Sutton's default removal letters

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,

Original letter: http://forums.moneysavingexpert.com/showpost.html?p=22553235&postcount=529

Its a nightmare mate but unless you want to go to court, what can you do? Just send another copy off but notice the differences this time - leave the red text at the top intact!

---

Notice of Intended Legal Action

---

Aktiv Kapital
PO Box 3424
Chester
Cheshire
CH1 9BS

Dear Aktiv Kapital,


Ref: XXXXXXXX / Notice of Intended Action

For the third and final time, I do not acknowledge any debt to your company.

I have written on numerous occasions now each time you fob me off for weeks at a time. This will cease immediately.

I now afford you the statutory limit of 12 + 2 days in order top produce the document requested prior to my seeking enforcement of disclosure using CPR 31.16.

The Consumer Credit Act allows 12 working days for this request to be carried out before you enter into a default situation. As you have not replied to me confirming you have the CCA then the account must remain in dispute which refers s.10 CCA (cease & desist processing data)

As you are unable to comply with my request for the agreement, as required by s.78 of the Consumer Credit Act 1974, nor any other information relating to the account and as such, this account has become unenforceable by law. As you are no doubt aware ss.6 of the CCA states:

"If the creditor under an agreement fails to comply with ss.1 (CCA.1974) then (a) He is not entitled, while the default continues, to enforce the agreement"

As the 12 working days have now expired, from your receipt of the request for the agreement and supporting documents until now, the account is now formally in dispute and whilst it remains in dispute, the agreement is unenforceable.

Whilst it is unenforceable, no interest can be added to the account and no action can be taken against me such as defaults or adverse data registered at any of the credit reference agencies. As you have already added a default against me, I hereby give you notice of my intention to report you to the relevant authorities effective immediately, regardless of the outcome of this matter.

I reiterate, you must remove the default or supply me with the Consumer Credit Agreement to enforce the default.

There is no debt as there is no agreement and therefore the default that you registered against me is unlawful and will be defended by demanding enforcement of removal via the county courts, if necessary. We both know without a true copy of a CCA then the chances success are slim, to say the least, for Aktiv Kapital.

Furthermore, under the Data Protection Act (s.10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I look forward to receiving a letter from you confirming that you have complied with this request.

Yours faithfully,


Sign here digitally

wwwtom

Hi NiD

Hope you're good.

Just thought I would give you another update. I had a letter today from Abbey (will scan in later tonight) which just says that they are still investigating and will write to me when they have come to their conclusion, or in 4 weeks time if they need more time.

Sounds pointless, but I guess I'm living on the hope that, since its taking them this long to find "proof" they are in the right, then things will swing in my favour.

Thanks again for all your help so far, not quite sure where I'd be without your advice.

Will keep you posted.

Tom

E5043169

Hi nid,
need a little advice please, just been checking my credit file to see which defaults I can work on getting removed , problem I have is this is all info my cr is giving me, all I have is that debt is mail order, no account numbers ect.... don't no which company the original debt is with at all, so is it still possible to request a ca with only this info to work on? Emailed the credit reference agency but they say this is all the info they have on file.

Phoenix Recoveries 0845 8396323 XXXX9110

Capquest (Formerly FTC) (I) "Phone: 08700 842521 Address: Collections Administration Team Leader, CapQuest Debt Recovery Fleet 27 Rye Close Ancells Business Park Fleet GU51
2QQ

wwwtom

Hi NiD

Scan as promised.



Bigger Version

miaomiao

Hi Nid,

I am amazed at how much time you have spent to help people you dont even know.

Cahoot_hater

never-in-doubt wrote: »

Hiya

Ok, you need to start by sending the letter below to Natwest and see how they like that! It will, when you read it a couple of times, make sense. Basically you've got them over a barrel and there is nothing they can do about it. Either they comply with s.77-78 of CCA or they will comply with CPR31.16 - either way, you get to see if they have a valid and lawful CCA/Default Notice.

I think they may just close the account totally as it would appear to be the easy option; the letter below kind of lets them know you're no walkover and know various acts and laws which will stop them trying to act like clever sods!

Good luck - remember and do a spell check before you print it cos I was rushing to get it done and never had time!

Keep us updated with developments and do not speak to them on the phone! If they ring you simply say 'please write to me, goodbye' and hang-up!

N-i-D
:D

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Letter to send to Natwest Bank

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Hi thought I'd give an update, it's now been about 3 weeks since I sent the letter and as of yet I havn't had a responce. Do you think i'ts advisable to phone natwest and check if they received the letter or should I wait abit longer.

I sent the letter of by recorded delivery and was delivered to them 3 days late, however I can't get an online signature proof from the royal mail however it does tell me that the item was delivered on the 14/8/09.

Don't know what to do now, shall I wait another week or shall fire off he letter again. They have 21 days to respond.

thanks guys.

hanes

Hi all,

This seems a large thread so i'd just see if my problem is relevent to whats going on here or not!

I held a basic bank account with HSBC as my credit profile was not good reading.

Having obtained and run the account well for around 8 months, my employer began having some kind of trouble with their payment system and my wage was paid in late, albeit the same day only later.

This caused me to have direct debits returned, as they processed them from the time of 00:01 being an automated system.

HSBC have a three strike rule, miss three direct debits and they close your account.

My employer did this again, this time without notficiation and i did not know about it until checking my account online the following day, and again direct debits had been returned!!

I was furious at them but the damage was done.

Anyway a month had passed and i tried to access my account online and i could not, so i called to see what the dealio was and i was informed my account was closed due to not running it in accordance with terms and conditions, and i had to collect any monies that were in the account.

After checking my report i noticed that they reported to experian the three late payments, and that the account was classed as settled.

But being as it was a basic account with no credit facilites i.e overdraft etc are they allowed to do this?

and my gripe is that is shows up for six years and a settled account is just as bad as a default, do i have any chance of getting this removed as i feel i was rather hard done by.

thanks for reading, hopefully you will understand it all.
ta

never-in-doubt

E5043169 wrote: »

Hi nid,
need a little advice please, just been checking my credit file to see which defaults I can work on getting removed , problem I have is this is all info my cr is giving me, all I have is that debt is mail order, no account numbers ect.... don't no which company the original debt is with at all, so is it still possible to request a ca with only this info to work on? Emailed the credit reference agency but they say this is all the info they have on file.

Phoenix Recoveries 0845 8396323 XXXX9110

Capquest (Formerly FTC) (I) "Phone: 08700 842521 Address: Collections Administration Team Leader, CapQuest Debt Recovery Fleet 27 Rye Close Ancells Business Park Fleet GU51
2QQ

Hiya

This is SDG (i.e. Littlewoods or one of the Shop Direct Group brands). Phoenix is usually SDG's main DCA so i'd be going to them.

You do know that the CRA has a duty to report the details to you - so email again asking for the full account number and correct details. You have to contact the people that added the default and if the CRA cannot justify the entry they have to remove it....

Basicallyyou need a copy of all 3 credit files. If the default is old then it may be best not to write to them as Statute Barred may kick in..... when is the default date and how much is owing?

never-in-doubt

wwwtom wrote: »

Hi NiD

Hope you're good.

Just thought I would give you another update. I had a letter today from Abbey (will scan in later tonight) which just says that they are still investigating and will write to me when they have come to their conclusion, or in 4 weeks time if they need more time.

Sounds pointless, but I guess I'm living on the hope that, since its taking them this long to find "proof" they are in the right, then things will swing in my favour.

Thanks again for all your help so far, not quite sure where I'd be without your advice.

Will keep you posted.

Tom

Hi Tom,

Whatever you do, don't get that belief cos you'll be sad if it backfires... Shabbey are notoriously slow so just wait and see. They will deffo investigate but it is the end result i'm bothered about lol.......

Just hold fire.... :beer:

wwwtom

never-in-doubt wrote: »

Hi Tom,

Whatever you do, don't get that belief cos you'll be sad if it backfires... Shabbey are notoriously slow so just wait and see. They will deffo investigate but it is the end result i'm bothered about lol.......

Just hold fire.... :beer:

What can I say? I'm just optimistic :rotfl:

Will hold fire, but its quite hot so can I wear gloves?

Thanks again! :beer: