Sutton's default removal letters

never-in-doubt

rabshek wrote: »

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

Many thanks,

Bob

Hi Bob,

You sent the wrong letter mate! They have done the right thing, they have sent the letter to the OC as they have not been assigned the debt.

You now wait for the Original Creditor (debenhams, i.e. GE Money/Santander Cards) to come back with the agreement.

When this comes back check it and if it aint the partners then write and tell them this and they will sort it out. You should have, however, sent this letter: #8

You know nothing of the Debt

Dear Sirs,

Account No:

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully




Sign digitally

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

rabshek

never-in-doubt wrote: »

Hi Bob,

You sent the wrong letter mate! They have done the right thing, they have sent the letter to the OC as they have not been assigned the debt.

You now wait for the Original Creditor (debenhams, i.e. GE Money/Santander Cards) to come back with the agreement.

When this comes back check it and if it aint the partners then write and tell them this and they will sort it out. You should have, however, sent this letter:

Thanks for the prompt reply n-i-d, very much appreciated.

Do you think it is worth my while to send this letter also to them in response to the fact that they have no idea whatsoever about the details of the debt?

Really annoying how people can just stick a default on your file without giving you an opportunity to deal with it.

Thanks again,

Bob

never-in-doubt

Send the following letter to Aktiv Kapital:

Dear Sirs,

Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to Debenhams.

Please find attached a copy of my recent communication to them. I trust the content is self explanitory and that you will cease all collection activity and remove the default without further ado. If you need to confirm my identity then please write back with your requests and I will be pleased to assist in any way I can to get this resolved amicably without the need for litigation.

I respectfully suggest you converse with your contact at Santander to get to the bottom of this as I have only allowed 14 days before I will seek redress through the small claims court.

I look forward to your reply.

Yours faithfully




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Send the following letter to the OC (Debenhams):

Resolutions Team
GE Money
PO Box 700
Leeds
LS99 2BD

Dear Sirs,

Account No: XXXXXXXX

Your appointed representative, Aktiv Kapital, recently contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to Debenhams or GE Money/Santander Cards.

A default has also been registered against me, even though I have never held such an account. Therefore please immediately investigate this and remove this default otherwise I will be looking to take legal action against you for this evident breach of Data Protection and libellous default.

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. The OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed and the default removed, with a sensible offer of compensation for your breaches of Data Protection and Libellous default, which has had a major detrimental affect on my obtaining credit.

The alternative is my reporting of this matter to the relevant authorities such as Trading Standards, Information Commissioners Office and the Office of Fair Trading.

I look forward to your reply within the next 14 days.

Yours faithfully




Sign digitally

never-in-doubt

rabshek wrote: »

Do you think it is worth my while to send this letter also to them in response to the fact that they have no idea whatsoever about the details of the debt?

Send the above letters mate, you send a copy of each with each so you write to GE Money first with a copy of the letter you'll send to Aktiv and then send the Aktiv letter with a copy of the GE Money letter so that both know what you've said to the other and so they can work together to solve it.

I have also asked for compo, you will be looking at around £100 - £250 maximum for this so don't get greedy! It is the responsibility of the OC to sort compo, assuming the default was registered by them (if Aktiv Kapital issued default then they will know what to do with the letter to GE Money so don't worry about it too much)

Keep us updated and best of luck.

rabshek

never-in-doubt wrote: »

Hiya

Yes mate - just get that posted to the DCA asap and also copy it to the original lender as well. Are you 100% certain that your partner never had an account? It could be linked to the dorothy perkins/burton/debenhams etc etc....... If you're definite that there was never an account then i'd treak the letter to suit.....

What date is the default? What date did they send their letter to you?

I will then post you a letter to send - will make it easier for you .

Hey,

Wow you're prompt!

Just spent a little time questioning/arguing with the missus.

She said there may have been something she joined in Debenhams years ago. She said the assistant offered her a free membership that offered a discount on purchases, but she never used it at the time (paying by debit card) and never heard anything about it afterwards so dismissed it from thought.

Still confuses me how women will sign for something without truly understanding what they are signing :rolleyes:

Not sure if this now changes things.

Dates from Aktiv Kapital are:

Started: 20/08/2006
Defaulted: 02/08/2007
Updated: 03/08/2008

Missus sent out CCA letter: 28/08/2009.

Aktiv Kapital reply was dated: 03/09/2009

Thanks,

Bob

never-in-doubt

rabshek wrote: »

She said there may have been something she joined in Debenhams years ago. She said the assistant offered her a free membership that offered a discount on purchases, but she never used it at the time (paying by debit card) and never heard anything about it afterwards so dismissed it from thought.

