Sutton's default removal letters

never-in-doubt

icklejulez wrote: »

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.

Here you go - letter ideally suited for Vodafone - do not send to DCA, at this point ignore the DCA as they will just get in your way.

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Letter to send:

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Dear Vodafone,

Ref: XXXXXXXX

I write with reference to previous communication regarding an outstanding balance on the account and wish to make an offer to resolve that will suitably please both parties.

As the disputed balance was indeed disputed, the balance was never paid as I was awaiting additional correspondence and feel that you were too hasty in issuing a default in the first place. As such, I feel a compromise should be reached that suits both parties. The balance was never left due to any kind of fraud or negligence but due to the amount being in dispute. As a result, should I decide to take this through the County Court there is a high probability that this will become enforced and so to save us both the time and hassle of litigation, I confirm I am more than happy to settle the amount owing so long as you can agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letterheaded paper, confirming the exact amount owing and I will send a cheque by return.

I look forward to your response.

Yours faithfully,

Sign here

**dancingbutterfly**

never-in-doubt wrote: »

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....

ok cheers mate.

well that was the first letter, then you ammended it and asked me to send the one in post 195. it was a link it said ''use this one 187'' i think!

sorrry mate!

thanks again!

nov70

Hi all
I recently applied to a debt collection agency for a copy of my credit agreement after they bought my outstanding debt from JD Williams today recieved a letter from them saying they had contacted JD Williams and no credit agreement could be traced and Activ Kapital would cease all furthur collections with regards to the debt, however this does not stop a default showing on my credit files for this debt what is my next step with regards to getting this removed, note i never recieved a default notice from the company at any stage, should i send the default letter show on this forum direct to JD Williams.
Cheers folks await your reply.

maximoomoo

Hi

I'm looking for a letter to use as a bargaining tool with several DCA's. The one above for Vodafone almost does the job but the mention of disputing the amount and county court enforcing etc is a little inappropriate as I don't dispute the amount and just simply couldn't pay due to a lovely ex leaving me in the poop.

Also I'm after some guidance as to what kind of offer I should make them. I dont want to offer too much as the original debt would have been far less than what it has become due to charges etc.

Thanks for reading

never-in-doubt

maximoomoo wrote: »

Hi

I'm looking for a letter to use as a bargaining tool with several DCA's. The one above for Vodafone almost does the job but the mention of disputing the amount and county court enforcing etc is a little inappropriate as I don't dispute the amount and just simply couldn't pay due to a lovely ex leaving me in the poop.

Also I'm after some guidance as to what kind of offer I should make them. I dont want to offer too much as the original debt would have been far less than what it has become due to charges etc.

Thanks for reading

The one above is not like you think it is.... its not a full and final settlement letter, which seems to be what you are after?

They will accept offers but then mark account as settled which will show arrangement to pay or similar which will affect you for 6yrs.

You may be better disputing charges, putting account in dispute and then agreeing to settlement at end, for the actual balance owing - lots of options but let us know more details.....

maximoomoo

never-in-doubt wrote: »

The one above is not like you think it is.... its not a full and final settlement letter, which seems to be what you are after?

They will accept offers but then mark account as settled which will show arrangement to pay or similar which will affect you for 6yrs.

You may be better disputing charges, putting account in dispute and then agreeing to settlement at end, for the actual balance owing - lots of options but let us know more details.....

You are right NID, for the most part I am wanting to offer full and final settlment inexchange for them removing the default.

My defaults range for being off (if I am correct in saying after 6 years in Scotland) from December 2009 to July 2013. I have worked these dates out from the date of default that is listed on my creditexpert report.

Hopefully my research is accurate.

My plan is to target the latest ones and work my way back so hopefully I will be knocking months off the time when my credit report will be clean.

I have only just started on this route as I have only just needed to get credit and I am unable to even get a capital one credit card!!! I have got the credit card that you are in theory taking out a loan over a year but in the meantime I would like to be doing something else.

How do you mean putting the charges in dispute? What template would I use for that? And by offering the actual balance owing do you mean the balance before I defaulted, before they put charges and interest galoure on top.

Any advise?

