Sutton's default removal letters

jon_boy75

never-in-doubt wrote: »

Hi Jon,

The Abbey are a shambles, thus they are really called Shabbey (in disguise)..... you need to follow up with a default notice to them (intended action) but forget the ICO, they will take too long.

Can you start by saying why you had a default and give me some background.

Regards to the Default - you need to send the following letter: #32

ok NID

the situation is this >

they've now ignored the initial requests to correct data and also the SAR. they're now in breach of the DPA...so, do i have grounds to take them to court? I may need help wording the Particulars of Claim if I do

jon_boy75

sorry, just to expand on that...I never received a default notice, so dont know why I got one. From the CRA info, its for £108 I apparently failed to pay them back in 2006...but i do know this was all bank charges

Sammy_Girl

never-in-doubt wrote: »

Hiya, we told them to respond within the statutory timeframe didn't we? If so they have 21 days.

Anyway, not much more to do - you need them to reply or you have to go issue a N1 which starts to cost you money - that is why legal action is the last last resort and you try threat after threat first!

Just hold fire, you have to be reasonable - a week (even 2) isn't long enough thus statutory limits are used and this will be 21 days for the letter you sent. :rotfl:

No, we never said 21 days. The first letter (CCA request) said that they had the statutory time (12+2), but the second letter didn't give any days

never-in-doubt

Sammy_Girl wrote: »

No, we never said 21 days. The first letter (CCA request) said that they had the statutory time (12+2), but the second letter didn't give any days

Hiya

yea that means we gave them 21 days then - like I thought. Basically its a s.10/account in dispute and prove it letter - all of which carry a statutory timeframe of 21 days.

We didn't spell it out, but there was no need to anyway as they know what the timeframe is! (you hope they don't but they will do!) :rotfl:

Sammy_Girl

never-in-doubt wrote: »

Hiya

yea that means we gave them 21 days then - like I thought. Basically its a s.10/account in dispute and prove it letter - all of which carry a statutory timeframe of 21 days.

We didn't spell it out, but there was no need to anyway as they know what the timeframe is! (you hope they don't but they will do!) :rotfl:

Ok, thanks NID

So shall we give it another week then as the 21 days concluded on Friday 12 June?

Thanks honey

never-in-doubt

Sammy_Girl wrote: »

Ok, thanks NID

So shall we give it another week then as the 21 days concluded on Friday 12 June?

Thanks honey

It wasn;t 21 days ago surely? was it....? You have to leave it cos you threatened them with legal action remember - unless you want to follow it through of course?

I'd give them until the end of June, personally....

Have they cashed cheque/received the letter? if so when? It was this letter, right? #266

**dancingbutterfly**

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

NID

alright mate?!

dont know if you remember my story! but the 21 days they had to reply were up on the 9th of june (i think) so theyve have an extra 8 days to reply so where to we go from here?

they cashed my cheques a loooonnnggg time ago!

thanks again!


kate

icklejulez

Hi I read through the first 7 pages and this thread and the last page but Im a little confused by it all, probably as this is the first I have read on this subject.

I have a default on my file from Vodafone in January 2009 for £125 which is severly affecting my ability to remove my 'soon to be' ex husband off my mortgage.

I cancelled my Vodafone contract due to the bills I was receiving being extremely high. I agreed to pay the outstanding months line rental on top of the existing debt. The total owable was for approx £450. I started paying this off at around £100 a month however around October/November I was struggling to pay the bill and on the 5th December recieved a letter threatening that the debt would be passed to a credit agency. My family had taken me and my two children to cente parcs on the 8th Dec for there birthday/xmas presents for 5 days so I had put the letter to the back of my head. By the time I got back the debt had been passed to the debt collection agency and they informed me that Vodafone had put a default on my credit file.

I still owe them this money and have refused to pay the debt collection agency as I would like to use it as a negotiating tool to have the default removed. I agree it is my debt and I am more than willing to pay it, I was just unhappy that I received the default without having chance to pay the debt back.

Does this procedure apply to mobile contracts in any way or is there any other routes I could take? Also I am now in the position where I am not sure whether to deal with Vodafone or the Debt Collection Agency.

Thanks for any assistance anyone can give me. Iv been trying my hardest to get my debts in order whilst juggling two toddlers and a full time job and sometimes these things just get far too much for me to fight.

never-in-doubt

**dancingbutterfly** wrote: »

NID

alright mate?!

dont know if you remember my story! but the 21 days they had to reply were up on the 9th of june (i think) so theyve have an extra 8 days to reply so where to we go from here?

they cashed my cheques a loooonnnggg time ago!

thanks again!


kate

Hi Katie,

It was this letter you sent wasn't it: http://forums.moneysavingexpert.com/showthread.html?p=21627641#post21627641

I'd just wait, we'll use their slackness against them. Pointless threatening them with court, not unless you want to go that route and follow through your threat of course?

However, they have already defaulted on the CCA so in essence they have 28 days. Best to just hold fire until the end of the month, thing is you can only do one of two things now:

1. Take them to court
2. Sit and wait

Remember each time they break the rules, means you're building a bigger case against them for when you do go to court to enforce removal....

never-in-doubt

icklejulez wrote: »

Hi I read through the first 7 pages and this thread and the last page but Im a little confused by it all, probably as this is the first I have read on this subject.

I have a default on my file from Vodafone in January 2009 for £125 which is severly affecting my ability to remove my 'soon to be' ex husband off my mortgage.

I cancelled my Vodafone contract due to the bills I was receiving being extremely high. I agreed to pay the outstanding months line rental on top of the existing debt. The total owable was for approx £450. I started paying this off at around £100 a month however around October/November I was struggling to pay the bill and on the 5th December recieved a letter threatening that the debt would be passed to a credit agency. My family had taken me and my two children to cente parcs on the 8th Dec for there birthday/xmas presents for 5 days so I had put the letter to the back of my head. By the time I got back the debt had been passed to the debt collection agency and they informed me that Vodafone had put a default on my credit file.

I still owe them this money and have refused to pay the debt collection agency as I would like to use it as a negotiating tool to have the default removed. I agree it is my debt and I am more than willing to pay it, I was just unhappy that I received the default without having chance to pay the debt back.

Does this procedure apply to mobile contracts in any way or is there any other routes I could take? Also I am now in the position where I am not sure whether to deal with Vodafone or the Debt Collection Agency.

Thanks for any assistance anyone can give me. Iv been trying my hardest to get my debts in order whilst juggling two toddlers and a full time job and sometimes these things just get far too much for me to fight.

Hiya,

Vodafone and mobiles don't conform to these acts so not much can be done. However, from experience you'll find that if you get in touch with voda they will remove the default - they are quite good and prefer to be paid as opposed to issue a default - they are not a bank and don't care about your credit, they just want paid.

Banks will try and snooker you for 6yrs with the default, mobile providers don't want this - far from it. If you agree to repay they will agree to remove the default.....

Try sending an offer letter, kinda like this found here: #435 Remember though you'll have to pay the balance kinda like doing a deal - i'll pay if you remove the default

The guy I done that letter for was having issues with CarPhone Warehouse.... see how you get on.