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Sutton's default removal letters

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  • Hi
    I need help to get my credit file in order after looking through the forums this seemed a logical place to post.
    I have defaults settled with virgin media and orange (showing as settled on my credit file ) and the defaults still outstanding with nat west bank, hsbc and tmobile also I have 2 ccj's.
    The ccj's 1 is from DVLA for a car i sold and was spotted on the road with no road tax I had sent the log book back to dvla but was out of the contry for a while and had no knowledge that they did not recieve it and they fined me £100 i was not aware of this until i came back and was informed by relatives. The other ccj for a credit card hsbc £1500 the default has just dropped off but the ccj still remains also I was out of the country at the time the ccj was served so I had no knowledge till I returned back to UK.
    I am unsure as to which letterds I can use for who and would appreciate any help I also I am willing to settle the defaults but only if they remove the said defaults as I have been told a default is just as bad settled or unsettled.
    thanks in advance
  • Hi,

    I hope I am posting this in the right place, I need some help with the removal of a default notice.

    In March 2008 I moved house, I notified all companies of the change but for some reason Barclay's did not update my records. Over the course of the following 4 months I wrote 3 letters, made 2 phone calls and went into a branch to change my address, but they seemed unable to update my account properly.

    At the end of 2008 I received a letter from a debt collection agency notifying me that my account had been closed and I owed the balance of my overdraft, about £200. I contacted Barclay's who told me I hadn't responded to any of their letters requesting I pay off my overdraft so they closed my account. They had been unable to contact me so passed the debt to an agency. I was annoyed that the agency had managed to find me in about 10 days, but Barclay's hadn't been able to find me in over 6 months. Plus I had notified them countless times of the change of address, but their systems hadn't been updated. Unfortunately I didn't send a letter recorded delivery, and they claimed I hadn't called at any stage.

    The credit agency placed my debt on hold whilst letters went back and forth for about another 4-5 months, finally the agency told me that I had to settle the debt with them and then reclaim it from Barclay's at a later date if I could prove it wasn't my fault. I thought this was a bit off, but paid the debt anyway in full. I kept trying to resolve with barclay's but finally decided I was best rid of their account anyway so forgot all about it.

    I pulled a copy of my credit file recently to find that during the time I had an open complaint with Barclay's they logged a default against my account for the full balance. They have recently updated it but only to show that 50% has been paid off. The whole balance was paid off in March 2009. I am really annoyed that they are taking so long to update the correct information, but also that they stuck a default against me whilst I had an open complaint with them. I have contacted them and they say that the default was issued just before I opened the complaint, but actually I think they did it between me calling them and then actually receiving the complaint letter.

    Is there anything I can do to get the default removed. I have had an excellent credit history to this point, and am now stuck with this default for the next 6 years.

    Thanks for your help.
  • jamie_k_2
    jamie_k_2 Posts: 22 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    jamie_k wrote: »
    Hi there

    I'm new to this site however not new to moneysaving!

    Right the situation is this-

    I lost my job a few years ago and therefore was unable to pay the monthly repayments on a HSBC loan and basically dug my head in the sand rather than try sort things out. The loan debt was sold on to a DCA and have now sorted myself out and virtually cleared this debt now with the DCA, however its only from visiting this site i realised i never received a default notice or the fact the debt was sold on.

    Therefore I used to first template letter in this thread to HSBC requesting the CCA and true copy of default notice. No response for approx 6 weeks! so yesterday send template letter 2.

    today received letter from HSBC:

    We refer to your letter dated 2 May 2009 and apologise for the delay in your response.

    Please accept this as confirmation that following the closure of your accounts the debt is now being handled by our collection agents, please ensure all future communication is addressed to:

    Metropolitan Debt Recovery Service
    ***address***

    A copy of your letter has been forwarded to this office and a response will be issued by Metropolitan Collection Services under seperate cover in due course.



    Now basically I have requested the CCA and relative information from HSBC which they are legally obliged to supply me and it seems they are trying to pass the buck. They issued the default according to my credit report so is it them I am supposed to be dealing with not the DCA? Also I sent template letter 2 yesterday so they should receive this possibly today so should I wait and see what their response to that is?, should i make any communication at all with the DCA??

