Sutton's default removal letters

rabshek

Cheers for this man.

Will let you know what's going on 'blow for blow'.

Off to bed now before I turn into the Incredible Hulk against my wife :mad:

Bob

never-in-doubt

wayne99 wrote:

Hi, how are you ?

I have finally recieved my credit reports from equifax lol, i wil post on your thread over the weekend, i need your help with something else, i think the letter below explains all

Wayne,

Send this letter to T-Mobile.....

Keep me posted on this thread...... :beer:

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Letter to Send T-Mobile

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Customer Services
T-Mobile
6 Camberwell Way
Doxford Technology Park
Sunderland
SR3 3XN

Dear T-Mobile,

Ref: XXXXXXXX

I write with reference to the above numbered, closed account. After recently obtaining a copy of my credit file, I was extremely concerned to note that you'd added a default notice against me dated July 2009.

I feel this default entry was not only added unlawfully but also without merit as I was never in arrears and telephoned to cancel my account in full back in January 2009, which immediately puts T-Mobile liable to a breach of Data Protection Act by processing incorrect data about me.

In January I decided to ring and ask about upgrading my Solo package to a full contract, which was subsequently declined thus I requested immediate closure of my account.

I was told this was fine as I was on a 30 day rolling contract and was also advised that my final invoice would be sent to me in the coming days. This was confirmed by your Filipino callcentre (0845 412 5000).

The final invoice never arrived and the next thing I know I received a letter from your debt collection agency demanding payment of £70 odd. I questioned what this was for and confirmed to them that the contract was cancelled and paid up, thus resulting in a zero balance. They advised that they would contact the Original Creditor (T-Mobile) for clarity and get back to me.

However, the threatening letters and calls were continual on a daily basis and after being totally worn down I opted to pay the requested amount of £55 - all the while disputing this amount and the reasoning behind the invoice, which to this day has never been explained to me.

I paid Buchannan Clarke and Wells the requested £55 payment and went to seek legal advice about the matter. The main points of concern are as follows:

1. The amount requested of £55 does not match the default amount of £70

2. No action was permitted to be taken once my account went into dispute

3. No formal default papers were ever served

As is clearly evident from the above, this is an unlawful default. I never received any such notice and as a result I contest the accuracy of the default and until such time you can provide proof that you acted responsibly and lawfully, you must remove all derogatory data from the files of any credit reference agency (CRA).

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notice) then the actual default notice that is shown on my credit file is unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing a fully compliant and correctly executed legal document.

There are so many inconsistencies with the default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

Therefore, assuming you are happy with my proposal please confirm, in writing on letterheaded paper, the following points will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

Failure to agree will result in more formal papers being sent, by return and in the meantime, I look forward to your response within the next 21 days.


Yours faithfully,

Sign here digitally

EBx_2

Hi never-in-doubt,

I am really hoping you can help as we have run out of options.
My partner is trying to remove a default from his credit report. We sent a letter very similar to the one you have posted on this site (requesting proof of the notice of default) and we received back a letter quoting a different section of the CCA saying as we no longer owed any money that they didn't have to send us any proof of the default, although they did bank the £1 cheque. Is this correct as the default was only added 9 months after the outstanding amount was paid in full and we were told that this would not affect his credit rating? If he had been notified about this debt at any point previously he would have paid immediately. Is it worth sending the further letter you have posted on the site? I don't really understand the longer letter and was hoping you could clarify if the stronger letter would apply to our situation?
I hope this makes sense and any help/advice you could give would be greatly appreciated.
Kind Regards
EBx

Just a small thing to add. My partner isn't even sure what the debt was for as he originally thought it was for a laptop but when I questioned him the dates and amounts owed don't match up. He paid up immediately without getting any information as to what it related to. I’m not 100% sure it is even his debt. I’m not sure if this makes any difference but thought I should include it.:) sorry for the long post.

never-in-doubt

EBx wrote: »

Hi never-in-doubt,

I am really hoping you can help as we have run out of options.
My partner is trying to remove a default from his credit report. We sent a letter very similar to the one you have posted on this site (requesting proof of the notice of default) and we received back a letter quoting a different section of the CCA saying as we no longer owed any money that they didn't have to send us any proof of the default, although they did bank the £1 cheque. Is this correct as the default was only added 9 months after the outstanding amount was paid in full and we were told that this would not affect his credit rating? If he had been notified about this debt at any point previously he would have paid immediately. Is it worth sending the further letter you have posted on the site? I don't really understand the longer letter and was hoping you could clarify if the stronger letter would apply to our situation?
I hope this makes sense and any help/advice you could give would be greatly appreciated.
Kind Regards
EBx

Just a small thing to add. My partner isn't even sure what the debt was for as he originally thought it was for a laptop but when I questioned him the dates and amounts owed don't match up. He paid up immediately without getting any information as to what it related to. I’m not 100% sure it is even his debt. I’m not sure if this makes any difference but thought I should include it.:) sorry for the long post.

