Sutton's default removal letters

never-in-doubt

daz2bedebtfree wrote: »

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

Mate the Lloyds account was No3 on your list wasn't it - the one i'm not touching cos the ICO are dealing with it? If so, then try not to confuse me with that one cos the ICO will take of it.

I can't get involved in that - not if they are dealing so please update us on that when they have concluded their investigation.....

Regards to Cap1 letter, I assume that is not a reply to the letter I done for you, if not then just hold fire until you get the replies from the most recent letters as these supercede all others right now. :eek:

never-in-doubt

oopsadaisydoddle wrote: »

Hi there,

I've just come across this thread and have found it fantastic re the advice that's been given so I'm hoping someone might be able to help me. I have 1 default showing on my otherwise clean credit record and this was registered by Black Horse in July '05. This was for a joint loan with my ex husband whom I discovered was not making the repayments on this (as well as many other things) and by the time I discovered the extent of his lying this default was on my file. Luckily all of the other debt he left me with hasn't been recorded against me but think that was because I 'caught it in time'. I have paid everything back. I'm completely aware that I was jointly liable with my husband for this acc but at the time I was married to him I had no reason to distrust that he wasn't paying it as we had agreed. As soon as I discovered the default, I made arrangements to settle the account and up until very recently I just thought I had to put up with it being on my record but after having read this site, it seems there may be another way. I actually read the learnmoney site before this and have (rather hastily it seems) sent a CCA request to Black Horse. This was received by them on 03/06/09 and I have had no response. I did however tell them they had 28 days to reply as I had just pasted the letter from the learnmoney site. The 28 days will be up on 01/07/09 and I'm just wondering if someone could advise what i should do next?

FYI-I NEVER received any default notice from them but I have to admit it is possible they sent one and my ex kept it from me.

I know some people have said just to let it roll my file in couple of years but if it's posible, I'd love it to be done sooner.

They have also cashed the £1 cheque I sent as the statutory fee but that cleared my account on the 8th June so I was expecting to receive some correspondence from them not long after that. I know they have until next wed to reply as per my letter but I just have a feeling I won't get a repsonse..and of course after reading his site, I have discovered they should've replied within 12+2 days...if they don't respond then VERY cheeky to cash my cheque!!

Apologies for long post, I just wanted to make sure everything was on that was relevant. I'm also new to this so hope I've got it right!

Thanks in advance

Hiya,

First things first - don't rush, they have cashed the cheque so just leave them to it and see what they send you. Hold fire until this comes.

There is a letter that we sent to chase them, I personally never send it because when they 'default' by missing your deadline it helps if you go to court. Reminding them they have defaulted is a waste of a stamp in my opinion.

Regards to the debt/default, please advise:

1. When did you last make payment
2. What shows on your credit record (i.e. settled?)
3. Who are you dealing with, Black Horse (Lloyds) or a DCA?

Cheers

oopsadaisydoddle

My last payment was when I settled in Aug 2005 but default shows from July 2005. Shows on credit report as 'settled'. I actually paid Lowell for this because when I found out about default situation and phoned Black Horse to settle, they told me that they had passed it onto Lowell already (I had no idea was with this DCA). Default shows as Black Horse's. This all probs sounds like I was really stupid not knowing about it, but as I said, my ex was sneaky. I hope I've done this right-so useless when it comes to technology..lol!

never-in-doubt

oopsadaisydoddle wrote: »

My last payment was when I settled in Aug 2005 but default shows from July 2005. Shows on credit report as 'settled'. I actually paid Lowell for this because when I found out about default situation and phoned Black Horse to settle, they told me that they had passed it onto Lowell already (I had no idea was with this DCA). Default shows as Black Horse's. This all probs sounds like I was really stupid not knowing about it, but as I said, my ex was sneaky. I hope I've done this right-so useless when it comes to technology..lol!

Hiya that makes sense. So did you pay Lowell a percentage or the full balance?

