Sutton's default removal letters

never-in-doubt

just_about wrote: »

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 !!

Hiya

Sorry to hear about your issues...... In a nutshell, no you can't get it removed as technically you paid it and never used it as a bargaining tool at the time (see my previous post to lozilla for an example of the bargaining tool) - its a shame but what you could do is actually write and request politely that they remove it but they do not have to.

However, some solace is that you could reclaim some charges, maybe rattle them into submission this way but very unlikely. Personally, i'd try the softly softly approach - not much you can do legally i'm afraid....

p.s. having a cash card account will not affect you whatsoever but you will struggle to get any credit for the next 5yrs i'm afraid to say.

Which report does the default show on, if it shows on Equifax and Experian then you've no hope....

never-in-doubt

Actually, just had a thought...... did you ever moan about the amount of charges applied to your account? If so you 'could' try and blag an account in dispute and see if that works, then issue s.10 Cease & Desist - as they have added a default a little quick you could demand removal - but no guarantee it will work.....

just_about

never-in-doubt wrote: »

Hiya

Sorry to hear about your issues...... In a nutshell, no you can't get it removed as technically you paid it and never used it as a bargaining tool at the time (see my previous post to lozilla for an example of the bargaining tool) - its a shame but what you could do is actually write and request politely that they remove it but they do not have to.

However, some solace is that you could reclaim some charges, maybe rattle them into submission this way but very unlikely. Personally, i'd try the softly softly approach - not much you can do legally i'm afraid....

p.s. having a cash card account will not affect you whatsoever but you will struggle to get any credit for the next 5yrs i'm afraid to say.

Which report does the default show on, if it shows on Equifax and Experian then you've no hope....

Hi, N-I-D

Thanks a lot for your suggestions. Actually yheh the default is showing in all the three CRAs :mad::mad:

However the reason I settled the account was because I was advised that if i do so, then this wold be looked as favourably by the lenders while assessing me for credit in the future, and i totally bought that, until i started to follow this forum.

I think I might as well give the softy approach a try as suggested by you and keep my fingers crossed, as five years seems tobe quite a long time :rolleyes:

Also is it possible to suggest that which department of barclays should i address my letter to, and where ca i find their address ?

Thanks A lot for the suggestions again.

never-in-doubt

just_about wrote: »

Hi, N-I-D

Thanks a lot for your suggestions. Actually yheh the default is showing in all the three CRAs :mad::mad:

However the reason I settled the account was because I was advised that if i do so, then this wold be looked as favourably by the lenders while assessing me for credit in the future, and i totally bought that, until i started to follow this forum.

I think I might as well give the softy approach a try as suggested by you and keep my fingers crossed, as five years seems tobe quite a long time :rolleyes:

Also is it possible to suggest that which department of barclays should i address my letter to, and where ca i find their address ?

Thanks A lot for the suggestions again.

Ahhh they always use this approach, load of rubbish - a default is a default, settled or not! There is no such thing as a good default or that they will looked upon favourably....

You need to send letter to the people that added the default so either Barclays or the DCA if one was used......... who added the default?

If it was Barclays then send to customer relations and blag it by saying you were promised if you paid that the default would be removed - see what they say..... if they deny it then try s.10 and acct in dispute!

just_about

never-in-doubt wrote: »

Actually, just had a thought...... did you ever moan about the amount of charges applied to your account? If so you 'could' try and blag an account in dispute and see if that works, then issue s.10 Cease & Desist - as they have added a default a little quick you could demand removal - but no guarantee it will work.....

No unfortunately I did not.

However From what i can see in my Equifax is that a Default was marked against me April last year, although I still had made partial payments on that account, the last being as late as june last year, (The account was open, however i could not make any transactions on it until had bought back to its agreed limit, which was to 0 ).


However after june when i failed to make any further payments after a few months I started getting letters from the DC, asking me to make the final payment, and deemed the account to be closed.

So is it possible for Barclays actually to keep an account open even after it had been marked as 'default' ? I don't really know that how the legalities work here. Am all confused.

So once again any suggestions would be really helpful.

never-in-doubt

Sorry, that confused me..... please elaborate.

Are you saying that the account was live and you had an agreement to pay and were doing so and they then added a default? Please be specific as this makes a big big difference....

just_about

never-in-doubt wrote: »

Ahhh they always use this approach, load of rubbish - a default is a default, settled or not! There is no such thing as a good default or that they will looked upon favourably....

You need to send letter to the people that added the default so either Barclays or the DCA if one was used......... who added the default?

If it was Barclays then send to customer relations and blag it by saying you were promised if you paid that the default would be removed - see what they say..... if they deny it then try s.10 and acct in dispute!

Thanks a lot for your suggestion once again.

It indeed was Barclays who added the default. The DCA told me that if i pay the settlement figure off then it wouldbe view as favourably by the lenders, don't quite remember of they said it was gonna get removed from the CRA file, however I think I would try my luck writing to Barclays as you suggested and see what happens !! It's just that 5 years seems awfully long, and it's just that 1 default and that too for an bank account!! The rest of my file is like clean, apart from just 1 payment late maker just once, thats what irritates me even more !!!!!!! :mad:

just_about

never-in-doubt wrote: »

Sorry, that confused me..... please elaborate.

Are you saying that the account was live and you had an agreement to pay and were doing so and they then added a default? Please be specific as this makes a big big difference....

Exactly !!!! The account was live when I was making this payments, under 'Arrangement to pay' as you said the last of which was made in June 2008, after which i failed to pay the rest of the balance of my overlimit. However the date that account defaulted on that outstanding amt which i failed to pay after june is showing APRIL. dunno how is that possible !!

I do remember that I made my last payment in June 2008, when the account was still live. It's like, say i had xxx amt over my agreed limit on the account. Then had an arrangement to pay with barclays to clear that xxx off over a certain period of time, the payment for which i last made on june last year, which cleared like almost half the balance of my overlimit account and till then the account was active and i could put money in it.

However I failed to make any further payments after June, so like broke my 'arrangement to pay' promise with barclays after june to clear the rest of the outstanding balance.

So am guessing the account must have been closed sometime after that.

However what is funny is Experian and Equifax Both are showing the amount that i defaulted on is the rest of the balance which was outstanding from the overlimit on my account - (THE OUTSTANDING AMT WHICH I FAILED TO PAY AFTER JUNE 2008 ), However the date that the account defaulted on is showing APRIL 2008.

So don't know how is that possible ?

jon_boy75

jon_boy75 wrote: »

• In March this year I sent them a nice letter asking them to remove a default from my CallCredit file posted in 2006, as it was false and I never defaulted or received a notice. I only noticed it this year as I was accessing all my files after cleaning up my act many years ago. Also, to check the accuracy of everything. It's scary how often mistakes are made!
• Their response was to ignore me, but post a default with Experian also for the same closed account!
• In April I sent them a request, including payment, for all statements and default notices. When I realised the slight gap in my request, I followed this up with a full SAR
• They responded saying they have the notices, but have failed to send them to me. They havent responded at all to my SAR.
• 40 days will be up (unless it should be 28) in about 10 days time, after which I will send them a warning that they're in breach of the DP Act.
• I'm hesitant about going to the ICO as I would rather just go to court. I dont believe they will respond to anything except a court order
• Plus, I would love to get a mortgage soon after I get married. Not a lot to ask for is it?

As a footnote, and some historical context as to why Abbey are doing this, I challenged them over bank charges back in 2006, settled out of court for £2,600. I then closed the account after paying off the full balance.

Sad but true...this is their petty revenge.

hello all

so, i'm now about to enter phase 2 with Abbey, who failed to respond to my SAR within 40 days. I am sending them a follow up letter asking for response within a week (both sent recorded). when they fail to respond to this, which I'm certain they will, I am inclined to start a claim via moneyclaim. I dont think the ICO have enough power to support me fully...any thoughts on this welcome.
I want to open a court claim because this is the fastest way to get a response, and this has been ongoing for more than 3 years in total.
Anyway, I will keep you posted folks

Sammy_Girl

just_about wrote: »

Thanks a lot for your suggestion once again.

It indeed was Barclays who added the default. The DCA told me that if i pay the settlement figure off then it wouldbe view as favourably by the lenders, don't quite remember of they said it was gonna get removed from the CRA file, however I think I would try my luck writing to Barclays as you suggested and see what happens !! It's just that 5 years seems awfully long, and it's just that 1 default and that too for an bank account!! The rest of my file is like clean, apart from just 1 payment late maker just once, thats what irritates me even more !!!!!!! :mad:

Hi Just_About,

Sorry to hear abour your troubles. If you can't get the defaults removed - then it doesn't mean that you will never get credit until it drops off. I have 2 defaults registered on my files (both settled) - from 2004 & 2007. They were both for about £4k each - so no small sum. Anyway, I have still managed to get other credit accounts to improve my rating - Cap1 CC, Vanquis CC, MBNA CC, A&L Premier Current Account - to name a few. So pls don't despair - it is possible. But from here on in, you just need to ensure that you keep any credit agreements spotless - no late payments, no going over limits etc.

Good luck, and keep us updated