Hiya

Can you confirm if you have seen your credit records so you can confirm who added the default and the amount and default date?

Who is chasing you, who did you pay and who is the original lender?

If you provide me dates etc and enough info then i'll sort you a letter to send, the letter they sent you is kinda half right in that they do not have to send a CCA if there is no balance, they will be hiding under The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. However, they won't know that this is utter bollox cos it doesn't apply to default notices.

I'll be on around 7pm so if you can be here then we'll go over things and get this sorted for you....

EBx_2

On 12th September 2008 he received the first letter from Thames Credit stating he owed £733.93.
That same day he paid the full amount they asked for, reduced to £549.75 because he paid quickly (without any proof of what the debt was for) and they said that this was not going to affect his credit rating. The original lender was GE Capital.
He then received two further letters from Thames Credit, one confirming, on the 16th September 2008, the payment amount and the other confirming the account had been cleared and nothing further owed on the 3rd October 2008.
We thought that was everything sorted. When we did a credit report on the 2nd June 2009 there was no record of the account or any default.
After we got married we tried to open a joint bank account in July 2009 and the application was declined due to my partner’s poor credit rating. This was a surprise as he has always paid his bills on time and on the 2nd June 2009 had a very good credit rating.
When he got another copy of his credit report on the 27th July 2009 it now showed the account with Aktiv Kapital and the default (the account had never shown previously).
On the 27th August 2009 we sent Aktiv Kapital a letter asking for proof of the default and we received a letter back saying that they didn’t have to supply the information due to the fact that there was no debt owing.

The information held on Equifax says
Status - Settled
Credit Limit - £0
Date Updated - 02/10/08
Start date - 04/02/04
Date last delinquent - 07/07
Date Satisfied - 12/07/07
Default Date - (this is blank)
Default/Delinquent Balance - £733

Payment History
Year 2007 May - default, June – Satisfied

The settlement date is wrong as my partner didn’t know about the debt until 12th September 2008 which is when he paid it.

Experian has a default date of 12/07/07.

Thank you so much for your help. I will try my best to get online at 7pm. J

EBx

nov70

Hi nid with regards to letter you did me to Aktiv Kapital regarding none supply of the credit agreement and removal of the default notice,
the only reply I have had is that all details have been passed to the complaints manager and I will be contacted in due course that was over 2 months ago and I have heard nothing else and the default remains on my credit file, do you advise I do a follow up letter or leave a while longer its been 2 months now! Also have sent the letter you did for me to shop direct will let you know when i get a reply.

never-in-doubt

nov70 wrote: »

Hi nid with regards to letter you did me to Aktiv Kapital regarding none supply of the credit agreement and removal of the default notice,
the only reply I have had is that all details have been passed to the complaints manager and I will be contacted in due course that was over 2 months ago and I have heard nothing else and the default remains on my credit file, do you advise I do a follow up letter or leave a while longer its been 2 months now! Also have sent the letter you did for me to shop direct will let you know when i get a reply.

Mate whats the Aktiv Kapital one? Send me a link please....... I thought it was SDG and I done the letter at the top of this page?

#1161

You need to keep popping in and updating me mate or i'll forget lol

never-in-doubt

EBx wrote: »

Thank you so much for your help. I will try my best to get online at 7pm. J

EBx

Hiya

Back in 10 mins just gotta make a call..... :beer:

nov70

Hi Nid, you did me a letter to send to Aktiv Kapital 6/7/09 when they couldn't send me a copy of the credit agreement, the letter was in connection with removal of the default notice they had registered against me which i sent, and they replied to a week later saying it had been sent to the complaints department and i would be contacted in due course but that was nearly two months ago and as yet heard nothing about the default notice removal, just wondered if i should give tham a nudge or hang fire for a while longer, just done a monthly update on my Cr and its still there, cheers.

never-in-doubt

nov70 wrote: »

Hi Nid, you did me a letter to send to Aktiv Kapital 6/7/09 when they couldn't send me a copy of the credit agreement, the letter was in connection with removal of the default notice they had registered against me which i sent, and they replied to a week later saying it had been sent to the complaints department and i would be contacted in due course but that was nearly two months ago and as yet heard nothing about the default notice removal, just wondered if i should give tham a nudge or hang fire for a while longer, just done a monthly update on my Cr and its still there, cheers.

Hiya

I'll post you a letter to send later ok? Check back and it'll be here by midnight. Have you sent the letter to SDG then?