Sutton's default removal letters

hack2009

It was the only way in the end, I had exhausted all the other avenues and they were just not interested.

Wrote to ICO, and that was a complete waste of time. He more or less said take it legally.

I received an initial offer from the Solicitor within a week of the claim being issued to them and it was all wrapped up within a matter of weeks.

never-in-doubt

hack2009 wrote: »

It was the only way in the end, I had exhausted all the other avenues and they were just not interested.

Wrote to ICO, and that was a complete waste of time. He more or less said take it legally.

I received an initial offer from the Solicitor within a week of the claim being issued to them and it was all wrapped up within a matter of weeks.

Ahh yes the reason for this is that you obviously had grounds, i.e. they had unlawfully posted incorrect/unlawful data about you.

regards to ICO, yes they do pass the buck a lot but then they can only enforce to a certain level afterwhich they will pass back to complainant for legal action - they will not take them to court for us.

never-in-doubt

sutton111 wrote: »

Hiya Troll, you ok?

Shall I send the 2nd or 3rd letter and should I send it to both Robinson Way and Cabot?

What's happening with the Experian case? can you give any information?

Mate I don't know your full circs so can't advise...... Noah has been following your case so best to ask him, but not being funny have a look at the letters and see what you have already sent or post a new breakdown of events for me:

i.e.

1. Sent CCA request on DATE
2. Received reply on DATE with no CCA
3. Sent this letter on DATE

etc etc - get the idea?

Cheers

hack2009

never-in-doubt wrote: »

What may work for one may not work for all, therefore legal action (or legal success) is totally individual and cannot be generalised.

I understand what you are saying, but the law is the law. If your case is there and they have not provided you with the necessary information/documentation you have requested then how can they defend it??

If they suddenly provide it to a Court, then I am sure the Judge would have to question why they have not supplied it until now.

never-in-doubt

hack2009 wrote: »

I understand what you are saying, but the law is the law. If your case is there and they have not provided you with the necessary information/documentation you have requested then how can they defend it??

If they suddenly provide it to a Court, then I am sure the Judge would have to question why they have not supplied it until now.

Mate, trust me i'm not getting drawn into an argment here but i've had a lot of experience and know what the cost is to take and fight something like this in court.

Let me give you an example; you vs MBNA or even you vs HBOS. Be serious, who will win? Little old you or the barrister that turns up pleading the legalities of your communication and wins by default judgement (strike out)

It becomes awfully expensive and to be honest you were either lucky or just dealt with a company that was clued up.

The law is the law, I agree and I am one of the few here that hate the banks and fight against them (see my posts! or ask sutton) but what you have to remember that large organisations will bankrupt us in the process of winning their case, and they can do this by a simple error in one of your letters.... it really is not worth it - it should be taken as a [STRIKE]last [/STRIKE]final resort!

hack2009

I am honestly not doubting your experience and I can see what you are saying about costs and the possibility of ending up against a top Barrister.

My argument is if you are right and all other avenues have failed then it should be done. I strongly believe more people should use the legal system where appropriate against these people.

Like I say you have obviously had more exposure and experience than I have had. I would honestly take the legal route again without any hesitation if I knew I was right.

sutton111

never-in-doubt wrote: »

Mate I don't know your full circs so can't advise...... Noah has been following your case so best to ask him, but not being funny have a look at the letters and see what you have already sent or post a new breakdown of events for me:

i.e.

1. Sent CCA request on DATE
2. Received reply on DATE with no CCA
3. Sent this letter on DATE

etc etc - get the idea?

Cheers

OK no problem. What I'll do is scan the lot then upload them.

How do I post images which aren't full size?

never-in-doubt

sutton111 wrote: »

OK no problem. What I'll do is scan the lot then upload them.

How do I post images which aren't full size?

Mate just give me brief overview..... what has happened and what have you done......

never-in-doubt

hack2009 wrote: »

I am honestly not doubting your experience and I can see what you are saying about costs and the possibility of ending up against a top Barrister.

My argument is if you are right and all other avenues have failed then it should be done. I strongly believe more people should use the legal system where appropriate against these people.

Like I say you have obviously had more exposure and experience than I have had. I would honestly take the legal route again without any hesitation if I knew I was right.

Ahh but then it does help when we have access to a 'top barrister' for less than £150 per hour. Just a thought to bear in mind.....

However, all i'm saying is please be careful what you post as others will think it is a piece of cake taking a lender to court - it simply isn't and tbh you never actually made it to court - when you do, you then see the real side of how things work and they try and rip you apart with legal terms and knowledge.... bottom line, few actually win.

p.s. your argument about right and wrong, here we go: You get a CC and dont pay and try and utilise the unenforceability route. The bottom line is that you know you owe the money but due to a legal mess you can get out of paying it, this means that the law is not always right.... see my point....

donmonster

Hey folks I have been reading this post with great interest as it is a subject close to my own heart - and pocket!

A few years ago - about 4 to be precise I got into a bit of trouble and I must have about 5 defaults on my credit file. This really affected me when I changed mobile phone supplier (although got through that) and still to this day cannot get a bank account with anything other than a cash card!

So I am very interested in getting my defaults removed from my credit file for a few reasons:
1. Being able to get a half decent bank account
2. Being able to consolidate existing loans at a much lower rate (and no not using this to get more credit just to save myself a considerable amount of money)
3. To finally get rid of them

I think therefore it would be interesting to know if anyone has had any luck with any particular companies or types of account? Mine are across a loan, bank account and credit card accounts.

May I state all defaults were settled about 3-4 years ago and all are marked as settled but obviously the entry before this on the credit file still reads DEFAULT!

What does not seem to have been mentioned here is how to go about it if you have settled your defaults (someone did mention but no process was suggested) Therefore i would like to ask does anyone know what to do - i.e. the steps, letters and order - if this is the case?

Thanks in advance and lets hope we can all help each other here with updates on the stages we are at etc.