Sutton's default removal letters

oscar52

never-in-doubt wrote: »

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.....

Apologies if making as much sense as a chocolate teapot!:rotfl: but it all seems logical when writing it down.:o

Already have copy of Experian report (albeit dated 27/04/09) default is on there dated 31/01/09 - bal £4924 - updated 01/02/09.

Stat (dated 17/03/09) shows balance of £5189.13

never-in-doubt

oscar52 wrote: »

Apologies if making as much sense as a chocolate teapot!:rotfl: but it all seems logical when writing it down.:o

Already have copy of Experian report (albeit dated 27/04/09) default is on there dated 31/01/09 - bal £4924 - updated 01/02/09.

Stat (dated 17/03/09) shows balance of £5189.13

Who registered the default? What name is there?

Was the account transferred after the date of default or before?

oscar52

Halifax card services.

Transfer was actually completed on 22 Feb 09. (but was bought in Oct 07 - FOS have already stated this is fine as T&Cs allow the original creditor to sell the account. HFC at the time got rid of all credit cards (some poor souls even got bought by MBNA)

never-in-doubt

oscar52 wrote: »

Halifax card services.

Transfer was actually completed on 22 Feb 09. (but was bought in Oct 07 - FOS have already stated this is fine as T&Cs allow the original creditor to sell the account. HFC at the time got rid of all credit cards (some poor souls even got bought by MBNA)

So Halifax added default on 31 Jan 09 and then sold account to 1st Credit 22 Feb 09?

If so, as a result the transfer looks fine. As the FOS corrected stated, they can sell the debt but they must provide you with notice (NOA) and also cease contacting you at this point as the debt is no longer theirs to pursue.

However, a lender can allow anyone to commence 'collection activity' against a borrower without the borrower knowing, so although you mention the termination notice (NOT) this was the date HBOS sold the debt on, but they didn't legally transfer it until Feb 09 so they will use the premise they only asked 1st Credit to locate and commence negotiations (i.e. collection activity).

See where i'm coming from? This is a usual stitch-up and unfortunately, water tight in most respects.

oscar52

I think we may have crossed wires again.

Default was added by Halifax on 31/01 - the full transfer of the account from HFC to HBOS took place on 22/02 - prior to this, although HBOS owned the accounts, they were still being administered by HFC.

1st Credit dont come into the equation until 30/03, stating they have been instructed by HFC to recover. 14/04 sees another letter threatening court action. Final letter (at present) from 1st credit dated 23/04 is acknowledgement of my CCA request to them, and also telling me about the DOA and Property of Law Act.

Termination notice from marbles (now under HBOS) was dated 26/02 - so basically HBOS terminated account immediately after taking full control on 22/02 this does advise it will be passed to a DCA. However, have never been provided with an NOA to advise that it actually has been sold to a DCA.

And appreciate your comments on HBOS no longer having the account, but if account was terminated on 26/02 - why do I have a statement dated 17/03 - with further interest charges on?

oscar52

Just giving a quick bump - seeif the last post made moe sense?

nov70

Hi Nid, I have tried to upload the letter you requested from Shop Direct.

Its the one which says they will not enforce the debt but they will not remove the default notice.

It wont let me post a thumbnail or links yet, so I uploaded it to imageshack. The URL is below with spaces added to it, so I could reply!

http:// img4. imageshack. us/i/mselet .jpg/

never-in-doubt

nov70 wrote: »

Hi Nid, I have tried to upload the letter you requested from Shop Direct.

Its the one which says they will not enforce the debt but they will not remove the default notice.

It wont let me post a thumbnail or links yet, so I uploaded it to imageshack. The URL is below with spaces added to it, so I could reply!

http:// img4. imageshack. us/i/mselet .jpg/

Letter is below:

http://img4.imageshack.us/i/mselet.jpg/

My response is here mate: #1161

Send that and see what they say! LOL

never-in-doubt

nov70 wrote: »

Its the one which says they will not enforce the debt but they will not remove the default notice.

Hiya,

Ok send this and send a copy of their letter with it, see how you get on. Just so you know, they are 100% spot on with what they are saying, but we'll try the joker card and see if they bite or not - the following letter is a pure gamble and may backfire (i.e. they may say go for it - in which case you either do go for it or drop it)....

I've addressed the letter to a contact I know at SDG - she may be able to resolve this for you.....

Do a spell check before you print it as I type too fast for my own good!

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Letter to Send SDG

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Kim Boyle
Complaints Management Team
Shop Direct Finance Limited
Sandringham House
Sandringham Avenue
Chelmsford
CM92 1LE


Dear SDG,

Ref: XXXXXXXX

I write with reference to previous communication, in particular your letter to me dated 25 August 2009, a copy is attached for your perusal.

I think maybe you are misinterpreting the actual law, or taking it upon yourself to assume I am lacking the legal knowledge required, because unless I am mistaken the fact that you declare there to be 'clear evidence of a credit based relationship' does not constitute enforceability and as such, it also means that no debt actually exisits. Can you show me an agreement with my signature, that authorised you to share my data? I doubt it and have a letter from you confirming as much. Therefore, I reiterate my original request, under s.78 of the Consumer Credit Act 1974, please provide me with a copy of the alleged signed agreement. If you are unable to do so then I dispute there ever being a relationship and so never gave authority for you to share my information with anyone thus meaning any authority you may feel you have, is immediately revoked under s.10 of the Data Protection Act.

As a result of the above, you should now consider this letter as a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this alleged 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 30 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 30 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: (note the bold entries)

* 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 to the account.

It would be best all round for you to agree to your mistake and erase the entry, failure to comply may result in my seeking judgement for you to disclose the agreement using CPR 31.16. I would be using the argument that without sight of the alleged agreement, there should be no credit data reported and when you fail to provide the agreement I will seek enforcement for removal of data, plus compensation and all costs. This is the expensive defense that I am certain you'd rather avoid?

I would appreciate your due diligence in this matter and look forward to hearing from you, within 30 days.

Yours faithfully,

Sign here digitally

rabshek

Hey folks :T,

Such a useful thread, and I'm sure has been beneficially life changing for many people out there.

Been following this thread quite closely ever since I started house hunting with my partner.

My partner on receiving her Experian credit report recently, noticed that Aktiv Kapital have posted a 'Default' notice for £109 on her credit file in 2007.

She foolishly called them, and the gentleman on the phone made her aware that it was a Debenhams - GE Capital Global Consumer Finance Ltd debt that they had purchased in 2006.

My wife has no recollection of ever owing Debenhams or Aktiv Kapital any monies, or having ever received any form of communication from either of them.

We went through the first stage of the process on this thread by sending a CCA request via recorded delivery and enclosing a £1 postal order.

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They replied on 3rd Sept 2009:

Dear....

We write further to the above matter, and your request for documentation/further information regarding your agreement with the above named Creditor under Sections 77 to 79 of the Consumer Credit Act.

Although we purchased the right to recover the outstanding balance due under the agreement, as we are not the original creditor we do not hold the original documentation for this matter.

In order to obtain this, we will contact the original creditor, as we do wish to provide the information that you require, in accordance with the Consumer Credit Act 1974, in an effort to resolve this matter.

Whilst we endeavour to obtain documents within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information.

Yours sincerely,

Tracy Gordon
Complaints Department
Aktiv Kapital (UK) Limited

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So to all those lovely supporters of this thread and this site out there, what should I do next?

Many thanks,

Bob