Sutton's default removal letters

never-in-doubt

jamie_k wrote: »

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

Hiya

Send this to all 3 of them - HSBC, DCA & Legal Team and put a copy in with each other so each know you've sent a copy to all three of them. You do not send another £1, just a copy to each.

Account in Dispute

Dear Sirs,

Account No: XXXXXXX

I refer to my letter dated XXXXXX in which I made a formal request under the Consumer Credit Act 1974 s.77-79 for true copies of the regulated agreement referred to in the above account number. You are reminded that you are obliged to supply these under sec.189 whether you are the original creditor or not. I also enclosed the statutory fee of £1.00 for this account which was cashed on XXXXXX but still, no CCA has arrived.

After recently obtaining a copy of my Credit File I was concerned to note that your company has placed a "Default" notice against an alleged account I held with you, being I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data as well as substantiating the legal Notice of Assignment of the original purchase from HSBC.

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) for fixed sum credit. Your obligation also extends to providing a statement of account.

2. You must also supply me with a signed, true certified copy of the original default notice and original Notice of Assignment.

3. I remind you that you are obliged to supply these documents, whether you are the original creditor or not under s.189 of the act. (CCA 1974).

Additionally this alleged agreement is both unenforceable and unlawful until such time as the default is removed or enforced by a court of law. It is a further offence to attempt to enforce this alleged agreement until such time as the default is removed.

Consequently I am ceasing all payments to your company until such time as this matter is resolved. It is also my intention to report this matter to the appropriate enforcement authority unless you hereby agree to remove all data from all credit reference agencies at your earliest convenience. This would, as matter of fact, also be the cheapest option for you as I will be seeking a mandatory compensation claim along with any associated court costs should you fail to recognise you are in breach of the Consumer Credit Act and have no legal entitlement to chase me for this alleged debt which cannot be proven exists, let alone to me.

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.

Yours faithfully


Sign digitally

oopsadaisydoddle

never-in-doubt wrote: »

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.

Can confirm all negotiating was done with BH re amounts they would accept. If I remember correctly the course of events went:
1)Copy of Credit file-noticed default
2) Called BH who advised been passed to Lewis Group (not Lowell-don't know where that came from unless I've seen it on here!)
3)Called Lewis Group (very briefly) who advised of amount owing and when I said could offfer lump sum but not full amount they referred me back to BH.
4)Called BH again to explain this and they asked me to come into branch
5)Went in to branch to negoitiate and they said they would accept £1771 as 'short settlement'
6)agreed to this and girl in branch phoned another number to actually process debit card transaction..it may be possible it was Lewis Group she called and they processed it. That was it re that.

Credit file show this (only have paper copy so just typed this in):

Mrs My Name....My Address at the time
JOINT ACCOUNT
Date of Birth 00/00/00
BLACK HORSE LTD LOAN
Started 27/01/04 Default £2389 Defaulted 06/07/05 Balance Satisified
Monthly Payment £89 over 39 mths Status History 8
File updated for the period to 26/10/06

I've also just noticed it shows as 'satisfied' not settled as I said before-Hope that doesn't make things worse-I'm pregnant and my brain seems to have taken leave of itself!

I sent the SAR to BH and I only did this because had no response from here so was bit stuck and called ICO who advised they could only help if BH didn't respond to SAR as would be breach of DPA and that is within their powers. I'll just have to live and learn re the money I sent for this but I'm hoping the request for the SAR won't cause any probs?

Not sure what you mean by older loans only needing one signatory but just to confirm, I did sign to agree to the loan. I won't speak to anyone-so no worries if they do try and call. Also, I didn't think that they were obliged to send CCA as account is paid so it is good to know they do!

Thanks again for the advice and info

davmail

never-in-doubt wrote: »

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....

Thank-you for your input,I had an IVA years ago,(Was finished 2 years ago)all accounts settled,including Egg,all the others have removed all content,but not Egg,they have loads of defaults against me,last one May last year,I have told them it is settled,says 'satisfied' on my Callcredit entry,but all these 'defaults' show up,how can I make them remove them??
Many Thanks.

never-in-doubt

davmail wrote: »

Thank-you for your input,I had an IVA years ago,(Was finished 2 years ago)all accounts settled,including Egg,all the others have removed all content,but not Egg,they have loads of defaults against me,last one May last year,I have told them it is settled,says 'satisfied' on my Callcredit entry,but all these 'defaults' show up,how can I make them remove them??
Many Thanks.

