Sutton's default removal letters

never-in-doubt

daz2bedebtfree wrote: »

just found these letters on another forum and intend to send to all my defaulted creditors, might be usefull to someone (send both letters)

The letters you link to are s.10 letter which in laymans terms is a cease and desist letter (i.e. stop processing my data). This can only be sent and acknowledged after the DCA/OC have failed to supply a CCA. If they send a CCA then s.10 wouldn't really come into things as they will use the fact they have a valid CCA and therefore have a right to process data.

Its complicated and posting random letters will make you look amateurish - they will then have you over a barrel. Send the right letter at the right time and they will realise you are clued up and act in accordance with the governing laws.

See here for other examples of the letters you posted:

#38
#173
#187
#214
#232

Now see how they are all interlinked, i.e. quoting varying pieces of the CCA - this shows how many different letters there are but how each could be incorrectly sent.

Basically a section 10 cease & desist will be refused as the lender will always write back with 'we are allowed to process data about you' which they are! If however they have not got a CCA with your signature on it, where is the proof that they can process your data - there isn't any - so they must then cease processing your data.

never-in-doubt

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 .

Hiya

Sorry for the delay in getting back to you. Can you confirm then that you're specifically referring to one of the 'Three' Mobile accounts; i.e. one has vanished and one has a settled default?

If so, are you sure there is nothing under linked addresses and defaults for the other account in there? So long as you're sure its only the one account then please help with the following:

1. When did you pay the o/s balance and ask for default to be removed
2. Was this in writing or verbally
3. How much did you pay
4. Was there a lot of interest and charges as part of the balance
5. Was the final payment a reduced settlement or the actual amount you owed
6. Who have you been dealing with - CPW or DCA
7. Who registered the default and what is the default date
8. What did you last send them, was it a SAR request - is that all - or was it more than that?
9. Did you ever receive a default notice

If i've missed something obvious or useful, please tell me! Cheers

daz2bedebtfree

never-in-doubt wrote: »

The letters you link to are s.10 letter which in laymans terms is a cease and desist letter (i.e. stop processing my data). This can only be sent and acknowledged after the DCA/OC have failed to supply a CCA. If they send a CCA then s.10 wouldn't really come into things as they will use the fact they have a valid CCA and therefore have a right to process data.

Its complicated and posting random letters will make you look amateurish - they will then have you over a barrel. Send the right letter at the right time and they will realise you are clued up and act in accordance with the governing laws.


Now see how they are all interlinked, i.e. quoting varying pieces of the CCA - this shows how many different letters there are but how each could be incorrectly sent.

Basically a section 10 cease & desist will be refused as the lender will always write back with 'we are allowed to process data about you' which they are! If however they have not got a CCA with your signature on it, where is the proof that they can process your data - there isn't any - so they must then cease processing your data.

so i assume the letter would be suitable to send to internation collections as they didnt supply me the information mate

never-in-doubt

daz2bedebtfree wrote: »

so i assume the letter would be suitable to send to internation collections as they didnt supply me the information mate

I'm still working on your stuff mate - be patient! Its a lot to take in and a lot to do!! Just bear with me - i'll post through the night so check in morning and the three letters to send will be here (we're missing one, as I suggested yesterday - #627 )....

daz2bedebtfree

never-in-doubt wrote: »

I'm still working on your stuff mate - be patient! Its a lot to take in and a lot to do!! Just bear with me - i'll post through the night so check in morning and the three letters to send will be here .

sorry mate i wasnt being impatient ,just nosing through thousands of posts and forums lol , just thinking out loud
will keep checking back and many many thanks for your time:T

never-in-doubt

daz2bedebtfree wrote: »

sorry mate i wasnt being impatient ,just nosing through thousands of posts and forums lol , just thinking out loud
will keep checking back and many many thanks for your time:T

Bear in mind this is a slow process, don;t get impatient if you want to win! Rush it and things can and inevitably do go wrong.

I'll post the letters you need to send later on, they will be here by the time you get up in morning (just got some work to finish then i'll get on with it!)

never-in-doubt

Hi

Ok, in relation to account 2 (#626) you need to send this letter to the Debt Collection Agency (DCA) only and remember to amend the red bit to show the catalogue name!.

