Sutton's default removal letters

azza2007

never-in-doubt wrote: »

LOL< yea thats right.

Good luck, see how you get on.... make sure you tidy up your spelling a bit cos there were loads of mistakes (sorry but looks bad when quoting laws and reference to acts etc)..... if anything do the top bit, post here for me to have a mooch over and then send it?

Good luck - keep us updated.

p.s. you will send the letter to the DCA (Blair Oliver) if they registered the default. If HBOS issued default then you send to them.

Just one last question does it matter that they have already provided me with a copy of the agreement ?

I have a copy of the original agreement for the Loan and they sent a copy which I requested over the phone which is a copy of the original.

Thanks

Aaron

never-in-doubt

azza2007 wrote: »

Just one last question does it matter that they have already provided me with a copy of the agreement ?

I have a copy of the original agreement for the Loan and they sent a copy which I requested over the phone which is a copy of the original.

Thanks

Aaron

ahhh - do they have the prescribed terms (http://forums.moneysavingexpert.com/showpost.html?p=20459935&postcount=2)?

have a read at above link and here and see how you get on mate: http://forums.moneysavingexpert.com/showthread.html?t=1612055

azza2007

never-in-doubt wrote: »

ahhh - do they have the prescribed terms? have a read here and see how you get on mate:

I checked the agreement information and as it is a fixed Sum Credit Agreement it does state the Amount of credit,theNumber of repayments,Amount of repayments and the Frequency of repayments so all looks fine with the agreement. :eek:

never-in-doubt

azza2007 wrote: »

I checked the agreement information and as it is a fixed Sum Credit Agreement it does state the Amount of credit,theNumber of repayments,Amount of repayments and the Frequency of repayments so all looks fine with the agreement. :eek:

Ok, have you paid the debt off or is it outstanding? You will not be able to have default removed simply cos you never got issued a default notice. Only if the dates are wrong; i.e. the date on the default notice copy you have - does that tally with CRA records?

cheqmate06

never-in-doubt wrote: »

Hiya have a look at this letter and tweak it to suit, you need to remove the top couple of paragraphs that were specific to that MSE person and change this with your own version of events - stick to facts and no more than 2 paragraphs really! You're trying to get a copy of your CCA from the lender and see what they say. Then look to argue if things are wrong.... #187

I currently have copies of agreements from Welcome and from Black Horse but neither are actually signed by The company representative and welcome does not even have an agreement number on it. Does this affect the outcome?

never-in-doubt

cheqmate06 wrote: »

I currently have copies of agreements from Welcome and from Black Horse but neither are actually signed by The company representative and welcome does not even have an agreement number on it. Does this affect the outcome?

Yes mate - send letter off clarifying those points.

so I assume you have sent the CCA request and they came back with them...?

cheqmate06

No these are my original copies from taking out the Loan and as i am writing this i see i'm being a bit of a wally, i should be requesting it from them, hoping they cannot provide it. Am i right?

never-in-doubt

cheqmate06 wrote: »

No these are my original copies from taking out the Loan and as i am writing this i see i'm being a bit of a wally, i should be requesting it from them, hoping they cannot provide it. Am i right?

Yes mate lol, you need to send the CCA letter off first and see what they have about you! Read here for CCA letter: #3

Whole thread (useful info to read) is here: http://forums.moneysavingexpert.com/showthread.html?t=1612055

You'll find that their copies will be 'miraculously' signed as well, don't be surprised!

azza2007

never-in-doubt wrote: »

Ok, have you paid the debt off or is it outstanding? You will not be able to have default removed simply cos you never got issued a default notice. Only if the dates are wrong; i.e. the date on the default notice copy you have - does that tally with CRA records?

I Partially settled the account in September 07 and I since called and wrote to them advising I would pay the full amount if they removed the defaulted data on my credit file. They said they can only update the credit file to show as fully satisfied and they wouldn’t remove the data as it shows an accurate record of how the account was managed.

I only have a template of the default notice - so all it says is insert name, date default amount e.g. none of my information is on there.

The letter I got says the default was issued on 15th March 2007

On my credit file shows as account defaulted on 31/07/07

I Partially settled the account on 11/09/07 and credit file shows as partially satisfied on 30/11/07

Call Credit and Experian state this however Equifax shows date satisfied as 31/07/07, date last delinquent 07/07 default date is blank but the default balance is correct.

Thanks

Aaron

never-in-doubt

azza2007 wrote: »

I Partially settled the account in September 07 and I since called and wrote to them advising I would pay the full amount if they removed the defaulted data on my credit file. They said they can only update the credit file to show as fully satisfied and they wouldn’t remove the data as it shows an accurate record of how the account was managed.

I only have a template of the default notice - so all it says is insert name, date default amount e.g. none of my information is on there.

The letter I got says the default was issued on 15th March 2007

On my credit file shows as account defaulted on 31/07/07

I Partially settled the account on 11/09/07 and credit file shows as partially satisfied on 30/11/07

Call Credit and Experian state this however Equifax shows date satisfied as 31/07/07, date last delinquent 07/07 default date is blank but the default balance is correct.

Thanks

Aaron

Ok you need to insist on sight of an original copy of the default notice. If they cannot provide it then the account is in fact in dispute whether they like it or not and this means they must remove all data from the CRA.

The reason of appeal is the questionable way the default data shows - you also need to write to the CRA's and tell them the default was unlawfully placed and send them a copy of the default notice you get sent (unless they don't have one) confirming the dates are different and as such the default isn't lawful and so should be removed immediately. Failure to do so shows lack of diligence on the CRA part as they are willingly processing inaccurate data - one of their own principles (as with the ICO) clearly says incorrect data will be rectified!

Actually, i'll do your letter for you.... see next post matey - #232