Sutton's default removal letters

just_about

Thanks again. Also should there be any mention in the letter of the wrong default date and the amount that they have put in my CRA file ??

never-in-doubt

just_about wrote: »

NID truly mate, you have been a star !! great job mate, :T can't thank you enough !!:beer: Also what you think are my chances now, getting the default removed ? Thanks agn mate !!

No worries mate - anytime.

It'll get removed, just takes time and patience. You need to come back if they respond and whatever you do DO NOT SPEAK TO THEM ON THE PHONE! Do not give them your number or anything, just send the above letter and see what they return. If they do not respond by 5th July then PM me and we'll send the second letter, at this point they have to either remove data or provide copies of requested documents.

Sorry about previous letter, I was under the impression you'd settled the default - didn't realise you still owed funds. Therefore we'll go for proof of debt then default them when they fail to supply info, afterwhich we'll refer account back to OC before submitting a s.10 cease and desist processing info.

This should sort it for you mate - we hope! :beer:

Catch you laters......

never-in-doubt

just_about wrote: »

Thanks again. Also should there be any mention of the wrong default date and the amount that they have put on my CRA file ??

Nope, not yet! This follows when they default on the above demands....

No need to throw all your aces in the pack right now - lets wait and see what documents (if any) they have before being too clever. If they can supply all the documents then you'd use the route of incorrec default; however all that would happen is the DCA would sell it back to Barclays who would then register a correct default.

Its best to see if they have the prescribed paperwork and if not then use that route for unenforceability. If they provide the paperwork then we go down unlawful route.

Don't worry too much about the specifics just yet - stick to the legal basis for now

Final point, if you send a PO instead of a cheque amend that part in the letter! Send recorded delivery and keep an eye on dates! Send the letter to the DCA - NOT Barclays!

just_about

never-in-doubt wrote: »

Final point, if you send a PO instead of a cheque amend that part in the letter! Send recorded delivery and keep an eye on dates! Send the letter to the DCA - NOT Barclays!

Sorry mate didn't get that. Is their any specific reason for sending the letter it to the DCA and not barclays, sorry for asking that but just wanted 2 understand the fact, as barclays is the one who put the default up, nd also the PO then will be in the name of the DCA or Barclays ?

never-in-doubt

just_about wrote: »

Sorry mate didn't get that. Is their any specific reason for sending the letter it to the DCA and not barclays, sorry for asking that but just wanted 2 understand the fact, as barclays is the one who put the default up, nd also the PO then will be in the name of the DCA or Barclays ?

Right now i'm totally confused. You keep adding bits here all the time which is putting things way off sync.

Why are you speaking to a DCA if Barclays are involved, you've heard of assignment haven't you? The DCA are nobody if Barclays have not assigned the debt - i.e. you ignore them! I was led to believe you dealt with the DCA thus they added the default - not Barclays!

You just PM'd me confirming you settled the amount - therefore you lost any bargaining tools you had when you paid. Bottom line here is that you'll be wasting your time whatever you do.

You lost this fight the moment you paid £370 last month.

Leave it with me - dont send anything yet. I'll post tonight, if you feel there are any other little secrets that we should know, please tell us before we sit and write letters for you that are irrelevant! :beer:

just_about

never-in-doubt wrote: »

Right now i'm totally confused. You keep adding bits here all the time which is putting things way off sync.

Why are you speaking to a DCA if Barclays are involved, you've heard of assignment haven't you? The DCA are nobody if Barclays have not assigned the debt - i.e. you ignore them! I was led to believe you dealt with the DCA thus they added the default - not Barclays!

You just PM'd me confirming you settled the amount - therefore you lost any bargaining tools you had when you paid. Bottom line here is that you'll be wasting your time whatever you do.

You lost this fight the moment you paid £370 last month.

Leave it with me - dont send anything yet. I'll post tonight, if you feel there are any other little secrets that we should know, please tell us before we sit and write letters for you that are irrelevant! :beer:

Hi,

Am sorry about all the confusion here. Actually there is no secret. Will explain it here.

Default for £516 in the CRAs showing under the name of Barclays , so ofcourse it was barclays who had put up default !!

Barclays send me the pay up warnings till some time early last year ( i think it was till jan 2008 and then would try calling me up on my phone to clear up the outstanding amount which then was about £850, thats how i entered in arrangement to pay with them !!)

They then passed it on to a DCA sometime after June when I did not clear the rest of the balance of £516 (I did make a couple of payments till june to bring the balance down from £850 to £516)

Barclays closed the account sometime after June ( there was no correspondence from them after june either by post or phone) and later on when I wanted to speak to barclays abut the account, they would not, as they said they passed it to the external debt collectors, who were dealing on behalf of barclays.

Last month I paid them £350 and I had paid another £20 to the debt collectors this year january thus making a total of £370 out of the £516,
which they said would be full and final settlement and they (DCA) or Barclays will not chase for the rest of the outstanding balance.

I think thats all the info. NID if you need any thing else or any more information, just let me know. Don't want to put you in any more trouble mate . THanks Agn !!

never-in-doubt

How much was the original debt before it got passed to debt collection etc, i.e. in 2007 or whenever?

Also, what is the actual default date?

When you last made a payment, did you pay over the phone to barclays or the dca - who and how did you pay? (assuming it is the £350 but what date was is paid)

was this a bank account or credit card?

Am I right to assume that the default date is April 2008, but you paid in June 2008 so they have amended the default to reflect the payment you made in June 2008? This would explain the differing values.

Can you confirm whether barclays sold to the DCA before June 09 or after June 09? i.e. who did you speak to when you agreed to settle? Who did you pay the £200 to last June (June 08)?

just_about

never-in-doubt wrote: »

How much was the original debt before it got passed to debt collection etc, i.e. in 2007 or whenever?

- Original Debt was around £900, but made a couple of payments on arrangement to pay with barclays till june, So the debt of £516 got passed on to the debt collectors(which is also the defaulted amt as put up by barclays in the CRA). The date the account must have been closed and the debt got passed to the DCA is after June 2008.

Also, what is the actual default date? when did you last make a payment?

- The actual default date is April 2008 (As shoing in the CRAs). The last payment made IN THE ACCOUNT was June 2008. The last payment made to settle the debt with the DCA was May 2009.

was this a bank account or credit card?

Barclays Bank Account , NOT a credit card.

Have Answered your queries . Let me know if you need to know any thing else .

never-in-doubt

Thanks - getting there!

Please remember to use years.....

- Original Debt was around £900, but made a couple of payments on arrangement to pay with barclays till june, June when? 08 or 09? So the debt of £516 got passed on to the debt collectors(which is also the defaulted amt as put up by barclays in the CRA). The date the account must have been closed and the debt got passed to the DCA is after June 2008 - so you never got notified of any debt collection then? You tried to ring barclays in June 08 and they refused to speak to you?

Also

Am I right to assume that the default date is April 2008, but you paid in June 2008 so they have amended the default to reflect the payment you made in June 2008? This would explain the differing values.

Can you confirm whether barclays sold to the DCA before June 09 or after June 09? i.e. who did you speak to when you agreed to settle? Who did you pay the £200 to last June (June 08)?

just_about

never-in-doubt wrote: »

How much was the original debt before it got passed to debt collection etc, i.e. in 2007 or whenever?

- Please check the previous post
Also, what is the actual default date?

- April 2008 according to the CRAs

When you last made a payment, did you pay over the phone to barclays or the dca - who and how did you pay? (assuming it is the £350 but what date was is paid)

- Last month, to the DCA, if you need the exact date will confirm that tomm.

was this a bank account or credit card?

- check prev post

Am I right to assume that the default date is April 2008, but you paid in June 2008 so they have amended the default to reflect the payment you made in June 2008? This would explain the differing values.

- The default date is still showing April 2008. The payment made in June 2008 for £200 was in the account, till which point the account was open and since i was making the payment it was not passed to a DCA. It got passed to a DCA sometime after june when i did not make any further payment to bring the debt down !!

Can you confirm whether barclays sold to the DCA before June 09 or after June 09? i.e. who did you speak to when you agreed to settle? Who did you pay the £200 to last June (June 08)?

- June 2008 - The £200 was paid in my barclays account (the same account against which the default is registered).

Barclays sold the debt to the DEBT to DCA some time after JUNE 2008 when i did not make any further payments in my account and closed the account then.

Also the final payment of £350 was made to the DCA some time May 2009 (last month) as a full and final settlement for the debt of £516

I Have answered the queries !! lemme know if you need any more info.