Sutton's default removal letters

Lozilla

Hi I don't know what to do: whether to pay off a default Carphone Warehouse default of £400 and trust they will remove it from my credit report or wait 5 years til it drops off?

Sorry if this doesn't fit into the topic as well others, I've read many of your posts NID, Noah, Parki and Sammy_girl and I'm so more clued up about stuff like this than before cheers I think somebody said mobile phone debts don't come under CCA? I have not paid the default and I kick myself for it as it's the only one I have, according to Experian as the other two CRA checks pending.
I called up to pay a monthly bill and paid an Israeli mobile network provider called Cellcom Ltd using a CPW phoneline, O2 and CPW denied connection to Cellcom Ltd and I was passed back and forth, they defaulted really quickly after (Incidentally CPW bought Cellcom Ltd in 2000!).

I'm totally willing to pay it as I'm in a better situation now, spoke to CPW and they told me they would remove it from credit file. I asked for this in writing and an email to see their exact wording. Their email:

With regards to account: XXXXXX (Mobile - XXXXXXXXXXX), this account is now disconnected and a debt for £400 has been written off as we were not able to collect the payment from yourself. In order to remove this from your records (credit file) as a bad rating you will need to settle the amount and make the payment to the Carphone Warehouse so that your credit file can be ammended. This process can take anything up to 2 weeks.

Has anyone else got a default removed by a mobile network provider? Will the default be 'amended' or 'removed' what do you think?

never-in-doubt

Sammy_Girl wrote: »

Ok, I've snet them now. I did 2 seperate letters and sent them seperate - both recorded delivery. I think they'll write back saying that they want ID again, so I'll just send them a utility bill. I won't send anything with a signature on or bank details.

Oooh, I'm looking forward to a reply already - I'm feeling this is going to be a drawn out process lol

Hiya Sammy,

Yes it will be drawn out, what we always say is to give 6mth from start to finish to get it sorted. Thats a realistic timescale and proves you won't just go away.

Regards to sending a bill in, don't. Now you've sent the letters you must stand firm and if needs me, go through the ICO and formally report this. I have with regards to my SAR at Call Credit. Demanded a signature and I pointed out they have no right to ask and sent complaint to ICO. I am awaiting a response but so what, I would rather hold back and let the ICO fine them £5k then have to deal with me - at which point they will know not to mess me about or they get another fine!

Yea, slow process but i'm standing firm and if needs be will go to court as nowhere does it say I have to sign in order to get a SAR and as such, out of principle, I refuse to do so. They think they are lawless and they are surely mistaken. They have, unfortunately, messed with the wrong cowboy on this ocassion!

You now need to be firm and let me know if you get anything through! Good Luck! :T

never-in-doubt

Jem2882 wrote: »

Hi never-in-doubt,

Thanks for replying to my post. Right ive just checked my files again, and the 7 defaults are from 1 catalogue only and were placed there by ICG, ive now retrieved an address for them from callcredit, but im unsure as to what i need to put in a letter to them, and i also have no account number to give them if they they request one?

The default with 02, was placed on my file by 02 themselves, the account was opened on the 20/12/06 and was then closed on the 12/12/07 with a default. Im not the sharpest tool in the box, and im having trouble understanding what to do lol!!

Thank you very much for your help.

Jem

Hi, can you please confirm:

1. Is this 7 defaults for one account or 7 defaults for 7 accounts?
2. Who are the original lenders, i.e. catalogue name(s)
3. Did you owe money and if so, does this amount tally with the default amounts?
4. Did you ever get a default notice/notice of assignment when the lender sold to the debt collection agency (DCA)?
5. When was the default(s) placed on your file?
6. Have you moved address since the defaults?
7. Have you got all 3 credit reports or just call credit? Call Credit (CC) are the worst so don;t worry about them at all. Its Experian & Equifax you should be worried about - you need to have a copy of these in order for me to best assist.
8. What is the full name of the DCA?
9. Regards to o2, we'll come back to this later.

You will be able to request account numbers from the CRA - so after you get your Experian & Equifax files you ask for the contact details and all account numbers for defaults and they will send them you. You can do this by email which is quicker, once you join (unless you opt for the £2 statutory report)....

Its always best to have online access when you are taking any action, such as this. If not then things will be slow and painstaking and probably cost more in he long run as you need regular access to your files to see any changes and report back. Postal (£2 statutory) will take too long.

You need to give me some background, then the help will be easier. Be honest as well, it doesn;t matter but the truth helps to sort things!

PM me if i'm not around and i'll come check the thread.

N-i-D

never-in-doubt

Lozilla,

Assuming you are happy to pay the debt outstanding, you may be better sending a letter similar to this - but a mobile contract does not conform to CCA regulations:

---

Dear CPW,

Ref: XXXXXXXX

I write with reference to previous communication regarding an outstanding balance on the account and wish to make an offer to resolve that will suitably please both parties.

As the disputed balance was indeed disputed, the balance was never paid as I was awaiting additional correspondence and feel that you were too hasty in issuing a default in the first place. As such, I feel a comprimise should be reached that suits both parties. The balance was never left due to any kind of fraud or negligence but due to the amount being in dispute. As a result, should I decide to take this through the County Court there is a high probability that this will become enforced and so to save us both the time and hassle of litigation, I confirm I am more than happy to settle the amount owing so long as you can agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letterheaded paper, confirming the exact amount owing and I will send a cheque by return.

I look forward to your response.

