Sutton's default removal letters

never-in-doubt

Cahoot_hater wrote: »

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.

Hiya

No you do not ring them - never, ever! Thats just plain bonkers and if you do then I for one will not help anymore cos it actually causes that much hassle and puts you back to square one that i'd be annoyed for you lol....

You have to work out the dates, 21 days from the date of signature - after this date you leave them a couple of weeks to dig a deeper hole. then come back and we'll sort you a follow-up letter.

Just sit tight, the deadlines we give are our deadlines, they are not legal guidelines or anything but calculated using varying pieces of law to create the accurate date. The process could be proven in court to be a realistic event and not a made up date!

Therefore my advice, wait 2-3 more weeks! Give them time to deal and also time to show the courts (if necessary) that they do not regard or appreciate legal time lines.

never-in-doubt

Hiya

HSBC are one of the few banks that do not charge you if you pay a credit in the same day as a debit so speak to them!

Therefore if the DD's came out at 04.00 (its usually around 03.00-04.00 am) then so long as you made the credit by 3pm that day then you'd get no charges. Speak to the bank, it is clearly in their terms after all....

Maybe change jobs too!

Regards to late payment markers, I am fighting this with ICO etc at the moment cos they are not allowed to record data of a non credit related product. It is a new thing and I am awaiting confirmation of breaches at which point i'll be firing letters off to the regulators cos we all know it is wrong, unethical and probably illegal but thats what i'm needing guidance on from ICO who do not even know themselves!

3 late payment markers will not do that much damage, but if you are certain that you paid in the same day as the debits came out then use the banks own terms against them! So you write to the bank with proof and they will sort it. Also, how are you late in payment with a failed DD?

This is a direct breach of the CRA facilities cos the file suggests you were 3 months late on a repayment of a credit related product when in fact you were a day overdrawn which is not the same as three late payment markers.

HSBC have acted unlawfully, you need to be telling them to sort this asap - in writing only!

:beer:

hanes wrote: »

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

E5043169

Hi nid,
this is info from credit file

default date 09/02/2007 £120
Phoenix Recoveries Sdfs (I) /
Mail Order Agency

International Collections Group Limited
Mail Order Agency showing as default but settled 15/01.2007 £36 default date empty so dont understand this one!

Capquest (Formerly Ftc) (I) /
Mail Order Agency

£368 default date 04/09/08 this one got me, no idea who it could be.

hanes

Hi,
Thanks for the reply, what kind of letter would i use, there are a few floating around on here. Im not too good at wording things so maybe a little nudge would do me good, if thats ok.

i'll give you more info if needed.

ta

never-in-doubt wrote: »

Hiya

HSBC are one of the few banks that do not charge you if you pay a credit in the same day as a debit so speak to them!

Therefore if the DD's came out at 04.00 (its usually around 03.00-04.00 am) then so long as you made the credit by 3pm that day then you'd get no charges. Speak to the bank, it is clearly in their terms after all....

Maybe change jobs too!

Regards to late payment markers, I am fighting this with ICO etc at the moment cos they are not allowed to record data of a non credit related product. It is a new thing and I am awaiting confirmation of breaches at which point i'll be firing letters off to the regulators cos we all know it is wrong, unethical and probably illegal but thats what i'm needing guidance on from ICO who do not even know themselves!

3 late payment markers will not do that much damage, but if you are certain that you paid in the same day as the debits came out then use the banks own terms against them! So you write to the bank with proof and they will sort it. Also, how are you late in payment with a failed DD?

This is a direct breach of the CRA facilities cos the file suggests you were 3 months late on a repayment of a credit related product when in fact you were a day overdrawn which is not the same as three late payment markers.

HSBC have acted unlawfully, you need to be telling them to sort this asap - in writing only!

:beer:

heg9

Hi , i got a really basic question to ask. newbie

Is "O2 EX SINGLE... Communications Satisfactory Settled 18/02/2007" a satisfied default?