    Many thanks for your help
    Jamie

    I would be eternally grateful for some advice because I don't know what to do regarding this response from hsbc!
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    jamie_k wrote: »
    I would be eternally grateful for some advice because I don't know what to do regarding this response from hsbc!

    i'll look at this tomorrow for you.... same with others - i'm having a day off lol :beer:

    Be patient, its a saturday! no one is open today! :eek:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • jamie_k_2
    jamie_k_2 Posts: 22 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    i'll look at this tomorrow for you.... same with others - i'm having a day off lol :beer:

    Be patient, its a saturday! no one is open today! :eek:

    Day off??? Pffft Some of us gotta work. Well if you call working spending the day browsing the web that is!
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    jamie_k wrote: »
    Hi there

    Right the situation is this-

    I lost my job a few years ago and therefore was unable to pay the monthly repayments on a HSBC loan and basically dug my head in the sand rather than try sort things out. The loan debt was sold on to a DCA and have now sorted myself out and virtually cleared this debt now with the DCA, however its only from visiting this site i realised i never received a default notice or the fact the debt was sold on.

    Therefore I used to first template letter in this thread to HSBC requesting the CCA and true copy of default notice. No response for approx 6 weeks! so yesterday send template letter 2.

    today received letter from HSBC:

    Ok, the fact they delayed things only helps you - don;t worry about this too much..... it will be explained in your next letter.
    jamie_k wrote: »
    We refer to your letter dated 2 May 2009 and apologise for the delay in your response.

    Please accept this as confirmation that following the closure of your accounts the debt is now being handled by our collection agents, please ensure all future communication is addressed to:

    Metropolitan Debt Recovery Service
    ***address***

    A copy of your letter has been forwarded to this office and a response will be issued by Metropolitan Collection Services under seperate cover in due course.

    Correct, this is the right thing to do as HSBC must have assigned the debt to the DCA. The DCA will start to communicate with you from here-on-in. Makes life easier, you'll be questioning the assignment later - again, will be pointed out in your next letter.

    jamie_k wrote: »
    Now basically I have requested the CCA and relative information from HSBC which they are legally obliged to supply me and it seems they are trying to pass the buck. They issued the default according to my credit report so is it them I am supposed to be dealing with not the DCA? Also I sent template letter 2 yesterday so they should receive this possibly today so should I wait and see what their response to that is?, should i make any communication at all with the DCA??

    Many thanks for your help
    Jamie

    Ok, they are not passing the buck, well not from 1st sight. You have to allow them 'reasonable' time to trace you and link your files. The DCA will now write to you enclosing what you asked for so do nothing until they respond and when they do respond, PM me. DO NOT communicate with HSBC again - not until the DCA get in contact. If they try and ring, hang up (politely) and get everything in letter format. No emails - snail mail.

    Just wait for the DCA to come back to you then PM me and post again on here - ok? :beer:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    jamie_k wrote: »
    Day off??? Pffft Some of us gotta work. Well if you call working spending the day browsing the web that is!

    LOL, i'm sick of typing and need a day off! No letters getting done today..... anyway ive answered you and in my opinion you should just hold fire for the DCA response. Nothing you can do to speed things up, let them make a balls of it, you'll use it against them later! ;)

    Everything is done this way for a reason - you're building a case against them and the way they handle simple paperwork - you following me? :eek:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • jamie_k_2
    jamie_k_2 Posts: 22 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I appreciate the response. Sure I will sit tight and see what happens. Many thanks and will keep you informed
  • ElkyElky
    ElkyElky Posts: 2,459 Forumite
    LOL, i'm sick of typing and need a day off! No letters getting done today..... anyway ive answered you and in my opinion you should just hold fire for the DCA response. Nothing you can do to speed things up, let them make a balls of it, you'll use it against them later! ;)

    Everything is done this way for a reason - you're building a case against them and the way they handle simple paperwork - you following me? :eek:

    MSE should hire you full-time. :p
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    ElkyElky wrote: »
    MSE should hire you full-time. :p

    Ahh thanks :-)

    Shame though - they couldn't afford me :beer:

    I'm an expensive rent boy :rotfl::rotfl::rotfl::rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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