Sutton's default removal letters

never-in-doubt

After the lender has provided the CCA, assuming the prescribed terms are not intact, as post above, then you would send a letter similar to this, personalised to your specific situation, obviously adding the relevant text detailing why your agreement is wrong and unenforceable:

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Letter to send after CCA (prescribed terms wrong)

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Dear Sirs,

Account No:

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a document a copy of which is attached which did not comply with the requirements of the Consumer Credit Act 1974.

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection;

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states;

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40.

Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days.

Yours faithfully


Sign digitally

never-in-doubt

Lets assume you have had a default placed against you, it was incorrectly done so, assuming you never received a default notice and any of the above points come into question (i.e. unenforceability/intact prescribed terms).

You would send the following letter off to the Original Creditor/Debt Collection Agency (remember to enclose a cheque for £1.00!) which tells them that you want immediate removal of the default entry from the CRA's if they cannot substantiate the claim.

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Letter to send - (default incorrectly placed)

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Dear Sirs,

Account No: XXXXXXXX

After recently obtaining a copy of my Credit File(s) I am concerned to note that your company has placed a "Default" notice against an alleged account I held with you.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. Please also supply me with a signed, true certified copy of the original default notice.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.

Yours faithfully



Sign digitally

never-in-doubt

Parki wrote: »

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?

Hey up mate, am here - see all my replies lol?

Yea, just hold fire and trust me stop emailing these muppets! Snail mail only. If they email respond with 'Please send via letterheaded paper, this email has been auto deleted and unread/unreceived'

This stops them 'cutting corners'.

Just give them some time, you know as well as I do they will remove the defaults for you..... chill dude! :beer:

Parki_2

Yeah I have stopped replying to their emails it just seemed that one of my old complaints was passed to this guy. I havent emailed him back but if he contacts me again I will send him the reply you mentioned. I will give them time.

I hope they do remove it hah

Also just reading your default letters. If a company admitted that they did not have your default letter as it was computer generated so they are unable to supply a copy is that correct. They say it was issued correctly as they have proof it was sent out. That is incorrect isnt it?

Also if an account is settled. Are they not required to provide you with a copy of your CCA Agreement?

never-in-doubt

Parki wrote: »

Yeah I have stopped replying to their emails it just seemed that one of my old complaints was passed to this guy. I havent emailed him back but if he contacts me again I will send him the reply you mentioned. I will give them time.

I hope they do remove it hah

Good man - just be patient...... they will remove it. If not we'll make em

Parki wrote: »

Also just reading your default letters. If a company admitted that they did not have your default letter as it was computer generated so they are unable to supply a copy is that correct. They say it was issued correctly as they have proof it was sent out. That is incorrect isnt it?

Just cos they say so doesn't prove anything so they are talking rubbish. Read the letter I added above - its governed under s.189 CCA 1974.

Parki wrote: »

Also if an account is settled. Are they not required to provide you with a copy of your CCA Agreement?

Yes, course they are - whenever you pay £1 and request it they should send it, however they only have to retain records for so long so if the account was closed properly, with £0 balance and never passed to DCA's etc then after 3yrs (most use 6) they can delete your whole file if they want. Why do you ask?

You got the CCA didn;t you? But then again your case is unique as they have agreed so just hold fire

Parki_2

never-in-doubt wrote: »

Good man - just be patient...... they will remove it. If not we'll make em



Just cos they say so doesn't prove anything so they are talking rubbish. Read the letter I added above - its governed under s.189 CCA 1974.



Yes, course they are - whenever you pay £1 and request it they should send it, however they only have to retain records for so long so if the account was closed properly, with £0 balance and never passed to DCA's etc then after 3yrs (most use 6) they can delete your whole file if they want. Why do you ask?

You got the CCA didn;t you? But then again your case is unique as they have agreed so just hold fire

Yeah I got my CCA for cahoot so I am just holding fire with that as they have never said they would not remove it so they could still be getting around to it.

xxkizxx

Hi all, advice needed i currently have a on going dispute with capitalone( have done since late last year) over my credit card i recently applied for a copy of my Cca i recieved just a piece of paper with the only details about me on there being my name and address none of the info required to be an original copy i sent letter two from suttons default thread ( Account in Dispute) over a fortnight ago still waiting to hear from them in connection to this, Which clearly states :
* You may not add furthur interest or any charges to the account
* You may not pass to a third party
* You may not register any imformation in respect of the account with any credit refference agency
* You may not issue a default notice related to the account.

Imagine my horror this morning to recieve a alert on my experian credit report stating that capitalone have placed a default notice on my account.
Anybody got any ideas what i can do about this?
I started my dispute with them in April and default was registered May 9th, do you think i have a leg to stand on in getting this removed?:mad:

never-in-doubt

xxkizxx wrote: »

Anybody got any ideas what i can do about this?

Hi,

You would send the following letter off to the Original Creditor/Debt Collection Agency (remember to enclose a cheque for £1.00!) which tells them that you want immediate removal of the default entry from the CRA's if they cannot substantiate the claim.

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Send this letter

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Account In Dispute

Dear Sirs,

Account No: XXXXXXXX

After recently obtaining a copy of my Credit File(s) I am concerned to note that your company has placed a "Default" notice against an alleged account I held with you.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. Please also supply me with a signed, true certified copy of the original default notice.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I draw your attention to the fact that the account was formally in dispute since April 2009 and as such, you are not permitted to take any action against me. Why then, was a default registered against me in May 2009?

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I formally request that this data is provided to me within the next 21 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.

Regards to my account being in dispute, you should be aware that a creditor is not permitted to take ANY action against an account whilst it is in dispute. In particular;

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* 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.

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

UncleSimit

MasterSimit wrote: »

I'd be more than willing to go court if I had any grounds to do so. I got no proof the removal was agreed between myself and them (they claim it's on file that I was informed it would NOT be removed). Plus it's within their right to keep it on file anyway.

If anything I'll still do a SAR and see what I can find.

Cheers for the help though.

So I'm still waiting for my files from Three so I can dig deep and find some errors to use against them to get this default removed. Just a question in the mean time though.

I noticed on my credit file that a second account I had with them at exactly the same time has more late payment markers but was never defaulted.

The markers appear as such on the my file:

[FONT=&quot]Second account - 0,0,0,0,1,2,3,3,3,3,0,0

First account (defaulted) - 0,0,0,1,2,3,3,3,8


[/FONT]This has got me wondering if you have to be in a certain amount of months arrears before you can be defaulted and if maybe Three defaulted me before this time was up (or maybe I was just lucky to not be defaulted on my second account also).[FONT=&quot] Any ideas?

I also noticed that the defaulted account no longer appears on my Equifax file but only on my Experian one. This seems to be only the case of late as in 2007 is was on there .


[/FONT]

never-in-doubt

MasterSimit wrote: »

So I'm still waiting for my files from Three so I can dig deep and find some errors to use against them to get this default removed. Just a question in the mean time though.

I noticed on my credit file that a second account I had with them at exactly the same time has more late payment markers but was never defaulted.

The markers appear as such on the my file:

[FONT=&quot]Second account - 0,0,0,0,1,2,3,3,3,3,0,0[/FONT]

[FONT=&quot]First account (defaulted) - 0,0,0,1,2,3,3,3,8[/FONT]


This has got me wondering if you have to be in a certain amount of months arrears before you can be defaulted and if maybe Three defaulted me before this time was up (or maybe I was just lucky to not be defaulted on my second account also).[FONT=&quot] Any ideas?[/FONT]

[FONT=&quot]I also noticed that the defaulted account no longer appears on my Equifax file but only on my Experian one. This seems to be only the case of late as in 2007 is was on there .[/FONT]

Nah they will/can default you whenever they like, but it has to be after allowable time to negotiate payments and/or gone away so usually 3mths is a good indicator but really most wait until at least 6 for obvious reasons (i.e. you may pay)...

TBH if you were late in paying then it went into default, this is normal and really you can only try blagging. If that suits you (i.e. blag by sticking to your guns that they told you the info would be removed) then send a s.10 cease & desist/account in dispute letter.

All defaults have to be removed during dispute...... rarely they remove them but make them see sense. However as you issued SAR i'd hold fire for the content and see what they say about you.