Thanks

never-in-doubt

Hiya,

Ok you want to send this letter off now - just add the dates in first couple of paragraphs and remember to amend the cheque / postal order bit. If you sent a PO then delete the text at the end of para 1 that reads: and my cheque was cashed XX/XX/2009:

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Letter to send:

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Dear Aktiv Kapital,

Ref: XXXXXXXX

I do not acknowledge any debt to your company.

I wrote to you and sent the letter by Recorded Delivery on XX/XX/2009 asking for a true copy of the Conumer Credit Agreement together with the relevant information under Sections 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque / postal order as the fee payable. This letter was delivered and signed for on XX/XX/2009 and my cheque was cashed XX/XX/2009.

The Consumer Credit Act allows 12 working days for this request to be carried out before you enter into a default situation. As you have replied to me confirming you have no CCA then the account must remain in dispute which refers s.10 CCA (cease & desist processing data)

As you are unable to comply with my request for the agreement, as required by s.78 of the Consumer Credit Act 1974, nor any other information relating to the account and as such, this account has become unenforceable by law. As you are no doubt aware ss.6 of the CCA states:

"If the creditor under an agreement fails to comply with ss.1 (CCA.1974) then (a) He is not entitled, while the default continues, to enforce the agreement"

As the 12 working days have now expired, from your receipt of the request for the agreement and supporting documents until now, the account is now formally in dispute and whilst it remains in dispute, the agreement is unenforceable.

Whilst it is unenforceable, no interest can be added to the account and no action can be taken against me such as defaults or adverse data registered at any of the credit reference agencies. As you have already added a default against me, I hereby give you 30 days in which to remove the default or supply me with the Consumer Credit Agreement to enforce the default.

There is no debt as there is no agreement and therefore the default that you registered against me is unlawful and will be defended by demanding enforcement of removal via the county courts, if necessary. We both know without a true copy of a CCA then the chances success are slim, to say the least, for Aktiv Kapital.

Furthermore, under the Data Protection Act (s.10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 30 days confirming that you have complied with this request.

Yours faithfully,


Sign here digitally

Innocent_Guy

Another one bites the dust!

never-in-doubt

Innocent_Guy wrote: »

Another one bites the dust!

Mate - hows it going? stranger!

never-in-doubt

**dancingbutterfly** wrote: »

thanks again!

Hiya,

Ok you want to send this letter off now - just add the dates in first couple of paragraphs and remember to amend the cheque / postal order bit. If you sent a PO then delete the text at the end of para 1 that reads: and my cheque was cashed XX/XX/2009:

---

Letter to send:

---

Dear Aktiv Kapital,

Ref: XXXXXXXX

I do not acknowledge any debt to your company.

I wrote to you and sent the letter by Recorded Delivery on XX/XX/2009 asking for a true copy of the Conumer Credit Agreement together with the relevant information under Sections 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque / postal order as the fee payable. This letter was delivered and signed for on XX/XX/2009 and my cheque was cashed XX/XX/2009.

The Consumer Credit Act allows 12 working days for this request to be carried out before you enter into a default situation. This occurred on XX/XX/2009.

I have still neither received a copy of the agreement as required by s.78 of the Consumer Credit Act 1974, nor any other information relating to the account and as such, this account has become unenforceable by law. As you are no doubt aware ss.6 of the CCA states:

"If the creditor under an agreement fails to comply with ss.1 (CCA.1974) then (a) He is not entitled, while the default continues, to enforce the agreement"

As the 12 working days have now expired, from your receipt of the request for the agreement and supporting documents until now, the account is now formally in dispute and whilst it remains in dispute, the agreement is unenforceable.

Whilst it is unenforceable, no interest can be added to the account and no action can be taken against me such as defaults or adverse data registered at any of the credit reference agencies. As you have already added a default against me, I hereby give you 30 days in which to remove the default or supply me with the Consumer Credit Agreement to enforce the default.

There is no debt as there is no agreement and therefore the default that you registered against me is unlawful and will be defended by demanding enforcement of removal via the county courts, if necessary. We both know without a true copy of a CCA then the chances success are slim, to say the least, for Aktiv Kapital.

Furthermore, under the Data Protection Act (s.10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 30 days confirming that you have complied with this request.

Yours faithfully,


Sign here digitally