Sutton's default removal letters

never-in-doubt

never-in-doubt wrote: »

I'll just sort you a couple of letters - give me 5mins :beer:

Hiya

In fact this is a little more complex. I'm inclined to ask GE for proof of account, but then again you need this before you can jump in all guns blazing with threats.

I suggest that you get on and contact the CRA (equifax/experian) and ask them for the full account number for the debt and also the address and phone number of the lenders. They will respond and then i'd suggest he rings GE Money and quotes the reference and explains everything to them, that you've typed out to me.

I dont see the point in writing letters when really he should never have paid and as he did so he needs to contact the OC to reclaim the monies paid. All writing letters does is delay things, he needs to start at the top and go direct to the people who claim he owed them in the first place but beware, you know they will say the same as me 'you paid - why?'

I cannot invest time in this i'm afraid, it goes against everything I believe in. I mean, I cannot get over the fact he paid for this - sorry but its really thrown me. I'm sat here thinking about what would be best and I keep coming back to square one, he paid. If he didnt owe then he wouldn't have paid.

The lender and DCA will say the same. Unfortunately anything I help with will be a waste of time as he paid. Therefore he must owe them. Only a court or lots of fact finding will resolve this matter. Its too complex for me to get involved in i'm afraid.

Arghhhhhh :eek:

I am angry at him even though I dont know him cos its the most stoooopidest thing to do.

EBx_2

never-in-doubt wrote: »

Hiya

In fact this is a little more complex. I'm inclined to ask GE for proof of account, but then again you need this before you can jump in all guns blazing with threats.

I suggest that you get on and contact the CRA (equifax/experian) and ask them for the full account number for the debt and also the address and phone number of the lenders. They will respond and then i'd suggest he rings GE Money and quotes the reference and explains everything to them, that you've typed out to me.

I dont see the point in writing letters when really he should never have paid and as he did so he needs to contact the OC to reclaim the monies paid. All writing letters does is delay things, he needs to start at the top and go direct to the people who claim he owed them in the first place but beware, you know they will say the same as me 'you paid - why?'

I cannot invest time in this i'm afraid, it goes against everything I believe in. I mean, I cannot get over the fact he paid for this - sorry but its really thrown me. I'm sat here thinking about what would be best and I keep coming back to square one, he paid. If he didnt owe then he wouldn't have paid.

The lender and DCA will say the same. Unfortunately anything I help with will be a waste of time as he paid. Therefore he must owe them. Only a court or lots of fact finding will resolve this matter. Its too complex for me to get involved in i'm afraid.

Arghhhhhh :eek:

I am angry at him even though I dont know him cos its the most stoooopidest thing to do.

i know it is frustrating. to be totally honest we aren't bothered about getting the money back we are more worried going forward with the default. would it be possible to take the other appoach of trying to get Aktiv Kapital to remove the default? i understand trying to get the money back is time consuming and very difficult. if the default could be removed it would make the world of difference to us and losing the money we can cope with. any help would mean so much

never-in-doubt

EBx wrote: »

i know it is frustrating. to be totally honest we aren't bothered about getting the money back we are more worried going forward with the default. would it be possible to take the other appoach of trying to get Aktiv Kapital to remove the default? i understand trying to get the money back is time consuming and very difficult. if the default could be removed it would make the world of difference to us and losing the money we can cope with. any help would mean so much

Right leave this with me for a while, i'll have a smoke and then come back and sort it for you..... lol, one letter one result yea? :beer:

EBx_2

Thank you so much for your help we really appreciate this.

never-in-doubt

EBx wrote: »

Thank you so much for your help we really appreciate this.

I'll do you a letter and PM you later ok? There will be two, one to the DCA (Aktiv Kapita) and one to the OC (GE Money).

You need to print two copies of each and send one copy of each to both parties so they both know what you're doing and allows them to link things easier as well.

I'll give instruction later..... letter will take a while so bear with me, will be here by morning.

EBx_2

Great :j i might have to log off at some point coz i have borrowed a dongle from work and it has a usage limit. i'll see how much longer it lasts. if i do get cut off i'll be back online tomorrow morning, thanks again for your help.

never-in-doubt

EBx wrote: »

Great :j i might have to log off at some point coz i have borrowed a dongle from work and it has a usage limit. i'll see how much longer it lasts. if i do get cut off i'll be back online tomorrow morning, thanks again for your help.

half way through lol...... complicated!

never-in-doubt

The letter below is what you'll send to the DCA - along with a copy of the next letter, for GE Money (#1201 ).

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Letter to Send Aktiv Kapital

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Aktiv Kapital
PO Box 3424
Chester
Cheshire
CH1 9BS

Dear Aktiv Kapital,

Ref: XXXXXXXX

I write with reference to previous correspondence and in particular to your letter dated 27 August 2009 in which you refuse to comply with my CCA request due to there being no balance outstanding. I can only assume you're trying to hide behind the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983?, however these would not be relevent because I never had an account in the first place thus resulting in the account being in dispute which as we both clearly know, renders the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 ineffective.

