Sutton's default removal letters

never-in-doubt

Lets assume you have had a default placed against you, it was incorrectly done so, assuming you never received a default notice and any of the above points come into question (i.e. unenforceability).

You would send the following letter off to the Original Creditor/Debt Collection Agency (remember to enclose a cheque for £1.00!) which tells them that you want immediate removal of the default entry from the CRA's if they cannot substantiate the claim. If they do then things change slightly, however we'll cross that bridge if people require answers at a later date...

---

Incorrect_Default_Registered wrote:

Account in Dispute

Dear Sirs,

Account No: XXXXXXX

After recently obtaining a copy of my Credit File from Experian/Equifax/Call Credit [Delete as appropriate], I am concerned to note that your company has placed a "Default" notice against an alleged account I held with you.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. Please also supply me with a signed, true certified copy of the original default notice.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.


Yours faithfully




Sign digitally

azza2007

never-in-doubt wrote: »

Lets assume you have had a default placed against you, it was incorrectly done so, assuming you never received a default notice and any of the above points come into question (i.e. unenforceability).

You would send the following letter off to the Original Creditor/Debt Collection Agency (remember to enclose a cheque for £1.00!) which tells them that you want immediate removal of the default entry from the CRA's if they cannot substantiate the claim. If they do then things change slightly, however we'll cross that bridge if people require answers at a later date...

---

The letter above is simlar to the one I sent to HBOS originally as I asked for a signed, true certified copy of the original default notice.

There response in the first letter they sent me was they don't have to supply one under the Consumer Credit Act 1974

I called them regarding this and the lady I spoke to said they do not keep copy's of the default notices they send out as they are not legally obliged to.

I then asked why I had been told the default notice had been requested 3 times since March when this could not be provided.

She simply said they can only issue a template default notice.

When the complaint got sent to the Customer Relations Department they issued the same response to this and this was the Banks final response.

Im just a little confused as to how this letter is going to work when they have already refused to provide me with a copy of the default notice under the Consumer Credit Act 1974

Thanks for your help

Aaron

never-in-doubt

azza2007 wrote: »

The letter above is simlar to the one I sent to HBOS originally as I asked for a signed, true certified copy of the original default notice.

There response in the first letter they sent me was they don't have to supply one under the Consumer Credit Act 1974

I called them regarding this and the lady I spoke to said they do not keep copy's of the default notices they send out as they are not legally obliged to.

I then asked why I had been told the default notice had been requested 3 times since March when this could not be provided.

She simply said they can only issue a template default notice.

When the complaint got sent to the Customer Relations Department they issued the same response to this and this was the Banks final response.

Im just a little confused as to how this letter is going to work when they have already refused to provide me with a copy of the default notice under the Consumer Credit Act 1974

Thanks for your help

Aaron

Mate just send the letter and see what they send back then work through them as shown page 1/2 here: http://forums.moneysavingexpert.com/showthread.html?t=1612055

Trust me, do things the legal way and the banks will falter - eventually. And yes, they do have to send a copy, not an original signed one but a true copy of one (i.e. good photocopy)

lozza_24

Hi All,

Been reading this thread with interest for a while and just thought I'd share my experience with trying to get 3 defaults removed from my credit file.

I managed to get one removed by following the template letters stating that I had never received the original default notice (which I hadn't) and asked for a copy of the orginal default notice or intention to file a default. The company was unable to provide either and as a result, agreed to remove the default after numerous letters to and fro.

I had another 2 with another company that I followed the same procedure with. The company refused and I took my case to the financial ombudsman. Even though the company were unable to provide a copies of the other 2 defaults or letters advising me of their intention to file a default notice, the ajudicator favoured with the company. The resaons behind this ruling were that the company claimed it was a system generated default notice and numerous procedures were/are in place that they claim I would have received notification prior to a default being issued - not so sure myself as I never received them..

As its stands now, I'm not sure where to go from here..... I haven't listed the companies involved incase I want to take things further, but if anyone wants to email me, then I'd gladly disclose who they are...

Jamie

Parki_2

NID. Where abouts on the forum are the appeal letters. I know they was on a recent thread but I cant remember which.

naijapower

Parki wrote: »

NID. Where abouts on the forum are the appeal letters. I know they was on a recent thread but I cant remember which.

yes, i would also like to review them, pls.
indicate location

never-in-doubt

naijapower wrote: »

yes, i would also like to review them, pls.
indicate location

Parki wrote: »

NID. Where abouts on the forum are the appeal letters. I know they was on a recent thread but I cant remember which.

http://forums.moneysavingexpert.com/showthread.html?t=1612333

:T:rotfl::T

Parki_2

never-in-doubt wrote: »

http://forums.moneysavingexpert.com/showthread.html?t=1612333

:T:rotfl::T

Cheers mate. I phoned mbna up today and the guy on the phone said he wasnt allowed to give me another card because its been just over 5 years. So I am gonna appeal. I have been a very good customer of theirs. Account not in default, and I have not missed a single payment in 5 years. Also paid them £800 in interest. So I must be an ideal customer for them.

What do you think of my chances then ;p

You heard from First Direct yet btw?

never-in-doubt

Parki wrote: »

Cheers mate. I phoned mbna up today and the guy on the phone said he wasnt allowed to give me another card because its been just over 5 years. So I am gonna appeal. I have been a very good customer of theirs. Account not in default, and I have not missed a single payment in 5 years. Also paid them £800 in interest. So I must be an ideal customer for them.

What do you think of my chances then ;p

You heard from First Direct yet btw?

Mate have you reported that fool from £200 thread? Thats causing bother with the 2 Brians and me? LOL - funny if we all do it.... (here page 2: http://forums.moneysavingexpert.com/showthread.html?t=1693269)

Details of 1st here mate: http://forums.moneysavingexpert.com/...html?t=1682195

Don't appeal, no point they will not back down mate. Existing custom means nothing, new custom is what people want - thus you get offers for newbies but rarely for existing!

Trust me, waste of paper and effort - just forget it matey.

Parki_2

never-in-doubt wrote: »

Mate have you reported that fool from £200 thread? Thats causing bother with the 2 Brians and me? LOL - funny if we all do it.... (here page 2: http://forums.moneysavingexpert.com/showthread.html?t=1693269)

Details of 1st here mate: http://forums.moneysavingexpert.com/...html?t=1682195

Don't appeal, no point they will not back down mate. Existing custom means nothing, new custom is what people want - thus you get offers for newbies but rarely for existing!

Trust me, waste of paper and effort - just forget it matey.

Okay I will do. The naughty people! Can I not blackmail them in regard to claiming the interest and charges back? I should stop being cheeky ;p

Yeah I have sent a couple emails reporting. Do they even care the mods on here?