Sutton's default removal letters

**dancingbutterfly**

thanks EVER so much n-i-d. your brill!!:T

ok i'll get the letters sorted theyre going to the same dca and get them posted tomorrow!

its all a bit over my head iykwim! but im trying to understand it all!

so hopefully they'll remove the defaults from my record. or i may get my money back? (i know very doubtful!)

or they might do nothing?

thanks again!

katie

EDIT!
n-i-d
ive just read your last post and youve answered my questions there! sorry! thanks mate! i'll let you know what i recieve!

never-in-doubt

**dancingbutterfly** wrote: »

thanks EVER so much n-i-d. your brill!!:T

ok i'll get the letters sorted theyre going to the same dca and get them posted tomorrow!

its all a bit over my head iykwim! but im trying to understand it all!

so hopefully they'll remove the defaults from my record. or i may get my money back? (i know very doubtful!)

or they might do nothing?

thanks again!

katie

Ok, so you send two cheques, 2 letters in two envelopes and pay for two recorded deliveries. I know it sounds mad but these cannot be bundled together as each is separate.

Yes is the answer to other points, they don't have to really do anything and can simply refuse. However, that said they will know that the CCA is more than likely to be wrong, and as a result they take the risk that you are serious in your threat to enforce removal via county court. If this happens they would also have to refund you plus pay compo and costs so could backfire on them.

Thus I said right now it is a poker game, if they play along and agree to remove then you win. If they refuse, you stick and call their bluff with CCA request (all in this one letter). If they send the CCA and refuse to remove data we then check the CCA for enforceability. If it isn't enforceable then we win - we threaten county court action for enforcement to remove the data plus compo and costs.

So all depends what they write back.....

Whatever happens PM me so I don't miss your posts/deadlines.

Innocent_Guy

never-in-doubt wrote: »

Ok, so you send two cheques, 2 letters in two envelopes and pay for two recorded deliveries. I know it sounds mad but these cannot be bundled together as each is separate.

Yes is the answer to other points, they don't have to really do anything and can simply refuse. However, that said they will know that the CCA is more than likely to be wrong, and as a result they take the risk that you are serious in your threat to enforce removal via county court. If this happens they would also have to refund you plus pay compo and costs so could backfire on them.

Thus I said right now it is a poker game, if they play along and agree to remove then you win. If they refuse, you stick and call their bluff with CCA request (all in this one letter). If they send the CCA and refuse to remove data we then check the CCA for enforceability. If it isn't enforceable then we win - we threaten county court action for enforcement to remove the data plus compo and costs.

So all depends what they write back.....

Whatever happens PM me so I don't miss your posts/deadlines.

NID would the above not be applicable to my friend?

never-in-doubt

Innocent_Guy wrote: »

NID would the above not be applicable to my friend?

you never got back to me on it did you or i'd have done your letter! That will teach you won;t it! LOL :beer:

never-in-doubt

Innocent_Guy wrote: »

NID would the above not be applicable to my friend?

Yes mate and a letter very similar to this, in fact almost identical to this, would do it. Remember no promises - it is a gamble and may backfire!

#187

Innocent_Guy

never-in-doubt wrote: »

Yes mate and a letter very similar to this, in fact almost identical to this, would do it. Remember no promises - it is a gamble and may backfire!

#187

Well he has sent the S10 so I think we should wait for a reply from that. They cannot provide CCA!!!

Where I worked prior to my new job, we had just introduced an "electronic signature pad" this was used for getting clients to electronically sign the CCA and therfore a copy electronically saved!

never-in-doubt

Innocent_Guy wrote: »

Well he has sent the S10 so I think we should wait for a reply from that. They cannot provide CCA!!!

Where I worked prior to my new job, we had just introduced an "electronic signature pad" this was used for getting clients to electronically sign the CCA and therfore a copy electronically saved!

Why did you tell him to send the s.10? nutter!

they are legally entitled to process the data as we both know, you usually find a flaw then demand a s.10! not issue the demand before you have anything to bargain with!

Innocent_Guy

never-in-doubt wrote: »

Why did you tell him to send the s.10? nutter!

they are legally entitled to process the data as we both know, you usually find a flaw then demand a s.10! not issue the demand before you have anything to bargain with!

He does have a bargain, they have no CCA so he doesn;t have to pay the debt. He is more than willing to pay the debt providing they remove the adverse data

never-in-doubt

Innocent_Guy wrote: »

He does have a bargain, they have no CCA so he doesn;t have to pay the debt. He is more than willing to pay the debt providing they remove the adverse data

Eh? since when have they not provided the CCA? Have you already issued the CCA request? Then the warning letter, then the s.10? If so then all is fine. I thought he had already paid the debt?

When they write back, come see me before you tell him to respond cos i'll guide you in right direction mate.

Pointless second guessing cos anything could happen but I think you'll find they will argue it out a little.

Innocent_Guy

never-in-doubt wrote: »

Eh? since when have they not provided the CCA? Have you already issued the CCA request? Then the warning letter, then the s.10? If so then all is fine. I thought he had already paid the debt?

When they write back, come see me before you tell him to respond cos i'll guide you in right direction mate.

Pointless second guessing cos anything could happen but I think you'll find they will argue it out a little.

Yeah CCA request, failed to supply, sent s10 request