Did you ever query the amounts back in 2006, or the interest etc...? Were you charged a lot, i.e. lots of charges added and debt added to the total?

oopsadaisydoddle

never-in-doubt wrote: »

Hiya that makes sense. So did you pay Lowell a percentage or the full balance?
I believe it was what is known as a 'short settlement'-from what I can remember, they (Black Horse) told me the balance was at £2400 (approx-can't remember exactly) and they accepted payment of £1771.

Did you ever query the amounts back in 2006, or the interest etc...? Were you charged a lot, i.e. lots of charges added and debt added to the total?

I didn't query anything (stupid I know) and I honestly can't remember what the initial £2400 was made up of but the original loan was for £1500 so I think there will have been interest and possible charges. I have no idea what payments were actually made on the account by my ex. I actually found out about it by getting in touch with Black Horse (after finding the default on my credit file) and they then told me it had been passed to DCA (Lowell) and when I explained that I was in a position to pay a lump sum to clear it they asked me to call into the Black Horse branch. I did this and they then gave me the the £2400 balance (no breakdown as to how they got to that figure though)..I told them that I couldn't afford quite that much and that is when they agreed to the £1771. They (BH) then phoned the DCA and said that they were happy to accept the £1771 as a short settlement as full and final payment and I made the payment there and then. After re-reading what I've written, i can't believe how stupid I sound by not asking for more specific info at the time (i.e breakdown of charges etc) but I was having such a bad time with my ex, I just wanted to get it all out of the way as soon as I could and went with what they told me.

Hope this makes sense....also re what you put about waiting for them to reply to CCA request...this was received by them on 03/06/09 so well over 30 days ago and as I said I sent the SAR yesterday so do you think it's best to wait the 40 days that they have to respond to that? sorry so many questions!!

never-in-doubt

oopsadaisydoddle wrote: »

I didn't query anything (stupid I know) and I honestly can't remember what the initial £2400 was made up of but the original loan was for £1500 so I think there will have been interest and possible charges. I have no idea what payments were actually made on the account by my ex. I actually found out about it by getting in touch with Black Horse (after finding the default on my credit file) and they then told me it had been passed to DCA (Lowell) and when I explained that I was in a position to pay a lump sum to clear it they asked me to call into the Black Horse branch. I did this and they then gave me the the £2400 balance (no breakdown as to how they got to that figure though)..I told them that I couldn't afford quite that much and that is when they agreed to the £1771. They (BH) then phoned the DCA and said that they were happy to accept the £1771 as a short settlement as full and final payment and I made the payment there and then. After re-reading what I've written, i can't believe how stupid I sound by not asking for more specific info at the time (i.e breakdown of charges etc) but I was having such a bad time with my ex, I just wanted to get it all out of the way as soon as I could and went with what they told me.

Hope this makes sense....also re what you put about waiting for them to reply to CCA request...this was received by them on 03/06/09 so well over 30 days ago and as I said I sent the SAR yesterday so do you think it's best to wait the 40 days that they have to respond to that? sorry so many questions!!

Ok, thanks for responding..... i've got the idea now.

Right, first off - can you confirm that all your negotiating was done verbally over the phone direct with Black Horse, ie you never dealt direct with Lowell? If you did, in what way and how.... this is important in case we raise legitimacy of assignment.

On your credit file does it show default as £2400 and then settled with settled balance as £1771? If not please confirm exactly what shows on your credit file and also who registered the default and on what date. Basically copy all the info from that entry (excluding anything personal of course).....

Also, who have you SAR'd and why? A SAR won't help you much here, it will just show you a breakdown of charges which a CCA (£1) would have done......

Regards to time, just hold fire - the longer they take doesn't help them if it goes to court so just leave them to take an eternity and in the meantime we'll sort out what to do next and what to send off.