Woah - hold fire on the above letters! She has taken out a bloody store card hasn't she? :rotfl::rotfl:

Mate, the only thing possible to 'join that offers discounts' is the store card, you get something like 10% off and invites to events (wow!)....

have another word and check exactly what she done mate - me thinks she got the account, moved or whatever and forgot about it. Simple question to ask her, did she hand any dollars over at the counter in debenhams? Probably not cos it would have been charged to the new account, the assistant would have taken your g/f's card to use as I.D when on the phone to GE Money.....

Obviously, if she just got the card through the post and thought, I dont want this and binned it whatever that seems plausible.... whatever though, i'd say she took the account....

Where is the card and statements? Did she move not long after going in the store? see where i'm coming from with this mate?

rabshek

never-in-doubt wrote: »

Woah - hold fire on the above letters! She has taken out a bloody store card hasn't she? :rotfl::rotfl:

Mate, the only thing possible to 'join that offers discounts' is the store card, you get something like 10% off and invites to events (wow!)....

have another word and check exactly what she done mate - me thinks she got the account, moved or whatever and forgot about it. Simple question to ask her, did she hand any dollars over at the counter in debenhams? Probably not cos it would have been charged to the new account, the assistant would have taken your g/f's card to use as I.D when on the phone to GE Money.....

Obviously, if she just got the card through the post and thought, I dont want this and binned it whatever that seems plausible.... whatever though, i'd say she took the account....

Where is the card and statements? Did she move not long after going in the store? see where i'm coming from with this mate?

Hey,

Just spent some more time 'discussing' with the wife :mad:

She never ever received any form welcome letter, statements, or the actual card itself from Debenhams/GE Capital.

She moved out of the address in May 2007 which is plenty of time (9months) for them to have sent her the card/statements.

To be honest, I dont think she had any idea as to what she was signing up for!

Looking through her statements now to find the transaction as she sort of remembers paying for it on her card.

Cheers,

Bob

never-in-doubt

rabshek wrote: »

Hey,

Just spent some more time 'discussing' with the wife :mad:

She never ever received any form welcome letter, statements, or the actual card itself from Debenhams/GE Capital.

She moved out of the address in May 2007 which is plenty of time (9months) for them to have sent her the card/statements.

To be honest, I dont think she had any idea as to what she was signing up for!

Looking through her statements now to find the transaction as she sort of remembers paying for it on her card.

Cheers,

Bob

Hiya

Nice one - so is this recent then? i.e., when was the card taken out 'allegedly'?

If you want, just blag it and send the letters and see what they provide. If they come up trumps with the CCA then you'll be able to see the wifes handwriting all over it so will confirm it then.

Its nothing to worry about, try the threat letter first and see what happens from that - just post a reply up here.

Obviously if she didn't pay using her card in store then they may have added it to a chargecard. Either way, send the letters and see what they come back with - its not fraud if you honestly cannot remember and she moved after 9mths - i'd say she isn't being 100% honest or that she never signed up for the card and it is a mistake. Put it this way, if you sign up to these things they will issue a card - moreso to get you to spend! lol

Let us know what you find but proceed as planned and send the letters - it puts the onus on them to prove it to you....

rabshek

N.I.D,

Apparently the card was 'allegedly' taken out in 20th August 2006 according to the start date on her Credit Report. Not sure how accurate this is though or if related at all.

She's found the statement for her credit card and she definitely paid for a purchase in Debenhams on the 17th August 2006.

I believe her in that she was a little nieve, and that she really wasn't sure what the heck she was signing up for.

She's 100% sure that she never received any form of communication from Debenhams/GE Capital in all the time she lived at that address since that transaction (hence only becoming aware of it now!).

Do you still recommend us sending those letters out first thing tomorrow to both GE and Aktiv or hold fire to see what comes back from the CCA?

Cheers!

never-in-doubt

rabshek wrote: »

N.I.D,

Apparently the card was 'allegedly' taken out in 20th August 2006 according to the start date on her Credit Report. Not sure how accurate this is though or if related at all.

She's found the statement for her credit card and she definitely paid for a purchase in Debenhams on the 17th August 2006.

I believe her in that she was a little nieve, and that she really wasn't sure what the heck she was signing up for.

She's 100% sure that she never received any form of communication from Debenhams/GE Capital in all the time she lived at that address since that transaction (hence only becoming aware of it now!).

Do you still recommend us sending those letters out first thing tomorrow to both GE and Aktiv or hold fire to see what comes back from the CCA?

Cheers!

Hiya

Ok, thats fine just send the letters and let them prove it to you. If they can't then may be able to take court action so leave letters as they are and send them off, yea go for it....

The dates do not add up either, 17th August 2006 was a Thursday - so the start date of the agreement would be 20th August, i.e. a Sunday. Sure she never went back and applied on the Sunday - especially being there was no transaction made on that date (on her credit card)....

Anyway, doesn;t matter at this stage - send letters then lets see what they respond with yea? :T

Side note, look at the credit report again - under the payment history are there any [0] entries? If so this means someone has been paying for the card....