Hiw many defaults have egg placed eggsactly (sorry had to do it)..... Is it for the same singular debt, i.e. multiple defaults for one debt? or did you have various accounts....?

cheers

davmail

never-in-doubt wrote: »

Hiw many defaults have egg placed eggsactly (sorry had to do it)..... Is it for the same singular debt, i.e. multiple defaults for one debt? or did you have various accounts....?

cheers

It is 8,from May 08 backwards 8 months!!!This is only on the Callcredit file,on Experian it is a Green 'U'.For same debt.
Have noticed on Callcredit only,a whole raft of red cirles with '6' in them,(47) fromDec 02 to March 06,says 'Settled' at Apr06,fromParagon Finance,no idea as to who they are.

digitalphase

NID, I got a reply back from Marbles yesterday regarding the 5 late payment marker on my account while it was in dispute.



Any ideas what I can send back to them? Thanks.

never-in-doubt

digitalphase wrote: »

NID, I got a reply back from Marbles yesterday regarding the 5 late payment marker on my account while it was in dispute.

Any ideas what I can send back to them? Thanks.

Hiya

Is this in relation to this letter: http://forums.moneysavingexpert.com/showthread.html?p=23000205#post23000205

If so, then fine. Can you confirm, have they sent the CCA yet and was the cheque you sent cashed (if so, when?)?

If not, is it in relation to a letter yo sent previously....?

Cheers :-)

p.s. don't worry, whilst an account is in dispute they cannot add a default or pursue collections......

digitalphase

never-in-doubt wrote: »

Hiya

Is this in relation to this letter: http://forums.moneysavingexpert.com/showthread.html?p=23000205#post23000205

If so, then fine. Can you confirm, have they sent the CCA yet and was the cheque you sent cashed (if so, when?)?

If not, is it in relation to a letter yo sent previously....?

Cheers :-)

p.s. don't worry, whilst an account is in dispute they cannot add a default or pursue collections......

Thanks, yes that was the eventual reply to that letter.
I didn't request a CCA or send a cheque, didn't think I had to?

never-in-doubt

digitalphase wrote:

NID, Any ideas what I can send back to them? Thanks.

Hiya,

Lets have a blast - send them the following letter direct to the person that wrote to you...... see how he likes this! For the avoidance of doubt, Mr Lewis doesn't have a clue! He's so far off the ball he should work in frontline customer services! LOL

---

Dear Mr Lewis,

Complaint Reference:
Account Number:

I write with reference to your letter dated July 3rd, the content of which has been noted, and subsequently disregarded. For the avoidance of doubt, I reiterate, I was disputing the sum owed and, as such, you were under duty to refrain from taking any action until the dispute was fully resolved.

The current Banking Code (Section 13.6) states:

"We may give information to Credit Reference Agencies about the personal debts you owe us if:

• You have fallen behind with your payments,
• The amount owed is not in dispute; and
• You have not made proposals we are satisfied with for repaying your debt, following our formal demand."

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states:

"putting pressure on debtors or third parties is considered to be oppressive. This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute"

I assume the above is crystal clear and I will not enter into further unnecessary communication with you about this matter. I formally allow you 21 days in which to amend my credit file(s) with the correct entry of a green [0] as opposed to late payment indicators. Failure to acknowledge and action my simple, lawful request will result in my taking legal action against you under the Data Protection Act 1998 seeking enforcement and compensation.

It should also be noted that I made a formal request under the Consumer Credit Act (CCA) 1974 s.77-79 for true copies of the regulated agreement referred to in the above account number. You are reminded that you are obliged to supply these under s.189 whether you are the original creditor or not.

To date you have failed to comply with my statutory request and have defaulted in respect of this account. This means that under the CCA you have now committed an offence punishable upon conviction, by a fine and certainly enforcement to adhere.

Additionally this alleged agreement is unenforceable until such time as the late payment markers have been replaced with a payment on-time marker. It is also an offence to attempt to enforce this alleged agreement until such time as the late payment markers have been removed.

This account is now retrospectively placed into dispute and you should also consider this letter as a statutory notice under s.10 of the Data Protection Act (DPA) 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 derogatory data.

Furthermore you should be aware that you are not permitted to take any action against an account whilst it remains in dispute. The farcical way in which I’ve been treated 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 the late payment markers and this matter will be closed. 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 next 21 days.

Yours faithfully



Sign digitally

digitalphase

Thanks very much for that NID, though I'm not sure about the CCA thing. I may have requested it originally when I first put my account into dispute over the charges, though I think I only sent a cheque for £1 and that was to Capquest for some info as my account was with them at the time. Should I take out the bit about the CCA or leave it in?