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Sutton's default removal letters

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  • **dancingbutterfly**
    **dancingbutterfly** Posts: 774 Forumite
    Part of the Furniture 500 Posts
    edited 28 June 2009 at 4:49PM
    Mate - come on! You need to get it sent like last month! What stopped you.....?



    Ok, thats a standard letter - looking back at the letter you never sent, there is a section that mentions the date you originally requested the CCA - did you ever request if (formally) whilst the account was open or did you ever query anything whilst the account was open?

    no i didnt

    Yea - usual response - we'll come back to this later......

    So in essence they have responded to your original request so the letter above is now of no use. Obviously they missed the deadline. So really just waiting to know if you ever disputed anything when the account was live etc......

    Was this the original letter here? http://forums.moneysavingexpert.com/showthread.html?p=21627641#post21627641

    no the letter i sent was in post 195 of the thread.

    ok so now i do nothing?
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    no the letter i sent was in post 195 of the thread.

    ok so now i do nothing?

    LOL, no it was that letter - post 187! Ok, leave this with me and i'll come back to it later in week as away with work at mo...... :beer: Just ignore any correspondence for the time being.....
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Whoever put the default data etc on your credit file, they own the data and only they can remove it if they so wish, usually the whole data is dropped off your credit file, not just the default. I've had data drop off my file and not because its 6 years old, they will remove it if you strike a deal with them but of course they don't have to remove it.

    In any event keeping this kind of data on people's credit files is not legal, there is no law that states this kind of data must remain on a credit file for 6 years. Only CCJ have to remain on file for 6 years.
  • LOL, no it was that letter - post 187! Ok, leave this with me and i'll come back to it later in week as away with work at mo...... :beer: Just ignore any correspondence for the time being.....


    ok cheers mate!

    im off on me hols on saturday so i probably wont be able to reply then.

    :T
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    ok cheers mate!

    im off on me hols on saturday so i probably wont be able to reply then.

    :T

    Hiya

    I'll look at this before then - at least then you can send a letter off before going! Are you going to actually send it this time, lol?
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • UncleSimit
    UncleSimit Posts: 167 Forumite
    Having just checked one of my Equifax reports again, the account altogether seems to be no longer listed as well as my previous address it was listed at :confused:. So to be honest I can't if the default has even been removed at all but I do know it was on there back in 2007.
    The account/default is still on my Experian file though.
    With regards to receiving a default notice, I was moving house around the time so I can’t say for sure. Though this is another reason I did a SAR. Saying that, they don’t even have to supply me with a default notice anyway do they, because they are not covered by the CCA.


    Thanks for the help btw.

    Right, just checked my Equifax credit report from December 2008 and the default is there. But I changed address (again) in January and it is since then onwards the default seems to be no longer listed. I even actually remember speaking to one of Equifax's advisors when giving them my new address and her 'moving' my info over to the new address. So I'm thinking maybe she forgot to move over the account or something :confused:.

    Nevertheless, it is definately gone, as I done one of them credit ratings yesterday (yeah I know, waste of money) to double check and it only flagged up my late payments from the other account. I was tempted to triple check and query it with Equifax but I don't want them to correct it if they've made a mistake.

    Roll on my SAR response anyway.
  • Kingel
    Kingel Posts: 12 Forumite
    Hi, I am new to posting on this forum, although I have been an avid reader! I am currently in the process of tying to remove a default from my credit file placed on there by a company called atico albis, a subsidery of a company called EOS Solutions, all which I only found out from researching them on the internet, although I could'nt find any address for atico themselves. AA placed a default on my file without warning and while I was still dealing with Freemans who sold the debt to eos and 2 days later I had a default with no correspondance. As i only realised this had happened when I routinely checked my credit file I started trying to remove it. I am only in the first stages and on the 06/06/09 I sent the CCA request letter, its not identical to Suttons but I would have used that one if I had seen it. I have had no response at all and I have signed proof from Royal Mail that they have recieved the letter. Its now the 01/07/09, should I send the non response letter?

    Aso I think they have cashed te £1 postal order! But I'm not sure how to check that.

    Thank you for any help, I will keep things posted as to any progress I may or may not make!

