Sutton's default removal letters

daz2bedebtfree

never-in-doubt wrote: »

Ok with respect to this case, look here and post the specifics for the reclaim of charges on this board:

Thing is, you'd be best to get your charges back prior to worrying about any default - but before accepting anything, make it a condition that all derogatory data is removed..... may mean reducing your claim or something....

The other alternative is simply to play poker and see if they will do a swap, you will not request a reclaim of charges if they erase all data and call it a fair deal - i.e. you both walk away here and now. If you like this option stay here and ignore advice above about going to bank charges reclaim forum....

Let us know - cheers

thanks again, with this one i am more determined than ever to get my charges reinbursed and i can confirm the financial ombudsman has accepted my case and is dealing with the bank at present, i have not told him that the bank issued a default on my file but intend to do so as it is clearly in breach of the banking code of practise

turnipmonkey

Hi everyone, I've used this site for the last few years to look up various snippets of info but I'm now in a quandry as to what to do!!

The story starts.. I had an Overdraft with HSBC for £1000 due to various moments of head in the sand and the ridiculously large charges I eventually became £1461 overdrawn although my overdraft was only for £1000. hence I stopped using the account as half my wages would of been taken up to get the balance to the £1000 overdraft limit.

Anyways.. I received a letter from them on 11 February this year which demanded full payment within 7 days £1460.87 or satisfactorily proposal for repayment within 28 days or it would be passed to DCA or Solicitors - I sent the response on 11 March this year, cutting it fine i know, what with work and studying 2 evenings a week the time flew.

I sent the response notifying HSBC that I had put in a claim for the Refund of charges as £1291 of charges had been levied to my account between Jan 07 - Sept 08 and with interest it took the amount being claimed to £1412.16 therefore asked for action put on hold whilst test case on - optimistic of me or daft I'm unsure which.

Response I had on 17th March was to say that refund wasn't mandatory and that debt enforcement would not cease. At this stage I had also been contacted by MCS (There DCA) This letter of 17/03/09 also stated that if default had been entered by HSBC then if I forwarded copy of Credit Agency Report they would investigate.

It was at this point I checked with Experian and Equifax and noticed Default had been raised on my credit report on 11th March 2009.

the Original letter I received on 11th February 09 doesnt look like a default letter and it is the first letter I have ever recieved from them requesting immediate repayment of the balance - despite it's heading of Final Demand.

I have since written asking for removal of default as account is in dispute and default shouldn't of been raised and for copy of creidt agreement.

But the most recent letter states that they can't comply with my request for copy of Credit Agreement as current account is not covered by this Section 77 of the Consumer Credit Act 1974.

There was no mention of my request for the signed true and certified copy of the default notice.

I seem to have reached an impasse and am unsure what to do...

I can provide e-mail copies of all letters sent and recieved to anybody that is able to offer advice.

Thanks in anticipation

daz2bedebtfree

never-in-doubt wrote: »

They are under no obligation to remove the default..... when was it defaulted and are you dealing with cahoot or with a DCA? Forget arrangement to pay markers - may as well say 'this guy is skint - avoid like the jackson 4'...... what I mean is if you were able to pay then they would remove the default.... do you earn a lot, i.e. could you offer them something like £7k to clear it as full and final settlement?

Please advise.....

hi they put a default on in oct 2007
i made arrangement to pay them and have never missed, unfortunatly im in no position to offer a full and final settlement on this 1 because its too much for me to afford

never-in-doubt

turnipmonkey wrote: »

Hi everyone, I've used this site for the last few years to look up various snippets of info but I'm now in a quandry as to what to do!!

Unfortunately there will not be a CCA for overdrafts.... if I were you, post over here: You'll get a better response....

http://forums.moneysavingexpert.com/forumdisplay.html?f=102

Good Luck!

never-in-doubt

daz2bedebtfree wrote: »

4 cases

Hi mate

Cheers for info - seems you're in a right old mess.... this is a nightmare! I'll have a proper look later and see what can be done.....

regards to case 3 - we'll leave this alone if the ICO has taken up your case.....

With case 4, are you still making monthly payments now?

never-in-doubt

daz2bedebtfree wrote: »

i was definatly bullied into paying ,by telephone.
i had written to this catalogue asking for them to justify where the amount they said i owed had come from, never got any luck so requested copy of original credit agreement and statement of account , never got this either, in the meantime they passed /sold debt to moorcroft who constantly hassled me by phone and letters (unfortunatly i no longer have any of these letters,) on the last moorcroft letter i remeber them stating that if i did not pay i would get a default on my file, by this time i had had enough and explained to them my debt was only for £300 not the amount they were asking £427 they said to me on the phone ok give us £300 and we will write the rest off.

1. So you paid the DCA by phone?
2. When did you write to catalogue requesting CCA - did you pay the £1 - was it ever cashed?
3. When did you get the offer from the DCA for £300? i.e. what date?

daz2bedebtfree

never-in-doubt wrote: »

Hi mate

Cheers for info - seems you're in a right old mess.... this is a nightmare! I'll have a proper look later and see what can be done.....

regards to case 3 - we'll leave this alone if the ICO has taken up your case.....

With case 4, are you still making monthly payments now?

hi there yes i can confirm i am still making payments and have never missed, i got another 9 years of payments to make at £88 per month ;(

daz2bedebtfree

never-in-doubt wrote: »

1. So you paid the DCA by phone?
2. When did you write to catalogue requesting CCA - did you pay the £1 - was it ever cashed?
3. When did you get the offer from the DCA for £300? i.e. what date?

hi i paid it by phone to the dca and i wrote to request the cca as soon as i saw they were pilling on the charges before it was in the hands of the dca,and they cashed the cheque.
i paid the £:mad:300 in may of 2006 but the default is showing as april 2006

never-in-doubt

daz2bedebtfree wrote: »

hi i paid it by phone to the dca and i wrote to request the cca as soon as i saw they were pilling on the charges before it was in the hands of the dca,and they cashed the cheque.
i paid the £:mad:300 in may of 2006 but the default is showing as april 2006

when did they cash the cheque? We need this date as the proof - this will be the first default to be removed as they have failed to respond within the set period and so all trace must now be removed - they forgave their right of charge when they ignored the law! :T

never-in-doubt

daz2bedebtfree wrote: »

hi there yes i can confirm i am still making payments and have never missed, i got another 9 years of payments to make at £88 per month ;(

Ok could you renegotiate this, i.e. could you make higher payments? Thing is, they will do more for you if you do more for them, kinda like scratch my back and i'll scratch yours...... :beer: