Sutton's default removal letters

Sammy_Girl

Hi Cif :hello:

Long time no speak. That sucks about Cabot - sorry


Ok, so I couldn't wait til tonight - thought I'd do the letters now and catch the post. Thought I'd try the quick route and phoned up Egg to ask if they could kindly remove the defaults as they are fully settled and the po faced lady said no - will drop off after 6 years. I did manage to get the account numbers though - which is useful for my letters. Asked about the default date for the loan (I know its 2005) and she said she couldn't see that because the account was too old. So I'm hoping thats a good sign that they can't produce a CCA and a Default Notice.

So 2 letters being sent now with 2 postal orders. Recorded delivery of course!

Thanks Guys, you're all stars. Oh, I've missed the CC board

never-in-doubt

Sammy_Girl wrote: »

Quick question if i may

What if I don't have the account numbers? Can they still look me up?

Regards

Yes but you'll be able to get them from your credit file, just email over and ask fot the contact details and account details and they will respond with them - they have to!

Egg are notorious for messing up CCA's pre 2007 so you'll probably find that you'll get it wiped from the CRA - if you need help just fire away and i'll help if you want.

never-in-doubt

Sammy_Girl wrote: »

Hi Cif :hello:


So 2 letters being sent now with 2 postal orders. Recorded delivery of course!

Thanks Guys, you're all stars. Oh, I've missed the CC board

which letters are you sending? are you disputing the legality and want to claim your money paid back or do you just want to agree to removal of credit data?

Hang fire with letters cos i'll do you one if you want - all depends on what you want to heppen next, i.e. refund or just agreement to remove bad data. You will not get both, even if unenforceable.....

naijapower

But why can't Sammy Girl get both especially if it is uneforceable?

Sammy_Girl

Thanks Guys,

I'm a bit impulsive me. I've already sent off the first letter - CCA request. One letter to Egg Loans and one to Egg Credit Card. Both recorded delivery and £1 postal orders

I don't want to reclaim the money. I just want the accounts removed from my files. As it stands the first will drop off December 2010 and the second March 2013 :eek:

Thank you for the offer of help with the letter :T

never-in-doubt

naijapower wrote: »

But why can't Sammy Girl get both especially if it is uneforceable?

Beacuse she can't! If she claims back all she has paid because of unenforceability/account in dispute then the data will still remain for 6yrs.

You know how it works don't you? I'll briefly explain:

In order to utilise unenforceability you have to realise that even if you get the debt unenforced the data will remain on your Credit File for 6yrs. This is because the debt still remains legally outstanding but just means no1 can enforce payment, i.e. it sits in limbo for 6yrs then falls off or becomes statute barred whichever happens first.

So in the case where someone doesn't pay for say 3yrs and then they get a default, the data would go 3yrs into the default as Statute Barred occured first.

Regardless of whether the agreement is unenforceable, the debt does remain thus an entry must remain on your credit file.

Now, the exception to the rule is if the account or default was registered incorrectly or the debt was sold on incorrectly (no assignment or errors within the assignment) then you can again have the data removed and the debt made unenforceable.

In Sammy's case, by paying she can argue to get the dosh back but this isn't what she is asking - she needs a clean credit file so i'd be looking to barter with the DCA along the lines of 'i'll not claim unenforceability and demand a refund of monies if you erase the data from the CRA' - the DCA may agree to this as it is better than losing the money and losing in court when they enforce removal.

In Sammy's case the DCA would not refund and remove the data - why would they? They do not have to, therefore she would have to take to court and this is expensive and slow. I suggest she simply looks to bargain and strike a deal for removal of bad data.

Does that help matey?

Sammy, want some help or have you already posted letters?

never-in-doubt

Sammy_Girl wrote: »

Thanks Guys,

I'm a bit impulsive me. I've already sent off the first letter - CCA request. One letter to Egg Loans and one to Egg Credit Card. Both recorded delivery and £1 postal orders

I don't want to reclaim the money. I just want the accounts removed from my files. As it stands the first will drop off December 2010 and the second March 2013 :eek:

Thank you for the offer of help with the letter :T

Try not to be so impulsive, they will not send you a CCA and if they do you will have to prove the faults so the CCA request was kinda pointless, it suggests to the DCA that you're seeking unenforceability and they will just dig their heels in.

You'd have been better bargaining with them for removal of data prior to seeking unenforceability. When they respond PM me and don't be too hasty or you could end up with nothing out of this and if you send the same letters with different wording they will know you're clutching at straws.......

Be careful and don't rish this - it will take at least 3months to get anything agreed anyway so be prepared for a fight as Egg do not lie down and take it, they do fight back!

never-in-doubt

cifpower wrote: »

Those barstewards Cabot have put a default on my Experian file dating back to 2007 for that Barclays account. I am not happy.

is this the letter I done for you last week mate? or a different account?

want some help or have you got it sorted...?

cifpower

never-in-doubt wrote: »

is this the letter I done for you last week mate? or a different account?

want some help or have you got it sorted...?

This is the same account. I rang them last week to set up a payment plan of £10pm to clear the debt and, as a result, they registered a default against me.

Sods.

Sammy_Girl

Thanks NID - you're very helpful.

I already sent the 2 letters today. I used the first letter - the CCA request. Do you think that's ok? Also, even though I settled the debts via a DCA, both defaults have been registered on my file by Egg - so I sent the letters to Egg. Do I need to involve the DCA as well?

I really don't want the money back - I spent it - no issues there. But if I can prove there's no valid CCA or Default Notice, I really hope that they can knock the records off my file as its killing me getting a half decent remortgage

Incidentally, I check both Equifax and Experian regularly, and the 2 defaults are on the one CRA (Equifax) but not on the other one. So I have one really good report and one really bad lol