Sutton's default removal letters

**dancingbutterfly**

never-in-doubt wrote: »

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?

yes m'dear i will!

**dancingbutterfly**

cheers mucka!:T

because i have such crap ''office software'' it wont let me copy and paste so i have to type it all out, would you mind emailing it to me like you kindly offered last time?!:o

thankyou EVER so much if you can!:D

never-in-doubt

**dancingbutterfly** wrote: »

cheers mucka!:T

because i have such crap ''office software'' it wont let me copy and paste so i have to type it all out, would you mind emailing it to me like you kindly offered last time?!:o

thankyou EVER so much if you can!:D

LOL, hiya - do you want it on a word document so its all ready for you? However, that last letter is irrelevant isn't it? I'll just have a quick read to catch up - brb...

What software are you using? All you do is select all the text (goes blue) and then press ctrl & C to copy the text then ctrl & V to paste it!

**dancingbutterfly**

ive got open office (from open uni) and when i tried to just copy and paste as usual it wouldnt fit and i tried and tried to sort it out. i copied bits at a time but it wouldnt work so i spent and hour typing it out....yes i am not so good with computers!

re word doc, whatevers easiest for you mate!

Goodtimesahead

Has anone been successfull in getting a creditor to remove a default from their file after reaching an agreement with them to pay in full or a settlement deal, not just satisfied next to it to stay on for 6 years, has anyone got it wiped off altogether?

never-in-doubt

**dancingbutterfly** wrote:

Letter received as follows:
''we refer to your request for a copy of the original credit agreement pertaining to the above referenced account.

in accordance with the consumer credit act 1974

subsection (1) of section 77 states: ''The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after recieving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it...''

subsection (3) of section 77 states: ''Subsection (1) does not apply to- (a) an agreement under which no sum is, or will or may become, payable by the debtor...''

as your account shows a zero balance and we can confirm that there are no sums outstanding, we do not have an obligation to supply you with documents under the consumer credit act 1974.

with regard to your request that we remove all data registered against you with all the credit agencies, the default recorded on your credit file in respect of the above referenced account is a correctly recorded default, becuase you breached the terms and conditions of the credit agreement. however, the default entry should show the account as satisfied.

Ok, try sending this letter to them - see what happens :-)

---

Letter to send:

---

Dear Aktiv Kapital,

Account No: XXXXXXXX

Further to recent communication, your failure to comply with my legal requests for compliance and your unlawful addition of a default notice on my credit file, I am formally placing the account into retrospective dispute, being you ignored my original request sent to you XX/XX/20XX, as is my legal right.

As a result, you must repay any funds paid and remove any derogatory information held against me, by the credit reference agencies.

As you know, having recently obtained a copy of my Credit Files I was horrified to note that your company has placed a Default Notice against an alleged account purportedly held with you.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data and all aspects of the aforementioned account;

1. I formally request sight of a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a 'true copy of the agreement' under the legislation contained within s.78 (1) Consumer Credit Act 1974 s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. I also formally request sight of a signed, true certified copy of the original Default Notice and Notice of Assignment(s).

3. I formally remind you that you are obliged to supply these documents, whether you are the original creditor or not under s.189 (CCA 1974).

Your claim that you do not need to supply this data is wholly incorrect and I request you substantiate this, failure to comply will result in my issuing N1 proceedings for enforcement of removal in the County Courts.

I think it is fair to draw a line under this whole fiasco, as you already stated the account was paid, albeit unlawfully. May I remind you if I decide to claim bank charges (retrospectively) this would result in a repayment from the original creditor to an amount of £300 or so - do you think they really want this or do you think they would prefer to walk away £300 better off? Removal of default will result in my written agreement of full and final settlement to drop any claims against you and the original creditor, in exchange for complete removal of all data.

If you refuse, please ensure you send the requested data, certainly in line with current legislation, within the next 14 days. If you are unable to provide this data then I request that all adverse information is removed completely, including any defaults that may have been applied, within the next 7 days.

May I remind you that until such time as this account has been substantiated, you must remove all data registered against me with any third party including any credit reference or fraud prevention agencies.

Please note that mere correction or amendment to the incorrect default entry will not be acceptable.

Yours faithfully


Sign here digitally

never-in-doubt

**dancingbutterfly** wrote:

help!

Where you see the red text by the date, you need to guess a date and remember what you guessed and it must be around a month after your first missed payment! lol - dont worry they will never be able to prove/disprove you!

Sorry but you do need to post another £1 cheque to them just in case!