    Emma
    Capital one Aqua Vanquis Next Shop Direct
    Wonga. Toluna 22,455, Pigsback 300points, Boots points 464, Cashback/opinions sites £41.29
    #19 December £10 a day challenge 13.75/310 #767 Sealed pot challenge. Barclaycard reclaim £880 in Oct 09, Claiming Barclaycard ppi £89 - pending. Debts: Capital one Aqua Vanquis Next Shop Direct
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Kingel wrote: »
    Hi, I am new to posting on this forum, although I have been an avid reader! I am currently in the process of tying to remove a default from my credit file placed on there by a company called atico albis, a subsidery of a company called EOS Solutions, all which I only found out from researching them on the internet, although I could'nt find any address for atico themselves. AA placed a default on my file without warning and while I was still dealing with Freemans who sold the debt to eos and 2 days later I had a default with no correspondance. As i only realised this had happened when I routinely checked my credit file I started trying to remove it. I am only in the first stages and on the 06/06/09 I sent the CCA request letter, its not identical to Suttons but I would have used that one if I had seen it. I have had no response at all and I have signed proof from Royal Mail that they have recieved the letter. Its now the 01/07/09, should I send the non response letter?

    Aso I think they have cashed te £1 postal order! But I'm not sure how to check that.

    Thank you for any help, I will keep things posted as to any progress I may or may not make!

    Emma

    Hiya

    Did you mean this german outfit? http://www.albis-securitisation.de/Company.739.0.html?&L=2

    Anyway, await a few more days and in the meantime check with the CRA for details of whom registered the default - in order for them to post the data they have to substantiate it so they should have full name and address and account number details. It maybe an old Freemans account - they used to use a firm like this...?

    Anyway, a foreign company cannot add a default unless DPA registered which, being german, is unlikely.......

    Go back to the CRA's and request immediate details of who the company is and what jurisdiction they have to add a default (only if foreign).....

    Good luck!
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • Kingel
    Kingel Posts: 12 Forumite
    Hi NID, many thanks for your message,

    I have checked with the CRA and the company is called actio (albis), I cant find any information out about them on the internet but they are a subsiderery of EOS who I sent the CCA request to.

    So I think they may be an English company? And you are right, it is an old freemans account, I have a statement dated the 17th Nov 2008 from freemans and the default was sold and registered with the CRA by the 19th Nov 2008, this does'nt seem right, alongside which I had no correspondence from them in the form of a default notice.

    I will wait a few more days as you suggest before sending the follow up non reponse letter,

    Thank you for your help, I will keep trying!
    Capital one Aqua Vanquis Next Shop Direct
    Wonga. Toluna 22,455, Pigsback 300points, Boots points 464, Cashback/opinions sites £41.29
    #19 December £10 a day challenge 13.75/310 #767 Sealed pot challenge. Barclaycard reclaim £880 in Oct 09, Claiming Barclaycard ppi £89 - pending. Debts: Capital one Aqua Vanquis Next Shop Direct
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Kingel wrote: »
    Hi NID, many thanks for your message,

    I have checked with the CRA and the company is called actio (albis), I cant find any information out about them on the internet but they are a subsiderery of EOS who I sent the CCA request to.

    So I think they may be an English company? And you are right, it is an old freemans account, I have a statement dated the 17th Nov 2008 from freemans and the default was sold and registered with the CRA by the 19th Nov 2008, this does'nt seem right, alongside which I had no correspondence from them in the form of a default notice.

    I will wait a few more days as you suggest before sending the follow up non reponse letter,

    Thank you for your help, I will keep trying!

    Hiya

    That helps (company name) - EOS Solutions is here: http://www.eos-solutions.com/en/solutions/receivables-management/debt-collection/

    Point of note; have a read here! - interesting stories! http://www.google.co.uk/search?hl=en&q=eos+debt+collector&meta=

    However, to the point in hand. If you were not late in any payments no default can be registered. What exactly have you sent them so far? If I were you, I'd have sent the account in dispute, CCA and s.10 all in one. Sening a CCA isn't doing anything, as there is no live debt they do not have to supply a CCA so will probably spend your £1 and then write and say sorry, we do not have to send you a CCA....

    See what happens, forget the follow up letter just wait a week or so (give them time to shoot themselves in the foot) and then post with an update (PM me for specific help) and if needs be i'll sort you a letter to send.

    Cheers
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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