---

Letter to send to Moorcroft:

---

Dear Moorcroft,

Ref: XXXXXXXX

I write with reference to previous communication regarding an old account that I was forced to pay off, illegally, back in 2006. At the time I was purported to have held an account with CATALOGUE NAME HERE and requested proof of the account by requesting a copy of any agreement in line with the CCA 1974.

I was eventually contacted by phone by Moorcroft who told me that if I paid £300 then they would remove all details from my credit file and call it quits, i.e. I agree to pay £300 and they agree to erase all trace of the account. At first I declined as I disputed the debt was ever mine, coupled with the fact no agreement could be produced despite the fact my £1 cheque was cashed (£1 sent with my CCA request). I then issued a prove it letter as I noticed a default was placed against me. I never received a response to this either.

When Moorcroft rung me a second time with the same threats, I was scared and decided to pay to avoid any action and yet again I was promised nothing would ever be reported on my credit file and so wrongly assumed you'd remove the default notice.

Recently when I seen my file and noticed a default placed by you for the debt that wasn't mine, on an officially disputed account, I was horrified. So here we are, I am now considering the legal route to enforce removal as the data you process is wholly incorrect and actually libellous as I do not and have never held a debt and should therefore never have paid you anything. It may be worth noting no default notice was ever received either.

I am happy to draw a line under this if you can agree to immediate removal of the account. The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, i'll probably be able to counter sue and litigate over unenforceability.

To confirm, I am more than happy to draw a line under this and agree to leave things as they are so long as you agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letterheaded paper, to which I will respond confirming that as far as I am concerned the matter is closed. Failure to agree will result in more formal papers being sent, by return.

I look forward to your imminent response.

Yours faithfully,







Sign here digitally

UncleSimit

never-in-doubt wrote: »

Hiya

Sorry for the delay in getting back to you. Can you confirm then that you're specifically referring to one of the 'Three' Mobile accounts; i.e. one has vanished and one has a settled default?

If so, are you sure there is nothing under linked addresses and defaults for the other account in there? So long as you're sure its only the one account then please help with the following:

1. When did you pay the o/s balance and ask for default to be removed
2. Was this in writing or verbally
3. How much did you pay
4. Was there a lot of interest and charges as part of the balance
5. Was the final payment a reduced settlement or the actual amount you owed
6. Who have you been dealing with - CPW or DCA
7. Who registered the default and what is the default date
8. What did you last send them, was it a SAR request - is that all - or was it more than that?
9. Did you ever receive a default notice

If i've missed something obvious or useful, please tell me! Cheers

No problem bud, I know you're in hot demand on here lol.

So -

The account I am refering to is the one with the satisfied default, which is the same one that has gone missing from my Equifax records. My other account has just late makers which I am not too bothered about and was settled as normal at the end of the contract term.

Looking at my credit report from 04.12.08, I have my current address and two previous ones, with the default recorded under my second previous address. Now on my report from the 28.06.09 (and any other reports since my move) I have my new current address and two previous address but no reference to my default (if that makes sense).



On the 29.06.07 I contacted Three CS (by phone) to query the outstanding amount on the account and to ask if I paid the outstanding amount in full would the default be removed - to which I was told yes. So then on the 30.06.07 I paid the full amount of £166.35 (no interest/charges) and again asked about the removal of the default to which I was given the same response.

On all occasions I have been in contact with Three directly and not via a DCA or any other third parties.

The default was registered by Three on the 25.06.06.

The last contact I had with Three was over the phone to someone at their Executive Office in Scotland. Before that, yes it was my SAR.

As I moved address (and have done alot as you can see) I did not receive a default notice, but having got my files after the SAR I now have a copy of a final collection letter which is dated 09.02.06.



Seems to me that their definition of removal is different from mine because looking at my history of contact with them, on the 31.08.07 it says:"Credit file amended to show default has been removed, but the payment history shown on the credit file is a true reflection of how the account was managed."



Then when I've queried it on 06.09.07 it says:

"recd letter from customer to amend the file, adv it been done have sent a letter to the customer which is attached to notes his file is amended"

then again on the 23.09.07



"Rec credit report which says that he is defaulted..advised there was already a CSA raised on the 30.08.07 and that history will show the way he managed accounts with us..customer not happy as he wanted default removed"

and again on 05.11.07



"recd letter from customer, he is not happy with the account being only settled he wants us to remove negtive marks. if customer calls back advise that we cannot delete late makers...true reflection..."



I sent another letter again (you got to give it me for trying aye lol) and as you can imagine - same response.

never-in-doubt

Hi

Ok, in relation to account 1 (#625) you need to send this letter to the Debt Collection Agency (DCA) only.

---

Letter to send to Fredrickson International:

---

Dear Fredrickson,

Ref: XXXXXXXX

I write with reference to previous communication regarding an outstanding balance on the account and your unlawful entry of a default notice against me within my credit file(s).

I must point out that at the time the default was registered, I was in the middle of negotiating a repayment plan (August 2008) and was awaiting confirmation of what to pay. When you never got back to me I assumed that you had realised the debt was in fact unenforceable and so acted accordingly and ceased all future threats.

Imagine my horror then, when out the blue I notice a default entry appear on my credit report(s) in relation to the disputed account. May I remind you that whilst an account is disputed you are not permitted to add any derogatory data against me nor can you chase me for repayment, both were ignored and I have a copy of all letters to date confirming so (the letters will conflict with the default date proving you acted unlawfully).

However, in order to satisfy things once and for all, I wish to make an offer to resolve that will suitably please both parties.

As the balance was indeed disputed (the account balance was £250 yet the amount requested was in excess for £466), the balance was never paid as I was awaiting additional correspondence. The issuance of a default was too hasty and I never received a default notice, i.e. you were in fact way too hasty in issuing the default in the first place. As such, I feel a compromise should be reached that suits both parties. The balance was never left due to any kind of fraud or negligence but due to the amount being in dispute.

As a result, should I decide to take this through the County Court there is a high probability that this will become enforced and I will end up paying nothing, you will pay all court costs and removal of data from credit reference agencies will be a formality. So to save us both the time and hassle of litigation, I confirm I am more than happy to settle the original amount owing (£250) so long as you can agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letterheaded paper, confirming the payment of £250 will clear and close the account and I will send a cheque by return.

Failure to agree will result in things turning nasty with a high probability of me seeing you in court. I have copies of everything whereas you have already proven that you struggle to provide a CCA let alone a copy of any Notice of Assignment od Default Notice.

I look forward to your response. confirming that you'll accept my proposition in full. £250 is better than £0 which will be the case if you decline my very generous offer.

Yours faithfully,

Sign here digitally

never-in-doubt

Hi

Ok, in relation to account 4 (#628) you need to send this letter to Cahoot only. Remember there isn't much you can do with this one - just send this and see what they do/say.

We're basically asking them to replace the default with the arrangement-to-pay. They may bite, they may not

---

Letter to send to Cahoot:

---

Dear Cahoot,

Ref: XXXXXXXX

After recently obtaining a copy of my Credit Files, I am concerned to note that your company has placed a "Default Notice" against the account, at the same time we had an arrangement to pay and therefore a default cannot be placed against me as I did not allow the default to actually take place.

As you are no doubt aware, prior to a default notice being classed as executed, I must receive a copy. I never and believe that underhand tactics have been used to tarnish my name. Further to this, I was told on numerous occasions that no default notice would be placed on my file but instead, an arrangement to pay marker would appear. It seems the reverse has occured.

As such, please remove the default entry immediately prior to my reporting you to the Information Commissioners Office for an evident breach of Consumer Credit Act (1974).

I will also cease payments to the account until such time the default entry is removed, commencing 15th August 2009. That means I allow you 6 weeks in which to remove the default entry and replace it with the arrangement to pay marker as previously agreed, failure to comply will result in my cessation of payments followed by swift legal action through the county courts.

I assume you are aware that under s.189 of the CCA (1974) you are obliged to supply a copy of any Default Notice to the debtor?

Yours faithfully,



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