Sutton's default removal letters

daz2bedebtfree

never-in-doubt wrote: »

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

unfortunatly i cannot get the date because the bank accoutn i sent the cheque from has been closed down but i know they cashed it as i saw it had came out of my account at the time ;(

daz2bedebtfree

never-in-doubt wrote: »

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:

thanks for that i could possibly pay them 25 per week instead that way they would be recieving 100 every month instead of 88?
regards darren

never-in-doubt

daz, i'll come back to this later mate - got stuff to do for a couple of hours.... this is too much for me to get stuck into right now mate! lol.....

daz2bedebtfree

never-in-doubt wrote: »

daz, i'll come back to this later mate - got stuff to do for a couple of hours.... this is too much for me to get stuck into right now mate! lol.....

no problems i appreciate your help,
just one point ive just found out though in regards to international collections limited,
ive found on equifax online that i had disputed this default before and i stated on the online dispute 21/07/2007 that i had requested full copies of statements and signed agrrement . so the cheque would have been cashed about then, also in the earlier online dispute it says i paid 355.00 whilst in the last online dispute it states £300?
here is a copy of the information i gave to them via the online dispute service
Customer (me)31/07/2007 07.15 PM in response to our previous correspondence you have failed to answer the questions i asked therefore as stated before
i require you to substantiate this data at your earliest convenience.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) .Your obligation also extends to providing a statement of account. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to myself within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated or I will have no choice but to escalate the matter to the relevant authorities including the Office of Fair Trading and the Information Commissioner's Office.
Yours faithfully

never-in-doubt

daz2bedebtfree wrote: »

in response to our previous correspondence you have failed to answer the questions i asked therefore as stated before i require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) .Your obligation also extends to providing a statement of account. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated or I will have no choice but to escalate the matter to the relevant authorities including the Office of Fair Trading and the Information Commissioner's Office.

Yours faithfully

What happened to number 2? (this is it lol: You must supply me with a signed true and certified copy of the original default notice)

You have sent a follow up letter to the CCA request..... if you sent it to the DCA (i.e. Equifax) then they will ignore it as they are not under any obligation to supply it - the CCA request (and any subsequent follow up demand) must be sent to the DCA or OC NOT the CRA!

daz2bedebtfree

never-in-doubt wrote: »

What happened to number 2? (this is it lol: You must supply me with a signed true and certified copy of the original default notice)

You have sent a follow up letter to the CCA request..... if you sent it to the DCA (i.e. Equifax) then they will ignore it as they are not under any obligation to supply it - the CCA request (and any subsequent follow up demand) must be sent to the DCA or OC NOT the CRA!

lol i forgot to type number 2 dohhh!! lol
anyhow thats what i sent to the company by letter as well as sending it through the onluine dispute with equifax
but as stated never got any response,

never-in-doubt

daz2bedebtfree wrote: »

lol i forgot to type number 2 dohhh!! lol
anyhow thats what i sent to the company by letter as well as sending it through the onluine dispute with equifax
but as stated never got any response,

phew glad you done it via post as well.... so you sent it to the DCA?

I'll come back later and sort this with you yea? catch you later mate.

daz2bedebtfree

never-in-doubt wrote: »

phew glad you done it via post as well.... so you sent it to the DCA?

I'll come back later and sort this with you yea? catch you later mate.

hi , yes i sent it to them both,
look forward to hearing from you soon
regards
darren
ps it may also be wortyh noting that the international collections data on my file doesnt state any payment history or start balance?

UncleSimit

I'm currently trying to get a satisfied default removed from Three myself.

When I settled the outstanding balance I actually asked for the default to be removed as I had paid off the debt, to which I was told it would be . However, it was never done and when I challenged them later about it they simply said 'The default has indeed been updated and marked now as satisfied. However, it will not be removed as a true reflection of how the account was maintained must be shown'.

As the the agreement for the removal was verbal only, I don't really have a leg to stand on. Having contacted them again regarding this they claim they have no recallection of such an agreement and say how I was told it would stay on file to 'show a true reflection'. What's more, the CCA doesn't even apply to mobile companies, yet they are able to place defaults :mad:. I'm tempted to do a Subject Access Request but don't see how it will make a difference either.

Guess I'll have to ride out the 3 years till it drops off .

Quote:
Originally Posted by noah271007
If you have exhausted the complaints procedure, you can either or both (i recommend) formally complain to Ofcom or start county court legal action! You will be suprised how quickly they will remove the default once they received the court summons! I succeeded removing 02 default this way.
You got nothing to lose, but for now I advise you to get SAR now and get the letters rolling, so it would stand out in court if you have to. Legal proceedings should and always be a final resort. Hope this helps

I'd be more than willing to go court if I had any grounds to do so. I got no proof the removal was agreed between myself and them (they claim it's on file that I was informed it would NOT be removed). Plus it's within their right to keep it on file anyway.

If anything I'll still do a SAR and see what I can find.

Received a letter from Three today.

The letter states -

I write you further to your letter dated 19th May 2009 which was received by us on 18th May 2009.

I have received confirmation from our Chief Executive's Office that they have been unable to contact you to help resolve any issues which you may have recently face.

Please be advised that we are in the process of gathering the information you have requested under your Subject Access Request and we seek to send this data to you in the next 14 days.

King regards

Yours sincerely

Data Protection Compliance Executive


Now I'm thinking/hoping the part refering to the Chief Executive's office trying to contact me is regarding my previous letter asking for them to remove the default.

We'll soon see I guess.

Basically - I had two accounts with Three in 2005 which as a result of some finacial problems ended up in arrears. A change of address also didn't help in the matter. When I finally got back on my feet, few months down the line, I contacted Three to make arrangements to pay the outstanding balance on both accounts. I caught one account just before the default stage but was not so lucky with the other one. Nonetheless, I spoke to customer services and told them I'd be willing to pay the balance on the defaulted account if they agree to fully remove the default, to which they said yes. However, this was not done and I've been at war with them since as they claim they agreed no such thing and that marking it as 'Satisfied' is the most they can do as a true reflection of how the account was maintained must be shown.

The reason I did a SAR was to see if any mistakes had been made during the defaulting process that I can pick up on and use. What's more, they did verbally agree to remove it in the first place so I'm hoping this is on file somewhere too. Strangely enough though, since I sent a letter asking for them to follow through with their original agreement to remove the default (which they denied to do), the default no longer appears on my Equifax file .

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 . 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.

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 .

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.

Just received my SAR and got off the phone to someone at Three's Executive Office - a pointless conversation reallly.

"It is illegal for us to remove a default from your credit file, as a true reflection of how the account was maintained must be shown."

Same thing I keep getting told. The SAR information hasn't made much difference either.

I think I might just call it a day actually, only 3 more years till it falls off anyway .

Ha, I do go on abit.

I really doubt I have any grounds for removal though as the default was rightly placed. I was just hoping I'd some sort of error on their behalf I could use against them .

daz2bedebtfree

MasterSimit wrote: »

Ha, I do go on abit.

I really doubt I have any grounds for removal though as the default was rightly placed. I was just hoping I'd some sort of error on their behalf I could use against them .

one thing i am quite sure about is there is no law that states they have to put a default on your file or infact update it ,as i am told it is only ccjs ect that this law applies to and it has to be signed by a court

any information at all they supply is simply just company practise
they talk bolloks i think:o