I just called Experian. They said its not a default. Are they correct? What does a satisfactory default look like then?

never-in-doubt

Littlewoods mate - shop direct group.

E5043169 wrote: »

Hi nid,
this is info from credit file

default date 09/02/2007 £120
Phoenix Recoveries Sdfs (I) /
Mail Order Agency

International Collections Group Limited
Mail Order Agency showing as default but settled 15/01.2007 £36 default date empty so dont understand this one!

Capquest (Formerly Ftc) (I) /
Mail Order Agency

£368 default date 04/09/08 this one got me, no idea who it could be.

never-in-doubt

heg9 wrote: »

Hi , i got a really basic question to ask. newbie

Is "O2 EX SINGLE... Communications Satisfactory Settled 18/02/2007" a satisfied default?

I just called Experian. They said its not a default. Are they correct? What does a satisfactory default look like then?

No its a closed satisfactory account then. I guess you took it out in Phones4u? Singlepoint.....

never-in-doubt

Hiya

My answers are in red below for you. Points to note is that Voda have messed up and so you need to demand this is sorted and request compo as well. To make the letter, just copy the points you highlighted in your original post, but put them into letter format and you'll be fine. They will realise their mistake - just remember do not quote CCA 1974 to them.

If you want the agreement you would request this under the DPA 1998 (SAR)

N-i-D

miaomiao wrote: »

Hi Nid,

My concerns are:
1.Having read other peoples threads, Vodafone is not governed under the Consumer Credit Act, so they do not legally have to issue the default against me.

The contract you had was not governed under CCA but Voda still have to notify you and have a process to follow with regard to issuance of defaults.

Have a read here for some idea's: Vodafone Hell & Default (CAG)

2.I was unable to find a copy of the letter of complaint I wrote to them, but they definitely received the one with my cheque. Furthermore, I don’t have the recorded delivery receipt.

Thats fine, so long as they cashed the cheque you have proof of the date - when was the cheque cashed?

3.I had cancelled my previous contract on my phone as the customer support advisor said he was unable to return my contract back to my previous tariff. His only option was to cancel it and assign me with a new tariff. Unfortunately, I didn’t tape the phone conversation!

You would have had to declare that you were recording the call and to be fair, they'd have refused. If you SAR Voda, you can explicitly request a copy of this recorded call because all cancellations and sales should be recorded and records retained in case of query. Unsure on the length of time they should keep the recording for but 6yrs is the norm so may have to retain the info for that length of time to satisfy HMRC criteria... don't know if sales recorded phone calls classify - paper and PC records do.

4.Vodafone could accuse me of changing my contract online myself. Although, I don’t think anyone would be foolish enough to downgrade their tariff to one that is far more expensive with fewer inclusive minutes.

I agree - maybe send a letter in to the main complaints dept would sort this. If not then go to their regulator and ask for clarity.

Hopefully you can help me as you have helped so many other people.

Many thanks,

Sophia

rabshek

never-in-doubt wrote: »

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....

NID,

Hope you are well.

Just been doing a little more reading regarding my dilemma (p59 of your thread!).

Wanting to be as proactive as I can in getting this sorted

Do you think it is worthwhile for me to send a letter to the credit reference agencies, asking them to put a notification on my partner's file that the Aktiv Kapital 'default' is under dispute?

Read in another forum that that might be worthwhile, but wanted to consult you first

Many thanks NID,

Bob

never-in-doubt

rabshek wrote: »

NID,

Hope you are well.

Just been doing a little more reading regarding my dilemma (p59 of your thread!).

Wanting to be as proactive as I can in getting this sorted

Do you think it is worthwhile for me to send a letter to the credit reference agencies, asking them to put a notification on my partner's file that the Aktiv Kapital 'default' is under dispute?

Read in another forum that that might be worthwhile, but wanted to consult you first

Many thanks NID,

Bob

Won't make a difference mate - as you have a default it will go via underwriting and no NOC will change their minds..... just hold fire for a reply and then do it - but won't make much difference in my opinion :beer: