me with the dates and then i'll draft a small reply (push) to Abbey but the last thing we want is to seem desperate and cross with mail in transit..... best to allow a few extra days.

oscar52

never-in-doubt wrote: »

Oscar52, to be honest it's unlikely they will remove the default; its also unlikely they will now seek a ccj so if I were you i'd be sitting back and not worry about it. Obviously the major concern is the default itself which will, unfortunately, sit there for the next 6yrs... however Statute Barred will kick in before this assuming you've not paid since last August - so in September 2014 it'll all vanish (ages away).......

You could try a couple of things; see if they can produce all NOA's and correct paperwork for transfer between Marbles/HBOS/HFC etc etc - also, if you had the account in dispute back in August when they raised the rate of APR it would be unlawful to then add a default whilst the account is in dispute....

Lots of little things you could play with and do, but personally i'd let things lie for a few weeks and see if they ever respond to your o/s SAR etc... if not then use this as ammunition at a later date if they come back being clever with you....

Its up to you what you do, but i'd lie low for a few weeks then challenge the authenticity of the paperwork and processes involved with the actual transfer of account between lender and also challenge the actual default itself being the account was in dispute.

NID - we have a little confusion between us it seems.

Marbles/HFC are one and the same one is a brand, the other the bank behind it. It was sold to HBOS, along with several other accounts, or as they like to put it, legally transferred (under project Aviemore) - is all in the T&Cs (to which I couldnt have agreed as no CCA) Appears HBOS then sold to 1st credit (who I incidentally rung earlier - they havnt written as no one has got back to them)

Also re SAR - I havnt requested one (hence not as yet submitted) - confusion my fault here

Never had an NOA for the assignment to 1st credit - not from them or HBOS. Part of the complaint to FOS rested on this and the default not being properly done.

Appreciate what your saying regards 6 years or Stat barred - but was hoping to move out before then. (finding a rich woman may be the answer)

never-in-doubt

oscar52 wrote: »

NID - we have a little confusion between us it seems.

Marbles/HFC are one and the same one is a brand, the other the bank behind it. It was sold to HBOS, along with several other accounts, or as they like to put it, legally transferred (under project Aviemore) - is all in the T&Cs (to which I couldnt have agreed as no CCA) Appears HBOS then sold to 1st credit (who I incidentally rung earlier - they havnt written as no one has got back to them)

Also re SAR - I havnt requested one (hence not as yet submitted) - confusion my fault here

Never had an NOA for the assignment to 1st credit - not from them or HBOS. Part of the complaint to FOS rested on this and the default not being properly done.

Appreciate what your saying regards 6 years or Stat barred - but was hoping to move out before then. (finding a rich woman may be the answer)

Right, sorry mate I follow you now.....

So in a nutshell, you want to send a nice snotty letter to 1st credit disputing the legality of the default as a) the account was not lawfully transferred and b) as a result of (a) the account cannot be defaulted by 1st Credit as they were never the legal owners of said account?

What exactly has happened with FOS and what was your basis of complaint, have they ruled against you? This is important in a way, if they have already found in favour of the lender then its unlikely you have much to fight over....

Just clarify, who registered the default and on what date is the default date?

oscar52

Not too sure about the default, assuming this was HBOS before it was transferred to 1st credit.

Have letter from HBOS terminating agreement dated 13/03 - but have a statement dated 17/03 = actually, looking at this statement (never botherd before) account was purchased in 10/07 - transfer completed on 22 Feb 09 and that they are now the issuers.

Statement also shows interest added (but undated) after the default has been issued?

never-in-doubt

oscar52 wrote: »

Not too sure about the default, assuming this was HBOS before it was transferred to 1st credit.

Have letter from HBOS terminating agreement dated 13/03 - but have a statement dated 17/03 = actually, looking at this statement (never botherd before) account was purchased in 10/07 - transfer completed on 22 Feb 09 and that they are now the issuers.

Statement also shows interest added (but undated) after the default has been issued?

LOL, like trying to extract teeth from a dinosaur! Ok, lets try this approach - have you seen your most recent credit files? If not, can I suggest you apply to see them all (Pay £2 for a statutory copy and send a letter requesting it)..... then when you see the default data i'll be able to help you sort it....

But I would need some info on the FOS complaint as it is imperitive they have not decided against you in which case pointless doing anything.....

You cannot claim interest but any charges can be reclaimed...... again you'd SAR them to see the last 6yrs statements.....