PM me your email address and i'll email you this on word.... can you open word? lol

Goodtimesahead wrote: »

Has anone been successfull in getting a creditor to remove a default from their file after reaching an agreement with them to pay in full or a settlement deal, not just satisfied next to it to stay on for 6 years, has anyone got it wiped off altogether?

yup read back - a couple recently..... plus this one to follow lol

http://forums.moneysavingexpert.com/showpost.html?p=22085395&postcount=355

**dancingbutterfly**

never-in-doubt wrote: »

Where you see the red text by the date, you need to guess a date and remember what you guessed and it must be around a month after your first missed payment! lol - dont worry they will never be able to prove/disprove you!

Sorry but you do need to post another £1 cheque to them just in case!

PM me your email address and i'll email you this on word.... can you open word? lol


erm i think so! :rotfl:we'll find out!

thanks a lot for this your brill!:T

digitalphase

Hi NID, you may remember I sent a letter to Marbles (with your help) on the 12th of June. This was it to refresh your memory:

---

12th June 2009

Account Formally in Dispute

Dear Marbles,

Re: ACCOUNT NUMBER: xxxxxxxxxxxxxxxxx

With reference to the above account, I am alarmed to notice that there is a 5 late payment marker showing with the credit reference agencies, in particular from May 2009, when my account was in dispute up until this point.

This is an error that requires immediate interception and amendment, prior to my seeking litigation for enforcement through the County Court for your continual breach of the Consumer Protection From Unfair Trading Regulations 2008, the Office Of Fair Trading debt collection guidelines and the Consumer Credit Act 1974 and Data Protection Act 1998.

If you look back at your records, my account was formally in dispute at the time the late payment markers were added, this is totally forbidden and cannot be done. That is the whole point of allowing me the right of appeal, by placing the account into dispute.

I have had an account with Marbles since 2004, however during 2008 my account was passed to Capquest for recovery. As I was disputing the balance owed, it was wrong for any action to be taken against me. I was in constant communication with Capquest and made monthly payments with them using my bank card, up until it was declared that my account was in dispute. As you know, you are not permitted to take or demand payment whilst an account is being disputed. For clarity I was making regular monthly payments to Capquest from May 2008 to October 2008 prior to making the dispute.

However, recently I was declined a credit account and so decided to look at my credit files and was horrified to notice a default had been registered against me - incidentally this vanished quickly enough but the point is that there was one registered against me unlawfully by an unauthorised third party. A simple Notice of Assignment should prove Capquest’s proper involvement and will be demanded in line with the Consumer Credit Act 1974 (S189) whether they were the original creditor or not.

If necessary I will issue a SAR to both Marbles and Capquest in order to establish the facts, however I am confident when you realise the mistakes you will correct the credit account information in line with current legislation. The bottom line is you have acted inappropriately and taken action against me whilst an account was in dispute, I on the other hand have only been doing what I was told - albeit passed from pillar to post throughout my time in dealing with you.

I therefore request that you remove the late payment markers from all three credit reference agencies at your earliest convenience, replaced with the correct entry of [0], failure to do so will result in immediate cessation of agreed payments followed by litigation for your past and present CCA breaches. Bear in mind I can utilise s.10 of the CCA at any time, and will do so if provoked.

I look forward to hearing from you in due course, naturally with positive news by way of confirmation of removal of the late payment markers.


Yours faithfully,

----

They have just this morning responded with a fob off letter saying 'with reference to your recent communication about a payment taken from your bank account', and that they have asked a complaint advisor to ring me! This is not right! I am wanting the 5 late payment marker replaced with a 0. Any ideas on a further letter I can send?

never-in-doubt

digitalphase wrote: »

Hi NID, you may remember I sent a letter to Marbles (with your help) on the 12th of June. This was it to refresh your memory:

----

They have just this morning responded with a fob off letter saying 'with reference to your recent communication about a payment taken from your bank account', and that they have asked a complaint advisor to ring me! This is not right! I am wanting the 5 late payment marker replaced with a 0. Any ideas on a further letter I can send?

Hiya

Ok, that was to be expected so please send a cover letter with a copy of the original letter and demand they deal with the issues in hand. So just do a few lines saying 'please respond to my original request otherwise I shall seek enforcement through the county courts'.

Good luck..... (this is their way of stalling and they are trying to buy time!)

Are you writing to marbles or the DCA? If Marbles, send letter here:

Marbles Card Services
Data Protection Officer
Complaints Resolution Team
Pitreavie Business Park
Dunfermline
Fife
KY99 4BS