Yours faithfully,

Sign here

Lozilla

never-in-doubt wrote: »

Lozilla,

Assuming you are happy to pay the debt outstanding, you may be better sending a letter similar to this - but a mobile contract does not conform to CCA regulations:


Thank you this is spot on! I'm expecting written communication from them about the default being 'amended' or 'removed' but the letter I'm expecting is unclear, like the email, and I'm sure they will back track. But I'm going to post this letter tomorrow too, especially as you stipulate the terms exactly. I am willing to pay yes as I don't dispute that I owe them money, was dismayed that they defaulted so quick as enjoyed having a contract.

Do you mean that as mobile debts do not conform to the Consumer Credit Act regulations, they are not as serious and are then easier to be removed from credit files?

Thanks again

never-in-doubt

Lozilla wrote: »

Do you mean that as mobile debts do not conform to the Consumer Credit Act regulations, they are not as serious and are then easier to be removed from credit files?

Thanks again

Nooo far from it mate, harder as they do not conform to set legislation such as the CCA. That is why I said if you're willing to pay then do so and they will agree to remove defaults. Put it this way, a lender will always refuse removal of data unless absolute necessary - whether you pay or don't.

A mobile provider, however, prefer the owed money and so will remove derogatory data in exchange for payment - they have no reason to screw you for 6yrs and just want their money. Banks however want others to know to you're a risk and so refuse to remove defaultsm unless you can get them on a technicality etc....

Hope that helps - good luck.

Lozilla

never-in-doubt wrote: »

A mobile provider, however, prefer the owed money and so will remove derogatory data in exchange for payment - they have no reason to screw you for 6yrs and just want their money. Banks however want others to know to you're a risk and so refuse to remove defaultsm unless you can get them on a technicality etc....

Hope that helps - good luck.

Excellent! It does I understand it more, especially as all the sutton and section 10 letters etc seem v complicated and apply to banks, picking the weaknesses out with their unenforceability..phew.
I did have a bank and credit card debt both from 2003 that haven't shown up on Experian, assuming they have dropped off but waiting for other credit agency reports to confirm. Mind you 2003 they should be done this year. One last question though, I'm bartering for the swap of payment then default removal...any chance they could screw me over as in I pay then they don't remove it, then I'm left with nothing to bargain? I couldn't be so cheeky as to say they remove it first then I pay..could I?

Forever in your debt NID for all the advice

never-in-doubt

Lozilla wrote: »

Excellent! It does I understand it more, especially as all the sutton and section 10 letters etc seem v complicated and apply to banks, picking the weaknesses out with their unenforceability..phew.
I did have a bank and credit card debt both from 2003 that haven't shown up on Experian, assuming they have dropped off but waiting for other credit agency reports to confirm. Mind you 2003 they should be done this year. Forever in your debt NID for all the advice

Hiya

Thanks for compliments

Regards to older debts that you mention, they will be gone one month after the 6yr deadline so yea, wait til just after then and apply for credit reports - but you'll have to get them in the next month or so when you make this agreement - you have to check, obviously give them a month to do it after you have paid. I;d add this in the letter.... after the last bullet point add another saying 'the above points are to be actioned no later than 30 calendar days after payment has been added to the account.'

Unenforceability and s.10 (Cease & Desist) is unique to CCA so would never affect you, but personally it's easier than dealing with mobile accounts cos they have conformity with ICO so they have to act appropriately. So do mobile providers but they tend to be a law unto themselves a lot of the time, thus you can haggle with them and have them remove defaults. You may even be able to offer £300 as full and final settlement but personally i'd pay the lot in agreement of remocal of defaults.

The bank and credit card debt may be only reporting to Equifax - bear in mind back then not all lenders used CRA's so if they are from the old systems you may be lucky and not have any default against you for this - however it doesn;t matter cos they come off this year anyway!

never-in-doubt

Lozilla wrote: »

One last question though, I'm bartering for the swap of payment then default removal...any chance they could screw me over as in I pay then they don't remove it, then I'm left with nothing to bargain? I couldn't be so cheeky as to say they remove it first then I pay..could I?

Forever in your debt NID for all the advice

Not a chance in hell they will do that. That is why in your letter you have made it clear that you want it on official letterheaded paper - i.e. it is a legal document and can be used against them if they screw you over. If they send a photocopy this is not acceptable - it must be an original on letterhead.

If they write back and agree to your offer, then you pay and they ignore you and do not remove the data - you send everything to the CRA's who will then deal with it themselves and query it direct. Afterwhich you go to the ICO and finally to court. They will lose and to be honest from experience they do not often welch out of an agreement. :T

You'll be fine.... read the letter and you'll see i've covered every legal aspect and scenario. Even if they renegade, so long as they respond and agree prior to you paying up then you've got them over a barrel.

p.s. if they write back agreeing and the document has the words 'without prejudice' written on it anywhere then do not send payment! Without Prejudice means it cannot be used in court and then they could screw you over (unlikely) but just a warning to look out for this.....

just_about

Hi Guys,

This is my first post on this forum but have been following the threads very closely. Actually I think this is an excellent thread, so thought will put forward my concerns here as u guys have been excellent on the suggestions.

Anyway to start of with I had a full current with barclays with a cheque guarantee card and all that. How ever i went overdrawn on it - unauthorised, (yheh i know have been irresponsible) and barclays were quick to put the charges on it and being out of work at that point of time coudn't pay the overlimit amount to bring the account back to normal, as a result got a default registered against my name.

This Default was registered against my name last year, and the account was simultaneously closed. Have paid off an settlement figure on the account last month so any time now it would be marked as an satisfied default in my CFS. However because of that haven't managed to get ant decent credit uptil now.

So was just wondering is their any possibility of removing a Bank Defaullt which was registered last year?? Also Have opened an cash card account with barclays (the same bank whoo registered the default against my name), so will that hamper the proccess ?? If there is any chance of me getting this bank default removed , how do I go about it ??

PLS HELP !!