Sutton's default removal letters

Sammy_Girl

never-in-doubt wrote: »

You what? you took them out back then? great news - you'll get a sh!tty piece of paper back at best, what was then called a 'shortened application form'. Nowadays they are forbidden cos they are worthless...... lol

lets hope they mess up - you'll have to PM if they come back to you or miss the deadline..... i'm not always on so PM me if you get a reply please.

Thanks NID. I will def PM you if and when I get a letter

melissa'smoney

Hiya

As your problem lies with utilities, I'm not going to lie to you - I'm not going to be much use I'm afraid as utility companies do not conform to the Consumer Credit Act which is the area I am familiar with.

That said, I do feel you have grounds for appeal and could help you with that - moreso as the DCA and/or BG still had to issue you a default notice, the debt should have been properly assigned and you should have received a default notice and confirmation from BG/DCA that they were planning on defaulting you. They can't just decide one day 'i'll defult these accounts' - lol, it just doesn't happen - there are strict processes in place.

Can you help me with the following then i'll be back later:

- Who issued the default? (BG/DCA - please name the DCA)
Central Recoveries
- When did you last pay
my last DD payement to BG was DEC 07
- Did you get a copy of default notice?
What is one of these please?
- Were you warned your account was in default?
if "payment has still not been recieved" etc then yes
- Did you move from the address that the debt refers to?
no same address
- If yes to above, was that after or before the default date?

Come back to me and i'll sort you with something to send over, should be enough to raise some eyebrows but won't be guaranteed as utilities do not work the same, although we can use certain DPA rules such as processing of data / account in dispute etc so we can kick them into gear which is a start I guess.....

ive just written a massive reply but lost it!!!:mad::mad::mad:

i had to give you all the letter info as they sent me such a mess this is where i felt they were at fault and didnt pay.

Experian report:

Electricity: started 11.5.07
defaulted: 8/11/2008 £24 paid but shoing as active
(im now worried looking at what ive written that this is something outstanding but ive had no letters about this or anything relating to BR for months)

Gas: started: 21/1/2008
defaulted: 15/8/2008 SATISFIED £50

basically non of the figures add up and i dont think BG had a clue what they were doing?!!?

electricity account:
12th Jan 2008 final bill £131.99 Spoke to a manager called claire as due to their mess up with increasing my DD without asking offered me £20 discount of both bills, gas and elec. Worked out costs on phone and elec came to £131.99-£20=£111.99. Fine. Send you paperwork...
15th Jan...paperwork and payment card for £131.99 :rolleyes: we'll send it again, sorry.....next one arrives, exactly the same...

more phone calls.....

26th jan then i get a bill, ignore the otherone, your new FINAL bill is £94.80..so i ring up, this will need the £20 taking off please....
don't sort it out...

25th feb - overdue electricity bill for £90.38??!!? :mad::rolleyes:
ring them up, this isnt right had many different bill versions...etc

10th march warning of court action letter for £99.38....
completley disregarded what im asking for, im willing to pay but you agreed to give me £20 good will gesture, knock it off and send me a bill.....THATS ALL IM ASKING!!!

21st April 2008 letter from Central Recoveries for £99.38....ring them explain im in dispute with BG and why....contact BG to ask them just to sort the bill out!!!

Didn't hear from BG again or DCA until end of last year when i got bailiff letter asking for £24 which i paid in full (again no idea what happenend to £99.38 or where £24 came from)

Gas

12th jan final gas bill £100.54 ring up this is wrong
pretty much the same story. Worked out with Claire manager gas bill £80.54 - £20 goodwill =60.54

15th jan payment details from phone conversation with claire for £70.54 ring up this is wrong......3 different figures?!!?

11th feb 08
letter overdue gas bill for £24?!!?:mad:
25th feb letter warning of court action for gas £24

ring up, this is wrong figues, quote ones given by claire over phone.....no response.

hear nothing until the 3rd april letter from central recoveries overdue gas account of: £50.54??!?!:mad:
ring up explain dispute....ring Bg...nothing....

again hear nothing until end of the year when i get bailiff letter asking for £50 to settle gas account...pay in full....

Gobsmacked and never understand how they got it so wrong....?!!:mad::mad:

thank you for your patience in reading this x

Parki_2

never-in-doubt wrote: »

cos they are notorious for not keeping data mate. They, along with MBNA have been stung big time cos of unenforceability thus they wanted to apply for a 'stay' but was rejected.....

also, back in 2002 unenforceability was a pipe dream so they issued defunct/unlawful CCA's - most banks/lenders did.

I have an egg default but it comes off next year. Wish I had knew this years ago ;p

never-in-doubt

melissa'smoney wrote: »

ive just written a massive reply but lost it!!!:mad::mad::mad:

thank you for your patience in reading this x

i'll do you a letter to send, overnight, it'll be here in morning ok> hope that helps..... good luck!

N-i-D

never-in-doubt

Parki wrote: »

I have an egg default but it comes off next year. Wish I had knew this years ago ;p

lol, yea well years ago unenforceability was unheard of matey

you could have been the first case - we'd be famous already lol :T

and.................... rich!

melissa'smoney

never-in-doubt wrote: »

i'll do you a letter to send, overnight, it'll be here in morning ok> hope that helps..... good luck!

N-i-D

thank you very much xxx

never-in-doubt

melissa'smoney wrote: »

thank you very much xxx

Hiya,

Ok I’d be looking to send something similar to the letter below. Keep it to the facts, don't get personal and see what happens.

This letter will be going to British Gas - not the DCA - as you're now going back to state the account was in dispute at the time the debt was (allegedly) sold to Central Recoveries.

