Sutton's default removal letters

never-in-doubt

ignore everything until they confirm/respond receipt of the letter I done for you mate...... this is the one that matters.

Keep us posted - cheers

daz2bedebtfree

never-in-doubt wrote: »

ignore everything until they confirm/respond receipt of the letter I done for you mate...... this is the one that matters.

Keep us posted - cheers

will do mate all letters have been posted so fingers crossed and ill keep you informed, p.s ive just noticed that an arrangement to pay marker has been removed from my lloyds credit card that i had raised dispute on equifax

jon_boy75

jon_boy75 wrote: »

Have opened a complaint with them. My priority though is to get the default removed. I know you're juggling loads of requests, but can I assume they dont have the default notices if they havent responded yet, or are just swamped with complaints?

I'm in Catch22...I cant prove I didnt default (i didnt!) unless they provide me the info I requested. I can prove my case in the absence of their alleged proof. They havent responded to SAR and CCA requests, so i dont know whether to call their bluff and just go to court. If they produce evidence there they will look stupid.
All my requests were sent recorded.

hi there NID

finally a response (kinda) from Shabbey, which I will quote here:

"I understand that you would like a signed copy of the original default notice. Unfortunately the original was sent to you and copies aren't held on file."

So the phantom Default Notice doesnt exist, as i've been trying to tell them for months. They've also said about my SAR "If you havent received the documentation requested in your Subject Access Request letter dated 1 May 2009, it could be that it hasnt been received. Please therefore complete the attached form and send it to....."

Any ideas on next steps...this is just more stalling from them as they dont have a single item of evidence that I ever defaulted.

airbag

I am trying the formal complaint approach as I have just discovered an £82 paid default on my credit report from 2006!!
:mad:

Hope they will just remove it for me.

jon_boy75

airbag wrote: »

I am trying the formal complaint approach as I have just discovered an £82 paid default on my credit report from 2006!!
:mad:

Hope they will just remove it for me.

with Abbey?

I hope for your sake its not!

debjonny

Not sure where to start here as I am a new user. I sent a s.78 request to Egg on the 17th June; cheque for £1 has been cashed; chaser letter asking if and when they might respond sent 30th June. No reply whatsoever - is this a common theme with EGG? What do I do next? I have an excellent credit rating and don't want to risk damaging it by playing silly beggars here but it seems to me that if they do not comply with the request they cannot enforce whiost in default. Are they likely to enter deault notices in my credit file (even though i am aware they should not). Any views / experiences with EGG welcomed. nb. card acount opened some time in 2005 I think and outstanding balance around £5k at present.
Thanks

davmail

Egg are awful,I have been trying for 2 years to get a cleared account removed,was 'settled' years ago,by mutual arrangement,but they still show it as U/C and having defaulted 2 years ago,I have written to them,phoned them,they tell me they have the right to do it,I have now sent off the two letters from this thread to see if that works,as I say I settled the account,why don't they play fair and remove it.:mad:

never-in-doubt

debjonny wrote: »

Not sure where to start here as I am a new user. I sent a s.78 request to Egg on the 17th June; cheque for £1 has been cashed; chaser letter asking if and when they might respond sent 30th June. No reply whatsoever - is this a common theme with EGG? What do I do next? I have an excellent credit rating and don't want to risk damaging it by playing silly beggars here but it seems to me that if they do not comply with the request they cannot enforce whiost in default. Are they likely to enter deault notices in my credit file (even though i am aware they should not). Any views / experiences with EGG welcomed. nb. card acount opened some time in 2005 I think and outstanding balance around £5k at present.
Thanks

Its nothing to do with Egg (citibank). They are conforming to the law, in particular the CCA 1974 which allows them provision to place a default if non payment so if you owe £5k and don't pay of course they will default you.

You mention you have a good credit record so what are you doing then? A s.78 (or CCA request to those that don't know) will effectively tell them you aren't going to pay and chances are they will hot on your heels...... you do realise unenforceability will affect your credit file, it is not recommended and should only be used as a last resort.

You sound as though you're doing this just to get free money in which case, sorry you won't get help from anyone on here. :mad:

But in response to your question, they will always take longer than the time allowed, thing is all you can do is place the account into dispute and insist s.10 (cease and desist) but why? It will wreck your credit file - for what?

Most people take a couple of months to get their CCA - pointless sending the follow up letter as all this does is tells then you're good with reminders - they will send it when they are ready - all you can do is take them to court and enforce judgement, however they will have the CCA before you reach court so just chill out and await a letter from them. People on here have waited 3 months upwards!

I think you need to tell us some more history before we can help you out.....

never-in-doubt

davmail wrote: »

Egg are awful,I have been trying for 2 years to get a cleared account removed,was 'settled' years ago,by mutual arrangement,but they still show it as U/C and having defaulted 2 years ago,I have written to them,phoned them,they tell me they have the right to do it,I have now sent off the two letters from this thread to see if that works,as I say I settled the account,why don't they play fair and remove it.:mad:

What letters have you sent? Make sure you do the right ones and in the right order....

They are under no obligation to remove it - the only way they will do it is if you send specific and relevant threats in the correct order, i.e. pointless sending a s.10 before a CCA and similarly, pointless putting into dispute if there are no charges and you admit you owe the money....

The way we get them to remove it is by proving they have messed up with their own paperwork, i.e. lack of CCA, lack of Prescribed terms, lack of default Notice, failure to correctly assign the debt - lots of ways but the first thing to send should always be the CCA request to see if they even have an agreement.

They will, of course, write back telling you as there is no debt they do not have to provide a CCA in which case we utilise other routes.....

Don't just copy a letter from here without getting it checked out for relevance as it could make you look worse in the long run.

Good luck and keep us posted on developments....

never-in-doubt

jon_boy75 wrote: »

hi there NID

finally a response (kinda) from Shabbey, which I will quote here:

"I understand that you would like a signed copy of the original default notice. Unfortunately the original was sent to you and copies aren't held on file."

So the phantom Default Notice doesnt exist, as i've been trying to tell them for months. They've also said about my SAR "If you havent received the documentation requested in your Subject Access Request letter dated 1 May 2009, it could be that it hasnt been received. Please therefore complete the attached form and send it to....."

Any ideas on next steps...this is just more stalling from them as they dont have a single item of evidence that I ever defaulted.

Hi mate - will come back to this shortly..... Can you tell me, have I done a letter for you to send them? If not, what exactly has happened to date - i'm totally confused here! lol

I know you SAR'd them but why? If they cannot prove default (i.e. if they sent you the only copy) then there cannot be a default - simple!