Sutton's default removal letters

never-in-doubt

daz2bedebtfree wrote: »

Mate the three letters for you are here:

Letter 1 (Capital One) - #661
Letter 2 (Catalogue) - #659
Letter 3 (Cahoot) - #662

The bank charges one ( #627) i've not touched cos you said the ICO is dealing with this now. So that's you sorted, send the letters and see what happens.

Good Luck!

N-i-D

never-in-doubt

MasterSimit wrote: »

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

Hi

Ok, in relation to the Three account, you're going to try and force them to remove it by way of threat. Am I right to assume you never received a copy of your default notice? In either case, you need to send this to Three and see what they say - it should have more weight than general letters and because we can see their internal comments, we can argue them. Regards to the white lie (recordings) this is to try and bluff them into submission!

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Letter to send to Three:

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Dear Three,

Ref: XXXXXXXX

I write with reference to previous communication regarding an old account that I was duped into paying, back in June 2007.

On 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. I then advised the customer service advisor that I would call back the next day and pay the balance, in full, in exchange for the default being removed.

As promised, on 30.06.07 I paid the full amount of £166.35 over the phone and again queries whether the default would be removed, to which I was given the same response. For the record, I do have a recording of both calls and will be admitting them as evidence in court, should you continue to try and fob-me-off.

I stuck to my end of the agreement whilst it appears you are now backing out using any excuse going. This is simply not acceptable and will not be tolerated any longer.

I have seen all kinds of remarks on your systems such as 'received letter from customer to amend the file, advised it has been done & have sent a letter to the customer which is attached to notes his file is amended' (06.09.2007)

At the end of the day agreeing to remove a default notice, means removal in its entirety not simply changing the status.

I am happy to draw a line under this if you can agree to the immediate removal of the account from my credit files. The alternative is for me to place the account formally into dispute (retrospectively) and look at the legality of the issuance of the default notice.

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

just_about

Hi NID, dunno if you remeber we had a discussion about a barclays bank account default, which i have paid off now, however i wanted to get the default removed, so was waiting for you letter in relation to that.

Incase you do not remeber the previous conversation we had I can once again update you on those details.

cheers buddy, waiting for your help !!

never-in-doubt

Hiya matey,

Letter you need to send to Barclays is below. Remember you must send it recorded delivery and keep anything they send back to you and update me. Do not deal on the phone or anything!

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Letter to send to Barclays Bank:

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Customer Relations
Barclays Bank PLC
1 Churchill Place
FREEPOST
RTLA-CSUE-TCHC
London
E14 5HP

Dear Barclays,

Re: ACCOUNT NUMBER: XXXXXXX

Further to paying the alleged debt off, I have since found out that the actual debt may not have been enforceable in the first place as you issued an unlawful default against me.

This account cannot be defaulted without sight of the default notice and whilst the account is in dispute. Barclays never notified me of any such default and instead placed a default against me using inaccurate data and dates. It is also forbidden to issue a default whilst an account is in dispute, as you are well aware.

I am more than happy to draw a line under this if you agree to immediately remove all data registered against me with all the credit agencies. I do feel this is a more than reasonable request being I did pay the funds without question and now the account is clear, I feel removal of the adverse/account data is only fair.

If you refuse, then I will look to take matters further, in particular bringing into question your issuing of a default in April when I was still under an arrangement to pay (account in dispute); I was never informed of any such default, or intended repercussions; the default amount is incorrect and the default date conflicts with my existing arrangement. It should also be reiterated that I did place the account into dispute, at the point you started charging me ridiculous amounts for slightly exceeding my overdraft. As you know, I am well within my right to request a refund of excessive charges but am not interested in this - I only want what is fair and that is immediate removal of all derogatory information.

It was also verbally confirmed to me by your DCA that the data would be removed upon payment being made in full, obviously a deceitful lie which will not go unpunished if I am forced to pursue matters. Unless you agree to the immediate removal of all defaults and close these accounts down, I will seek redress through the courts, report you to the appropriate authorities for your shortcomings and seek compulsory compensation.

This account is now formally placed into dispute and you should also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the three (3) Credit Reference Agencies. Should you refuse to comply, you must within 21 days, provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond then I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The farcical way in which I’ve been treated by Barclays and associated third parties gives a clear basis for dispute and as such the following applies:

* You may not demand any payment on the account, nor am I obliged to offer any payment to you;
* Any payment previously made should be refunded immediately;
* You may not add further interest or any charges to the account;
* You may not pass the account to a third party;
* You may not register any information in respect of the account with any credit reference agency;
* You may not issue a default notice related to the account.

All I want is closure, simply remove all trace of these defaults and close the accounts and I’ll be happy to draw a line underneath this whole episode. The alternative will be far worse.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.



Yours faithfully
Sign digitally

never-in-doubt

just_about wrote: »

Hi NID, dunno if you remeber we had a discussion about a barclays bank account default, which i have paid off now, however i wanted to get the default removed, so was waiting for you letter in relation to that.

Incase you do not remeber the previous conversation we had I can once again update you on those details.

cheers buddy, waiting for your help !!

Hi mate,

letter done for you. Send that off and see what happens - good luck!

just_about

never-in-doubt wrote: »

Hi mate - it starts here, right? #441

Yes it does, but that's not the full story. I paid up the default (not in full but a full and final settlement figure with the DCA), do you remeber that bit ?

never-in-doubt

just_about wrote: »

Yes it does, but that's not the full story. I paid up the default (not in full but a full and final settlement figure with the DCA), do you remeber that bit ?

All covered mate - see above letter #666

just_about

never-in-doubt wrote: »

All covered mate - see above letter #666

Thanks a lot NID, you are a saviour mate. You truly have helped so many people, God bless :T:T

never-in-doubt

just_about wrote: »

Thanks a lot NID, you are a saviour mate. You truly have helped so many people, God bless :T:T

Are you happy now matey? - After reading my PM? Do you follow what and why we're sending this letter.....? Obviously dont repeat my PM on here but do you get what is going on? Hope so!

just_about

never-in-doubt wrote: »

Are you happy now matey? - After reading my PM? Do you follow what and why we're sending this letter.....? Obviously dont repeat my PM on here but do you get what is going on? Hope so!

Yheh i do get it totally !! Ignore my previous post please

Thanks a lot again :T