Sutton's default removal letters

just_about

Sammy_Girl wrote: »

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

Hey Sammy,

Thanks again for the suggestions. What you said makes me feel much better. However I think since the default is relatively new and wasn't even settled till now, may be that's what was making it worse. However i will still try my luck with barclays, as the default was marked in April with the CRAs while i still had an arrangement to pay with them.

It says the defaulted amt is abt £500, when as a matter of fact the amt outstanding with barclays was more. I made a payment in June which bought down the amt to £500, when actually the amt outstanding till june was abt £750.

So i don't really know if barclays have actually got it right. Let see, will try my luck dat ways.

Again any suggestions will be really appreciated !!
Thanks once again guys :T

never-in-doubt

just_about wrote:

What letter do I send?

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Letter to send to Barclays Bank:

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Account in dispute

Dear Barclays,

Re: ACCOUNT NUMBER: XXXXXXX

Further to paying the alleged debt off, I have since found out that the actual debt may not have been enforceable in the first place as you issued an unlawful default against me.

This account cannot be defaulted without sight of the default notice and whilst the account is in dispute. Barclays never notified me of any such default and instead placed a default against me using inaccurate data and dates. It is also forbidden to issue a default whilst an account is in dispute, as you are well aware.

I am more than happy to draw a line under this if you agree to immediately remove all data registered against me with all the credit agencies. I do feel this is a more than reasonable request being I did pay the funds without question and now the account is clear, I feel removal of the adverse/account data is only fair.

If you refuse, then I will look to take matters further, in particular bringing into question your issuing of a default in April when I was still under an arrangement to pay (account in dispute); I was never informed of any such default, or intended repercussions; the default amount is incorrect and the default date conflicts with my existing arrangement. It should also be reiterated that I did place the account into dispute, at the point you started charging me ridiculous amounts for slightly exceeding my overdraft. As you know, I am well within my right to request a refund of excessive charges but am not interested in this - I only want what is fair and that is immediate removal of all derogatory information.

It was also verbally confirmed to me by your DCA that the data would be removed upon payment being made in full, obviously a deceitful lie which will not go unpunished if I am forced to pursue matters. 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.

This account is 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 Barclays 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

**dancingbutterfly**

hiya all!

Hiya NID hope your well!

the time has come they havent replied to the letter i sent them and theyve cashed my cheques.

im sorry to ask for your help again! i definatley couldnt do it without you!

cheers mate!

never-in-doubt

**dancingbutterfly** wrote: »

hiya all!

Hiya NID hope your well!

the time has come they havent replied to the letter i sent them and theyve cashed my cheques.

im sorry to ask for your help again! i definatley couldnt do it without you!

cheers mate!

Just hold fire a few days. When did you send the letter? If they cashed cheques then they will respond, pointless threatening unless you want to go to court, however if it does go that far in the future then you use this against them, i.e. the breach by being late! Do you get me? Just let them dig deeper holes - it all helps you.

Do not remind them or speak verbally with them either! Must be written!

Hold fire, they will be in touch.... :T

**dancingbutterfly**

haha! yea your right i'll leave it for now.

nope i wont ring em! i think i sent the letters on the 19th of may.

so when shall i report back? should i leave it till next week then?

thanks again mate

never-in-doubt

**dancingbutterfly** wrote: »

haha! yea your right i'll leave it for now.

nope i wont ring em! i think i sent the letters on the 19th of may.

so when shall i report back? should i leave it till next week then?

thanks again mate

yea, leave it until middle of next week. Can you post me (on here) the link to the post of the letter you sent.... assuming it was on here? Ive done that much lately i'm confused with everyones stories lol so need reminding

**dancingbutterfly**

nid

i dont know how to post a link! im sorry!:o

but the letter in question is on page 10 of this thread and its post number 195.

katie:T

never-in-doubt

**dancingbutterfly** wrote: »

nid

i dont know how to post a link! im sorry!:o

but the letter in question is on page 10 of this thread and its post number 195.

katie:T

Here: #187

By the way, the defaults would drop off in 2011 as they stay for 6yrs from default date (2005) or last payment (2008) whichever happens first. So the reason you can probably get credit in some places is due to some lenders not looking as far back as 4yrs.... some do 3 most do 6.

I'm back up to date again now lol

never-in-doubt

When you request a CCA, first and foremost you need to check the prescribed terms to check if they were present.

As a lot of people on here have sent off CCA requests, you need to check this and then post your findings.......

The way you check them is as follows:

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IS MY AGREEMENT ENFORCEABLE?
( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF
THE CONSUMER CREDIT ACT 1974
(Taken from sced.6(1983/1553) regulations )

What do we mean by unenforceable?
In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable. When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.

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Prescribed_terms wrote:

The Pescribed Terms are these

A Amount of credit
A term stating the amount of credit

B Repayments
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest
A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit
This may be a term or the manner in which it will be determined or that there is no credit limit.

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D is applicable



For a Restricted Use Debtor Creditor Supplier

• Where the dealer is the supplier and the creditor is the one providing the finance.
• The money can only be used for the purpose it is given.
• There is no interest on the purchase (the cash price is the same as the total price)
• And there is no advance payment

A is applicable

For a fixed Sum Credit Agreement
A conventional credit agreement with none of the above restrictions

A and B is applicable

For a Hire Agreement

B is Applicable

Parki_2

never-in-doubt wrote: »

Here: #187

By the way, the defaults would drop off in 2011 as they stay for 6yrs from default date (2005) or last payment (2008) whichever happens first. So the reason you can probably get credit in some places is due to some lenders not looking as far back as 4yrs.... some do 3 most do 6.

I'm back up to date again now lol

Which lenders look back4-5 years Mr Nid?

I am still waiting on Cahoot btw but some guy from service relationship team has written to me saying he is dealing with it and liasing with the team responsible for providing information to credit reference agencies. So I will give him some time to look at things personally. Sound right?

Not seen you around on here as much lately btw. Been busy?