The background to my case is quite complex but requires immediate resolve and so to avoid explaining myself unnecessarily i've also attached a copy of my letter to the Original Creditor, GE Money. I must point out that I will be seeking legal advice and redress including refund of unlawful payment at a later date so your cooperation at this early stage is paramount if you wish to resolve this matter amicably.

I will only communicate in writing with the Original Creditor, and expect you as matter of course, to speak with them so you can work together to clear my name and refund me my money that was unlawfully paid under duress.

The attached letter to GE Money is self explanitory and requires no further intervention from Aktiv Kapital or your associates and any correspondence hereonin will be returned to sender because you have no legal right to contact me, need I remind you of s.175 of the Consumer Credit Act 1974? This applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor which has not been fulfilled to date with any of my previous s.77-s.78 requests, as your letter dated 27 August clearly confirms.

Yours faithfully,

Sign here digitally

never-in-doubt

The letter below is what you'll send to the OC - along with a copy of the last letter, for Aktiv Kapita (#1200 ).

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Letter to Send GE Money

---

Complaints Department
Santander Cards / GE Money
PO Box 700
Leeds
LS99 2BD

Dear GE Money,

Ref: XXXXXXXX

I write with reference to previous correspondence with some of your DCA's regarding an 'alleged' account that you claim is mine.

This letter is long, complex and very serious and I expect you to take note of my points and consider each one prior to composing a response as I will be passing this to my legal team to consider litigation, if deemed necessary.

In a nutshell, I require proof of this 'alleged' account. I have requested this information by way of CCA 1974 request (under s.77-s.78 of the act) on numerous occasions but to date am still none the wiser. It should also be noted that the DCA in question has banked my cheque and not refunded or made gesture to refund which in itself is also a breach and will be dealt with seperately at a later date, if deemed necessary.

From the beginning;

On 12th September 2008 I received a letter from Thames Credit stating I owed them £733.93. Obviously, quite alarmed, I immediately rung the number on the letter and was met by a very rude and threatening man who told me that unless I repay £549.75 immediately then they can take my house and make me bankrupt. Out of sheer panic I paid there and then, over the phone.

Only later when I realised that this was a mistake and nothing to do with me did I act, and started to question the authenticity of the 'alleged' account along with the allegation that I owned such an account. It was during this that I learned that the DCA (Thames Credit) had in fact broken the law with their tactics used against me because the account was in dispute yet the man demanded repayment from me which is a direct breach of the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection which clearly states that 'it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question' - something I made abundantly clear from that very first call but was promptly ignored and bullied into paying.

Anyway, on 16 September 2008 I received another letter from Thames Credit confirming the payment and another letter dated 3 October 2008 confirmed the 'alleged' account was clear and nothing further was owing. I thought that was that until recently when I applied for a credit related product and was declined.

I then applied to get my credit report and was horrified, in fact mortified, to see that Aktiv Kapital had added a default against me. Not only was the 'alleged' debt paid in full by myself (unlawfully remember) but I have never to date recieved a formal default notice, notice of assignment or anything linking me with GE MOney or this account.

I then sent a letter to Aktiv Kapital on 27 August 2009 requesting sight of the Credit Agreement so I could establish the facts and proceed with my case against you. They declined to provide a copy, the attached letter will confirm the details and my instructions to them.

I have now had anough of this fiasco and demand that this is looked into immediately and resolved at your earliest convenience. Failure will result in swift, severe action being taken against you, Thames and Aktiv and if necessary I will issue CPR 31.16 disclosure demand for a copy of the 'alleged' agreement, with all costs being borne on you the Original Creditor.

To date the following breaches have occured and I am certain I will find more in time;

- Chasing the wrong person for a debt
- Making an innocent person pay for a debt unbeknown to them
- Allowing the DCA to accept payment when my first words were 'this is not my account'
- Subsequent ignorance to my formal CCA Request under s.77-s.78 of CCA(1974)
- Banking my CCA request cheque
- Failing to provide a valid agreement to allow me to check the authenticity
- Lack of Default Notice and minimum repayment period of 14 days
- Lack of Notice of Assignment to both Thames and Aktiv
- Registering derogatory data against an individual whilst an account is disputed
- Registering derogatory data against an individual when it is not clear that he is the debtor
- Breach of Data Protection with regard to my personal data
- Libel for the derogatory comments registered at the CRA's

The above highlights just a few shortcomings, I am sure you will also be horrified and want resolution? If so then quite simply refund me my money, remove the default and all trace of the account and make a sensible offer of recompense.

Yours faithfully,

Sign here digitally

EBx_2

Thank you so much. This really gives us some hope that we can sort out this situation.

Kind Regards

EBx