Good luck - keep me posted with progress, as I say not my specialist subject (utilities) but should be ok sending the following:

N-i-D
:D

---

Letter to send:

---

Account in dispute

Dear Sirs

Re: ACCOUNT NUMBER: XXXXXXX

After recently obtaining a copy of my credit file(s) I was concerned to note that your company has placed two "Default" notices against an account in my name. Further to this, I have no recollection of ever receiving any such notices, and I therefore require you to substantiate this data at your earliest convenience.

I can only assume these defaults refer to my Gas/Electricity accounts which I assumed were paid-up and finished, being you had never wrote and told me otherwise.

To briefly update you with developments to date;

Electricity Account:
On 12.01.2008 I received a final electricity bill of £131.99. As you'd been taking the wrong amounts from my bank, causing me unnecessary bank charges, a manager called Claire agreed to offer me £20 discount off both bills, gas and electric. We worked this out to give a total owing of £111.99 (balance was £131.99 prior to this agreement).

On 15.01.2008 I received paperwork and a payment card asking me for £131.99, I telephoned again and was told not to pay but to await revised figures. The same happened again, you asked for £131.99.

On 26.01.08 I get a new revised bill with accurate readings for the amount of £94.80, again missing the agreed £20 discount. I rung to be told that a revised card would be sent and to await this. I hear nothing until 25.02.08 when I receive another revised bill this time showing a balance of £90.38 so I duly ring again asking for the £20 deduction to be made.

Then, out of the blue on 21.04.2008 I receive a letter from Central Recoveries requesting I pay them £99.38. I rung them and confirmed the account was in dispute with British Gas and that they had no legal right to chase me whilst the account was lawfully in dispute.

I then waited on your response and eventually got a letter towards the end of 2008 threatening me with bailiffs unless I paid £24. I rung and immediately paid this.

Then I notice a default registered against me. I never received a copy of anything from either British gas nor Central Recoveries regards to my account being in default, let alone an official default notice as required by law.

As you can see from the above, it is not my fault the account remained in arrears when I was awaiting correct invoices & documentation from British Gas; the account was in dispute and so could never be assigned to a DCA; the account was under contract and as we had an agreement in place, British Gas had no legal entity to end such contract without my knowledge and I never received a copy of any default notices.

I thereby raise doubt to the whole debt, place the account into formal dispute and demand immediate cessation of all processing regards to this account until we can come to a satisfactory conclusion.

Gas Account:
Similar story as above; received a bill for £100.54, spoke to Claire who said it should have been £80.54 and then with the £20 discount this figure would drop to £60.24.

On 15.01.2008 I receive a revised bill which shows the amount due as being £70.54 so yet again I ring up and was told to await correct documentation before making payment.

Then on 11.02.2008 I receive a letter advising my overdue gas account as owing £24, I ring to be told that I need to await the correct invoice and then out of the blue, receive a letter on 25.02.2008 advising me that court action will be taken unless I immediately pay the £24. So I ring up and again get advised that this amount is incorrect and to await the correct invoice.

Then on 03.04.2008 I receive a letter from Central Recoveries demanding repayment of £50.54 and so I ring them and explain everything to them and formally placed this account into dispute which I was led to believe would return the account to British Gas.

I hear nothing until the end of the year whereby I receive a Bailiff threat unless I ring and pay £50 which I immediately done.

Similarly to the electricity account, this account cannot be defaulted without sight of default notice and whilst the account is in dispute.

I feel that being you’ve done nothing but mess me around by continually issuing false invoices that the best course of action here would be to remove all defaults and trace of the accounts from all 3 CRA’s and close your file. The alternative will be my seeking not only enforcement by way of judgement at the county court; but also adequate compensation for the repeated abuse of my personal data, in particular breaches of the Data Protection Act. I have after all made valid payments as and when requested, but simply refused to pay when the bills were incorrect. All I wanted was one bill for the right amount as agreed on the phone with several representatives from British Gas.

Unless you agree to the immediate removal of all defaults and close these accounts down, I will seek redress through the courts, report you to the appropriate authorities for your shortcomings and seek compulsory compensation.

Both these accounts are now formally placed into dispute and 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 the three (3) 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 then 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 farcical way in which I’ve been treated by British Gas and associated third parties gives a clear basis for 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.

All I want is closure, simply remove all trace of these defaults and close the accounts and I’ll be happy to draw a line underneath this whole episode. The alternative will be far worse.

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

melissa'smoney wrote: »

thank you very much xxx

The address to send the letter is:

Andy Eley
Head of Complaints
British Gas
PO BOX 1577
Southampton
SO18 9EX

And make sure you spend the postage and do it special delivery - not recorded but special. This way you know it has been sent and have an audit trail to argue, should this go to court.

Hope this helps......

**dancingbutterfly**

hiya all!

Nid,
i sent my letters recorded with cheques on the 19th may as you so kindly helped me with! :A and ive checked my bank this morning and theyve cashed the cheques in. so does that mean they should sort it out for me?! (i know its prob doubtful!)

also, i have to give em 21 days dont i before we send another letter? ive got till the 9th june i think.

i'll keep you posted if i hear anythin!

cheers mate!:A

never-in-doubt

**dancingbutterfly** wrote: »

hiya all!

Nid,
i sent my letters recorded with cheques on the 19th may as you so kindly helped me with! :A and ive checked my bank this morning and theyve cashed the cheques in. so does that mean they should sort it out for me?! (i know its prob doubtful!)

also, i have to give em 21 days dont i before we send another letter? ive got till the 9th june i think.

i'll keep you posted if i hear anythin!

cheers mate!:A

Good, at least you know they will be dealing appropriately - they will send you a CCA but don't worry..... lets wait until at least middle of June, just remind when the 21 days are up.... but regardless, you don;t have to jump on them cos after all you want it removed so we always allow a few extra days 'grace'.....