Sutton's default removal letters

never-in-doubt

Parki wrote: »

Well I am more hopeful now but I will keep you informed for sure. Least I have a timeline of them actually doing something.

Well can you not borrow Brian your First Direct Card? You wont need all that limit to yourself ;p

I phoned MBNA up today to tidy up some loose ends. He told me to phone back on monday and said they might give me a new card. I didnt even ask. Not getting my hopes up yet but he said its a possibility as he didnt want me to close the account.

You should be hopeful matey - I assume you are going to post it registered (orange sticker) so you can use it against them if they do not respond? Forget email mate, spend 40p or whetever on a stamp and record it.

I'll not get 1st Direct mate - that's a pipe-dream. If I did i'd be more gobsmacked than you guys

MBNA are a joke so wouldn't be surprised if they do send you a new card, nothing they do surprises me.... good luck and keep us posted, aswith your letter progress as well. :eek:

never-in-doubt

noah271007 wrote: »

I think thats a great idea. MSE meet up. Anyone care to start a thread on this and see if it is passable? You can be very amusing NID, are you larger than life character mate? You are certainly are NOT dull.

Mate this would be better to sort in a month or so - let some of the regulars get a CC sorted first! I'm not a larger than life character - i'm only likkle mate (32" waist) LOL

But yea we will have to sort something for the end of summer, like July/August - if anything us lot could always meet up - us that always chatter and sort it via PM, i.e. invite only, stops the ars-ho's (allthingsconsidered - who does still lurk even though PPR'd) knowing our plans

Parki_2

never-in-doubt wrote: »

You should be hopeful matey - I assume you are going to post it registered (orange sticker) so you can use it against them if they do not respond? Forget email mate, spend 40p or whetever on a stamp and record it.

I'll not get 1st Direct mate - that's a pipe-dream. If I did i'd be more gobsmacked than you guys

MBNA are a joke so wouldn't be surprised if they do send you a new card, nothing they do surprises me.... good luck and keep us posted, aswith your letter progress as well. :eek:

Yeah I will send it recorded delivery on monday. And I will keep you posted as im sure someone else will find themselves with this problem also.

What makes you think you wont get it though. What negative information is likely to put them off?

I spent a while on the phone with MBNA. I pnly phoned up as I needed to reset my security information. The guy on the phone was surprised that I ever got through security. But they never seemed too fussed if I could remember my password as they just always seemed to ask for random amounts of money even though I was on a dmp. So I reset all my info and he said if you would like a new card phone credit I think he said when it opens on monday and they might be able to sort you out. I cant see it but it wont hurt being cheeky. It didnt default though and I never missed a payment and I never got them to stop their interest. So in theory I have been a very good customer for them.

**dancingbutterfly**

Hi all!

may i have a bit of advice re defaults?

bascially, i had 2 store cards at the same time when i turned 18 (im now 23) which i ignored ( i know VERY stupid) which then turned into £1000 of debt. I have now cleared these debts. i paid them off completley on 11/05/2008 and they are now stating satisfied on my credit report.

They are also stating that they are Defaulted and they were both defaulted on 08/06/2005.

So to get rid of these do i just follow the steps listed on the first page of this thread?

The debts at the time were passed from new look and dorothy perkins to a company called Activ Capital? which i just assume were debt buyers. so would i send them the letters?

This has seriously affected me getting credit. on my credit report it says i have £150 of available credit! which is nothing! not that i want any but you know!

as these arent going to vanish from my credit report until 2014:eek: id really like to get rid of them sooner!

thanks for reading my post! and thanks for any help!

cheers!

katie

never-in-doubt

**dancingbutterfly** wrote: »

Hi all!

may i have a bit of advice re defaults?

bascially, i had 2 store cards at the same time when i turned 18 (im now 23) which i ignored ( i know VERY stupid) which then turned into £1000 of debt. I have now cleared these debts. i paid them off completley on 11/05/2008 and they are now stating satisfied on my credit report.

They are also stating that they are Defaulted and they were both defaulted on 08/06/2005.

So to get rid of these do i just follow the steps listed on the first page of this thread?

The debts at the time were passed from new look and dorothy perkins to a company called Activ Capital? which i just assume were debt buyers. so would i send them the letters?

This has seriously affected me getting credit. on my credit report it says i have £150 of available credit! which is nothing! not that i want any but you know!

as these arent going to vanish from my credit report until 2014:eek: id really like to get rid of them sooner!

thanks for reading my post! and thanks for any help!

cheers!

katie

Hi Katie,

Yet another case of misleading info in order to get you to pay for this debt - you shouldn't have paid! It would have dropped off next year had you carried on ignoring (Statute Barred) but as you paid, its now 6yrs from the default date.

You could try asking the CRA's to delete the info for you.....

never-in-doubt

**dancingbutterfly** wrote: »

So to get rid of these do i just follow the steps listed on the first page of this thread? katie

Hi,

I'd start with this letter - you send it to the DCA not the original creditor. See what they say and post back please?

Remember to send a £1 cheque/postal order.

Hope that helps - good luck!

N-i-D

---

Letter to send:

---

Account in dispute

Request for a copy of the Original Credit Agreement under the Consumer Credit Act 1974

Dear Sirs

Re: ACCOUNT NUMBER: XXXXXXX

Further to paying the alleged debt off last year, I have since found out that the agreements may not have been enforceable in the first place. I am more than happy to draw a line under this if you agree to immediately remove all data registered against me with all the credit agencies. I do feel this is a more than reasonable request being I did pay the funds without question and now the account is clear, I feel removal of the adverse/account data is only fair.

If you refuse, then I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77/78 of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (21 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a personal cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

You should also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days, provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you. Any payment previously made should be refunded immediately.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.




Yours faithfully
Sign digitally

never-in-doubt

Katie,

What you're doing in the above letter is asking them to prove the debt is yours and until they do so, you should be refunded what you paid them, data should be removed from the CRA's and they should investigate the sale of debt (assignment).

I'd say there is a high chance something will be amiss meaning you could go for unenforceability but we'll hope this letter scares them off enough to drop the data or risk losing the money you paid and still having to delete the data! Its a catch 22 for them and a lose-lose situation so it's a poker game - you're calling their bluff cos legally they can leave the defaults on.

Hope this all makes sense to you.... if not PM me.

Parki_2

never-in-doubt wrote: »

Katie,

What you're doing in the above letter is asking them to prove the debt is yours and until they do so, you should be refunded what you paid them, data should be removed from the CRA's and they should investigate the sale of debt (assignment).

I'd say there is a high chance something will be amiss meaning you could go for unenforceability but we'll hope this letter scares them off enough to drop the data or risk losing the money you paid and still having to delete the data! Its a catch 22 for them and a lose-lose situation so it's a poker game - you're calling their bluff cos legally they can leave the defaults on.

Hope this all makes sense to you.... if not PM me.

Shame I cant challenge somebody from the bank to a game of poker in regard to one of my defaults. I think I would have a fair chance then ;p

never-in-doubt

Parki wrote: »

Shame I cant challenge somebody from the bank to a game of poker in regard to one of my defaults. I think I would have a fair chance then ;p

you nightmare LOL :beer:

**dancingbutterfly**

never in doubt,

thankyou so much for your help! god i wish id known that back then. they just kept saying the bailiffs would be round if i didnt pay! you know it was my debt and i just thought well i must pay it!

sorry to be a pain but what does CRA and DCA stand for?

thanks again!