Obviously i'm prone to wait until you get the CCA back - forget the SAR, it won;t show you anything. The CCA is what is important cos on older loans it was 'allowed' for one signatory i.e. if that was your ex's then you will get a refund and the default taken off! So this should be interesting but they will probably write back saying as there is no debt they don't have to supply you a copy - they do though

Anyway, best to sit tight and await the CCA request - should come in the next week or two. Whatever you do from now on don't be rash - just wait for help before doing anything cos anything you do now could affect the outcome! Also, no phone communication! Anyone rings you then you say 'please write to me, goodbye' and hang up - do not get into a conversation with them! This is imperitive - if you speak to them this could ruin everything.....

Just hold tight and let me know when you get a reply to your CCA.

jon_boy75

never-in-doubt wrote: »

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!

I was hoping you would say that!! Quick summary then:

• Closed Abbey account in 2006 after getting back charges.
• Noticed default with Callcredit this year
• Asked Abbey to remove it as never defaulted or received notice indicating I would
• Abbey then posted default with Experian, 3 years after account closure!
• Sent SAR, Cease and Desist, letter to Company Secretary....no response
• SAR letter signed for on May 5th, cheque cashed on June 16th
• Then got that response yesterday about having no copies of default notice
• However, they won't budge...what's my next move? Court?

many thanks for your help
Jon

jon_boy75

by the way, they didnt send me a copy, they claim they dont even have a copy!!

never-in-doubt

jon_boy75 wrote: »

I was hoping you would say that!! Quick summary then:

• Closed Abbey account in 2006 after getting back charges.
• Noticed default with Callcredit this year
• Asked Abbey to remove it as never defaulted or received notice indicating I would
• Abbey then posted default with Experian, 3 years after account closure!
• Sent SAR, Cease and Desist, letter to Company Secretary....no response
• SAR letter signed for on May 5th, cheque cashed on June 16th
• Then got that response yesterday about having no copies of default notice
• However, they won't budge...what's my next move? Court?

many thanks for your help
Jon

I'll sort this for you later tonight mate...... :cool:

jamie_k_2

jamie_k wrote: »

Hi there

I'm new to this site however not new to moneysaving!

Right the situation is this-

I lost my job a few years ago and therefore was unable to pay the monthly repayments on a HSBC loan and basically dug my head in the sand rather than try sort things out. The loan debt was sold on to a DCA and have now sorted myself out and virtually cleared this debt now with the DCA, however its only from visiting this site i realised i never received a default notice or the fact the debt was sold on.

Therefore I used to first template letter in this thread to HSBC requesting the CCA and true copy of default notice. No response for approx 6 weeks! so yesterday send template letter 2.

today received letter from HSBC:

We refer to your letter dated 2 May 2009 and apologise for the delay in your response.

Please accept this as confirmation that following the closure of your accounts the debt is now being handled by our collection agents, please ensure all future communication is addressed to:

Metropolitan Debt Recovery Service
***address***

A copy of your letter has been forwarded to this office and a response will be issued by Metropolitan Collection Services under seperate cover in due course.



Now basically I have requested the CCA and relative information from HSBC which they are legally obliged to supply me and it seems they are trying to pass the buck. They issued the default according to my credit report so is it them I am supposed to be dealing with not the DCA? Also I sent template letter 2 yesterday so they should receive this possibly today so should I wait and see what their response to that is?, should i make any communication at all with the DCA??

Many thanks for your help
Jamie

Right in reponse to your pm NID this is the original post I made on this thread!

Basically I have waited for the DCA to get in touch, which they have not.

Since then I have also had a letter demanding full payment from the DCA, to which I have replied stating the debt in unenforcable due to it being in dispute, and attached a copy of the original CCA request made to HSBC for their reference.

Meanwhile I have had a letter from a solicitors acting on behalf of HSBC (the original creditor) demanding full payment (which is strange seeing as HSBC sold the debt on!!!)

Still waiting for some kind of reply from the DCA, any ideas why a solicitor would be acting on behalf of HSBC demanding the full balance??

cheers!